Energy supply should be understood as providing consumers of all economic sectors with fuels and energy. As a rule, it is carried out in accordance with an energy supply agreement. Article 539 of the Civil Code of the Russian Federation discloses the essence and features of this agreement. Let's consider them in more detail.
The content of the norm
As indicated in Art. 539 of the Civil Code of the Russian Federation, an energy supply agreement establishes the obligation of one participant (supplier) to supply energy to another (subscriber) through an attached network. The consumer, in turn, must pay for supplies and comply with safety and the established regime of consumption.
Clause 2 of Article 539 of the Civil Code of the Russian Federation stipulates that an agreement with a subscriber may be concluded if the last power receiving device has other necessary equipment and if energy consumption is ensured. These devices must comply with the requirements established by technical and other regulatory documents. Devices, in accordance with paragraph 2 of Article 539 of the Civil Code of the Russian Federation , must be connected to the networks of the supplying enterprise.
Normative regulation
Clause 3 539 of the Civil Code of the Russian Federation stipulates that laws and other acts on energy supply, mandatory rules approved in accordance with them, should be applied to relations arising under an energy supply agreement that are not regulated by the Code.
The relations related to the supply of electricity are subject to the rules of paragraph 6 of the Civil Code, unless otherwise provided by law or other legal documents.
Comments on Art. 539 of the Civil Code of the Russian Federation as amended
The agreement referred to in the analyzed norm is considered a kind of contract of sale. It is regulated by the provisions of paragraph 6 of paragraph 30 of the chapter of the Civil Code. The part that does not contradict the Code is subject to special (industry) acts on energy supply. The main ones include:
- Federal Law No. 41.
- Rules for the use of electricity and heat.
- The procedure for the supply of gas to the Russian Federation.
Issues that are not regulated by the Civil Code and the specified normative acts can be resolved in accordance with the general provisions of the Code of Sale and Purchase Transactions.
Characteristic of the contract
The agreement provided for in Art. 539 of the Civil Code of the Russian Federation , is considered mutual, consensual, onerous. According to paragraph 1 of paragraph 426 of the Code, a contract is public. Meanwhile, the consumer is entitled to demand his conclusion only if there is special equipment connected to the networks of the supplying company.
Classification
The types of energy supply agreement vary depending on the subject and subject composition. So, there are agreements on the supply of electricity, gas, oil, water, heat, etc., reverse electric power flows.
The differentiation of contracts is determined by the specifics of deliveries to citizens and the special nature of the obligations and rights of participants.
Subjects
Parties to the contract provided for in Art. 539 of the Civil Code , may be organizations and individuals. As a seller of energy acts, as a rule, the entrepreneur - the supplying enterprise.
Today, in some markets, special requirements are established for the composition of the subjects of the agreement. For example, the sale and purchase of electricity is carried out in accordance with agreements with RAO "UES of Russia" or organizations authorized by it.
In some cases, the seller may be the primary consumer, who transfers the energy received to a third party (sub-subscriber) in agreement with the energy supply company.
From the side of the buyer, both a citizen and a legal entity can act (including a reseller).
Main condition
Agreement, the essence of which discloses Art. 539 of the Civil Code of the Russian Federation , contains a mandatory indication of the subject of the transaction. They are energy in one form or another and energy carriers. The latter should be understood as substances that release energy during their use. They, for example, are gas, steam, etc.
Price
The cost of the agreement is determined, as a rule, by tariffs established by the state. Payment rates may vary depending on the subject composition. Government regulations provide for indexation of tariffs taking into account inflation indicators.
Term
The contract is concluded for a specific period. Meanwhile, agreements in which legal entities participate, as a rule, contain an indication of the period, the duration of which is set by the parties.
Special provisions on deadlines are provided for in Article 540 of the Civil Code. Paragraphs 2 and 3 of the norm set forth the rules, the implementation of which is aimed at the uninterrupted supply of energy to subscribers. In particular, an agreement concluded for a certain period will be deemed extended for the same time if, prior to the expiration of the term, none of the participants declares its termination / amendment. If one of the parties proposes to conclude a new agreement, the previously executed document is valid until its official replacement.
Agreement form
An energy supply agreement with legal entities and citizens-entrepreneurs is always concluded in writing. This provision is taken into account when considering disputes under Art. 539 of the Civil Code of the Russian Federation. Judicial practice regarding recognition of the invalidity of the transaction is quite clear. Courts rely on the rules governing the written form of the contract. For energy supply agreements, it is mandatory. Accordingly, in case of non-compliance, the transaction is recognized as invalid.
If the consumer is an individual who does not have IP status, the agreement will be considered concluded at the time of the initial actual connection of the subscriber's equipment to the network in accordance with the established rules.
Seller Responsibilities
As art. 539 of the Civil Code of the Russian Federation , the supplying enterprise must supply energy. Deliveries must be made in a certain quantity, according to the agreed regime. Energy must comply with established quality indicators.
Volume of consumption
Article 541 of the Civil Code stipulates that the amount of energy is considered an essential condition of the contract in the case when a citizen-entrepreneur or legal entity acts as a subscriber.
Actual consumption is typically less than the maximum agreed upon. It is determined by the testimony of the meter (meter). Typically, the contract provides for the ability of the subscriber to change the amount of energy consumed unilaterally with reimbursement of the supplying company for additional costs.
An individual consuming energy for domestic purposes can receive any necessary amount. When concluding an agreement with the supplying organization, the condition on the volume of consumption is not considered essential. At the same time, the supply of less energy indicates either an interruption in supply (violation of the regime) or a decrease in quality.
Feed mode
It, as well as the quality and volume of energy, is established by agreement of the parties. Energy supply should be provided through the continuous supply of energy to the consumer. The contract, however, may establish interruption and limitation conditions. In addition, interruption, termination, restriction of supply by the supplying company unilaterally may be associated with the elimination or prevention of accidents.
If the violation of the regime was unlawful, liability measures established by law are applied to the supplier.
Energy quality
It must comply with the standards established in state standards and other legal acts.
The agreement may provide for individual quality indicators. For example, the parties may stipulate the temperature of the water, the voltage of the electric power, the gas pressure, etc.
In case of violation of the terms of energy quality by the supplying company, the subscriber has the right to refuse to pay for the supply. Moreover, he can recover losses from the enterprise (real damage).
If the consumer used low-quality energy, the energy-saving company has the right to demand compensation from him in the manner prescribed for unjustified enrichment (Article 1105 of the Civil Code, clause 2).
Subscriber Responsibilities
These include:
- Ensuring the safe use of energy.
- Compliance with consumption.
- Payment of received energy.
- Notification of an energy-saving enterprise of violations identified during the use of energy.
Consumption safety
To ensure this, it is necessary to maintain in good technical condition the elements of the connected network that are managed by the subscriber. This rule applies to legal entities and citizens-entrepreneurs.
Consumers who do not have IP status and use energy for domestic purposes must comply with the safety rules (safety measures), maintain devices and appliances (electric and gas stoves, taps, wiring in rooms, etc.) in good condition.
Compliance
A certain consumption mode is established, first of all, to ensure the protection of the interests of other subscribers. For example, energy consumption by some consumers (especially during peak loads of the system) can affect the supply volumes to other subscribers. In addition, violation of the established regime may adversely affect the quality of energy.