Institute of State and Law

Legal regulation of energy in Russia in the context of globalization

Russia is actively involved in globalization, including in the energy sector. The development of the correct political doctrine in global energy issues does not negate the need for high-quality legal regulation of internal energy markets. The role of legal regulation in this process seems to be key.

In the field of energy, there is an objective interaction of all levels of legal regulation: international public law, international private law and national Russian law. The interaction of international law with the internal (national) law of states and the interaction of different national legal systems with each other is the subject of increasing attention in Russian legal science. And this is justified, since globalization in legal sphere represents one of the main trends in the development of law in the XXI century.

1 ... Preconditions for the internationalization of legal regulation in the energy sector

One of the main prerequisites for the internationalization of legal regulation is economic globalization, which also affects the energy sector. V modern period the process of creating common (international) markets for gas, oil products, and electricity is gaining momentum. This became possible due to large-scale reforms in the energy sector, which have been actively carried out around the world since the end of the 20th century. The reason for the energy reforms is the problems associated with the lack of full-fledged competition in these sectors, which led to a lack of investment in fixed assets, a shortage of energy resources, a loss of energy supply reliability, etc. investment.

The process of creating markets in the energy sector is accompanied. deregulation (Deregulation), that is, reducing the degree of government regulation and the introduction of market mechanisms. Effective market competition reduces the need for external regulation, mainly due to the fact that it relies on a self-regulatory mechanism that eliminates excess revenue generation. Competition forces firms to reduce costs and stimulates innovation and development.

Meanwhile, the processes of liberalization and deregulation of energy markets are going different countries uneven. As noted in the European Strategy for Sustainable, Competitive and Safe Energy (2006), Europe has not yet established fully competitive internal energy markets. According to the European Strategy, to achieve this goal, an effective legislative and regulatory framework should be developed, adopted and applied in practice. . Acting consistently in this direction, the EU is actively pursuing a policy of unification of legal regulation in the energy sector in order to create national competitive markets and their integration into a single European energy system. In 2003, new EU directives on energy supply (2003/54 / EC) and gas supply (2003/55 / ​​EC) were adopted, creating a common format for the liberalization of the respective markets for the 25 EU member states.

In 2007, a new package of amendments and changes to the EU directives on electricity and gas was published. The general meaning of the amendments is to strengthen the requirements for the quality of competition in the European electricity and gas markets. A press release from the European Commission notes that the projects are designed to guarantee free access for consumers to gas and electricity markets and contain a ban on simultaneous control over the production and production of gas (electricity) and their transportation. The current EU directives on gas and electricity, adopted in 2003, only require the separation of transportation and production between different legal entities
but they can be part of an integrated company. If the new directives are adopted, the largest European energy companies - for example, the German E. ON and the French EDF - will be fragmented, and the path to expansion in Europe will be closed for Gazprom.

In addition to the directives, the EU Commission in the city initiated a discussion of a new format for regulating infrastructure industries as services of “general economic importance” based on the principles of accessibility, quality, reliability, safety (“Green Paper on Services of General Importance”). The list of such services includes: gas and electricity supply, water supply, public transport, telecommunications services, waste collection and disposal.

Thus, the European Community is seriously concerned about the quality of regulation of infrastructure sectors that have been liberalized. The EU countries did not rely solely on market forces, but are taking adequate measures to improve the efficiency of state regulation by creating a new universal concept for the EU countries to create a unified legal regime for regulating electricity and gas markets.

We believe that taking into account these global processes of unification of legal regulation in the energy sector is relevant for Russia in order to improve the national model of regulation of energy industries.

2. International integrationin the energy sector

Another factor influencing the legal regulation of the energy sector in Russia is the international integration processes in the energy sector. Among the most global integration processes, the union of states within the framework of the World Trade Organization (WTO) should be named. A feature of the WTO legal system is that the obligations assumed by its participants do not require special consolidation in national legal systems. However, the need to implement obligations under the WTO makes it necessary to create appropriate institutions and procedures in national legal systems. Thus, if Russia joins this an international organization, our legal system will somehow "adjust" to the norms of "WTO law", including in the energy sector. In the economic literature, a well-grounded opinion is expressed that the problem of Russia's accession to the WTO is largely legal and requires a reform of legal regulation, including the harmonization of national and international law.

In the modern period, there are a number of "authoritative" international agreements in the energy sector. The best known is the 1991 Energy Charter Treaty (ECT). Russia is not a party to this agreement, although in recent years it has been under political pressure to ratify it. In Europe, there are more and more calls for Russia to ratify the Energy Charter Treaty, of which 51 countries in Europe and Asia are members. The ECT and the Transit Protocol to it oblige the participating countries to provide free access to the national pipeline system and transport energy resources belonging to third countries at an internal transit tariff. At the same time, European pipelines were prudently removed from the Transit Protocol. Thus, Russia's participation in the ECT would lead to a limitation of its national sovereignty in the energy sector and to one-sided loss of profits for national energy companies.

The foregoing testifies to the fact that entry into international agreements on energy issues should be carried out taking into account national imperatives and consequences for the Russian economy. The main question is whether Russia will be able to defend its own national interests in the international energy distribution system.

3. The process of internationalization of legal regulation of the Russian energy sector

Changes in modern international law lead to the internationalization of national legislation and to a closer connection between national legal and international legal regulation. The main methods of internationalization of law in the legal literature are called reception, harmonization and unification of law.

In Russia, the process of internationalization of energy legislation is slow and uneven across different sectors. At the moment, one can speak with confidence only about the reception by Russian legislation of certain provisions from foreign legal systems. As for the harmonization and unification of law, these processes of internationalization of legal regulation are developing less actively. One of the possible reasons for the slow internationalization of Russian law is that at the moment Russia is not a party to international agreements in the energy field, which could have a significant impact on the Russian legal system.

In the future, the new EU energy legislation and the experience of developed countries in liberalizing energy markets may have a positive impact on the development of the domestic legal system. The experience of reforming and regulating energy markets in Europe is very valuable for Russia, where reforms in the energy sectors began much later.

In the field of electricity in the EU countries, since July 1, 2004, regulation is carried out in accordance with the European Commission Directive on Electricity 2003/54 / EC, which contains a set of important regulations based on the concept of public service. So, according to the specified Directive, the regulation of the electric power industry is carried out on the following principles of public (universal) service: safety and security of supply; standard quality; affordability of the price; environmental protection, etc. A similar Directive 2003/55 / ​​EC is devoted to the regulation of the gas market.

Another European Commission Directive 2005/89 / EC deals with measures to ensure the security of electricity supply and investment in infrastructure. In particular, this directive obliges member states to take measures aimed at ensuring a high level of security and reliability of electricity supply. Among these measures, in addition to a sufficient legal framework, in particular, are provided: availability of an adequate level of capacity to ensure a balance between supply and demand for electricity; a sufficient level of investment in the development of infrastructure that provides energy transport, etc.

One of the main principles put forward in the EU is effective consumer protection as the main condition for the functioning market economy... And this is understandable - reforms carried out without social (compensatory) and legal (protective) mechanisms will inevitably lead to a decrease in the quality of life. In accordance with these directives, all EU consumers, including households, from July 1, 2007, have the opportunity to purchase electricity and gas from any supplier. This indicates a fairly high level of competition in the European energy markets.

The process of unification of legal regulation in the EU countries is relevant for Russia in order to improve the national model of regulation of energy industries.

Experts note the convergence of the systems of regulation of the markets of the EU and CIS countries in the field of electricity. Thus, comparative studies show that there is a clear trend towards convergence in the regulation of electricity markets in these countries. Naturally, we are talking about the unilateral impact of a more advanced European model of regulation on the emerging markets of Russia and other CIS countries. The convergence of regulatory models is observed in such parameters as the creation of independent regulatory bodies; separation of network activities from the production and sale of electricity; the emergence of wholesale electricity markets; delegation of part of the work on the market to service companies. Although the market rules and legislation of the EU and CIS countries are not comparable at the moment, in general, experts recognize that the reforms are closing the gap between the EU and CIS markets.

It is obvious that the process of internationalization of Russian legislation in the energy sector is inevitable, which presupposes serious scientific and rule-making work in the future.

4 ... Energy security doctrine and its legal significance

The emergence of the energy security doctrine is associated with the energy dialogue between Russia and the European Union. Energy security became the main topic on the agenda of the meeting of the leaders of eight industrialized countries (G8) in St. Petersburg in 2006, which confirms its important international importance.

Currently, there is no single definition of the concept of international energy security, which allows its different interpretation. Differences in international and national understanding of energy security should be noted. In the international sense, energy security is understood as the reliability of energy supplies for developed countries. Such a concept is more a tool of political pressure on energy exporting countries than a legal instrument that ensures the principles of interaction between suppliers and consumers of the energy market. Energy security in this sense embodies the unilateral concept of ensuring the interests of Western countries in the energy sector. In Europe, cartels are formed on the side of gas consumers, which effectively oppose the economic policies of disparate gas suppliers. Political pressure is being created on Russia on energy policy issues.

We believe that it is important for Russia to create a more balanced national and international concept of "energy security" that takes into account the multifaceted interests of suppliers and consumers of energy resources. The national approach to energy security is expressed in domestic legislation. Russian energy policy is formally defined in the Energy Strategy of Russia for the period up to 2020, approved by by the order of the Government of the Russian Federation of 01.01.01. the said document the foundations of the state policy in the field of energy are formulated. The Energy Strategy contains a section on energy security, which is defined as the state of protection of the country, its citizens, society, and the economy from threats to reliable fuel and energy supply. Thus, the basis of energy security in our understanding is the reliability of supplying the country's consumers with energy resources.

The energy security doctrine currently does not have an explicit legal content and, rather, is a political doctrine formed both nationally and internationally.

Together, the emergence of this doctrine aroused interest in its research in Russian legal science. So, defining the boundaries of the legal concept of energy security, he notes that this concept arises as a product of the interaction of politics, law and economics, but in the interests of research, its consideration can be limited by legal factors.

We believe that there is every reason for identifying the legal aspects of energy security and their further development in legal science. At the same time, one should agree with the opinion that a purely legal approach to ensuring energy security is doomed to failure.

5. Directions of modernization of legal regulation of the Russian energy sector in the context of globalization

In Russia, the peculiarities of the evolution of national energy regulation are that each of the energy sectors is in a different economic state. This circumstance, as well as the presence of industry specifics, are responsible for significant differences in their legal regulation.

Electricity reforms

Currently, more than a hundred countries around the world are carrying out reforms in the electricity sector. Russia began reforms in the energy sector later than many industrialized countries. For example, member countries of the International Energy Agency (IEA) began opening up electricity markets to competition in the early 1990s. Some of them did not introduce full-scale competition in all market sectors and limited themselves to establishing competition in the wholesale markets. Large energy producers began to sell electricity directly and freely to large (energy-intensive) buyers. However, most countries have established full competition regardless of the size of producers and consumers. After several years of reforms, 2/3 of the IEA member countries have seen sustainable market growth as a result.

Russia began to reform the electric power industry in 2003, when legislative acts aimed at market transformations in this sector of the economy were adopted (Federal Law “On the Electric Power Industry” dated 01.01.01, No. 35-FZ, etc.). It is assumed that the reform will help bring the industry out of the crisis, and free the country's economy from infrastructural restrictions on growth, as mentioned in the President's Address to the Federal Assembly in 2007.

In a relatively short period of time, new Russian electricity legislation was created. In pursuance of the laws, the Government of the Russian Federation adopted more than 20 regulations governing relations in the competitive electricity market. Wholesale market rules electrical energy(power) of the transition period, approved. Decree of the Government of the Russian Federation of 01.01.01, No. 000 determined the pace of gradual opening of the market for competition, according to which, since 2011, electric energy in in full will be sold at free prices.

In the course of the reform, there is a fundamental change in the subject composition of the industry. First of all, we are talking about the emergence of new market entities: the Commercial Operator, the System Operator, the Federal Grid Company, wholesale generating companies, territorial generating companies, distribution grid companies, etc. activities (electricity transmission and operational dispatch control) with potentially competitive (production and sales). New amendments to the legislation on the electric power industry have precisely determined the end date for the transitional period of reform - July 1, 2008. After this date, the RAO UES of Russia holding, which unites about 80 percent of the companies in the industry, ceases to exist. Accordingly, there will be a decentralization of the management of the industry. Therefore, in the course of the reform, the vertical integration of business should be replaced by horizontal integration, the main instrument of which will be the commercial infrastructure of the market and the system of contracts. In this regard, there are certain risks of this reform.

In terms of structural transformations, the Russian reform reproduces universal principles and global trends: separation of natural monopoly types of activity from potentially competitive types; privatization of property in the electricity generation and marketing sectors; creating a competitive wholesale market. But at the level of creating market mechanisms Russian model the market is unique and does not contain a direct analogy and explicit reception with any foreign market model.

At present, the Russian reform of the electric power industry is at the stage of the completion of the transition period, when the structural reforms are practically completed, but the mechanisms of the competitive market have not yet been fully launched. Adaptation of new institutions to market conditions is in progress: construction of commercial infrastructure; creation of new rules for the operation of the industry in market conditions.

In other sectors of the Russian energy sector, the quality of legal regulation and readiness for reforms differ significantly.

Gas supply reforms

In the field of gas supply, a decision on market reform has not yet been made, and discussions are underway in the society on this topic. The legislation reflects non-market centralized regulation and high monopoly in this area, due to the presence of a large national gas supplier -. In this area, vertical integration continues (the transport infrastructure is not separated from the production and sale of gas), which does not allow creating full-fledged competition in the gas market. Gas suppliers independent of the Gazprom monopoly have problems with access to the pipeline system. In these conditions, the state regulates the final price of gas supplied to end consumers by administrative methods.

The basis of legal regulation of the gas industry is the Civil Code of the Russian Federation and special legislation: Federal Law of 01.01.01, No. 69-FZ "On Gas Supply in the Russian Federation", Federal Law of 01.01.01, "On Natural Monopolies". From the bylaws, it is necessary to highlight the Rules for the supply of gas to the Russian Federation, approved. Decree of the Government of the Russian Federation of February 5, 1998 No. 000.

Existing trends in the development of state regulation in this area consist in the creation of exchange trade in gas on the wholesale market and an increase in domestic gas prices in order to create parity price conditions between Russian and European consumers.

Reforms in the oil industry

The Russian oil industry is least regulated by law. In the Russian legal system there is not a single special law on this subject. The draft law "On Pipeline Transport" has been under consideration for several years in The State Duma RF.

Therefore, the main legal regulation is carried out at the level of general norms of civil law and the norms of public law branches and institutions (legislation on natural monopolies, on competition, on subsoil, customs legislation, price and environmental regulation, etc.).

The main transport infrastructure of the oil market is owned by a state-controlled company (OJSC Transneft), which currently has an almost 100 percent monopoly in the oil transportation services market.
by main oil pipelines
... The production and sale of oil is carried out by a variety of private and state-owned companies. Prices for oil and oil products on the market are free. Only prices for the transportation of oil through trunk pipelines are subject to state regulation in accordance with special technique approved by the Federal Energy Commission of Russia on July 10, 2002.

Existing trends in the development of state regulation in this area consist in the introduction of exchange trading in the wholesale market and the creation of free access to trunk pipelines for oil export. Thus, the Federal Antimonopoly Service of Russia has developed a draft resolution of the Government of the Russian Federation on the export of oil by main oil pipelines. The project envisages abandoning the existing system of export destinations "assigned" to oil companies and granting them the right of equal access to the pipeline system. A 2006 US Congressional Research Service report noted that the pipeline system operated by the Transneft monopoly lacks export capacity to pump oil. Therefore, it is not yet clear by what criteria equal access to the pipeline will be provided in the face of a shortage of pipeline capacities.

6. Search for a national model of energy regulation

We believe that in modern conditions, it becomes urgent for Russia to search for a national model for regulating energy industries, taking into account the ongoing globalization of relations in these areas. In this sense, it is important as own experience regulation and applicable international experience.

One of the deep methodological problems of creating a new national doctrine of regulation of energy (infrastructure) industries is to ensure the necessary balance of private and public interests in legal regulation.

It is important to determine the proper balance between administrative and civil legal regulation in this area. Side skew administrative regulation creates unjustified obstacles and barriers to market entry and competition. Ignoring the public component of regulation and switching exclusively to private legal methods of regulation does not allow to ensure the protection of common interests and can lead to abuse of private interests of the subjects of the energy market.

In world practice, there are several doctrines of public-private regulation of entities that provide infrastructure and public services to a wide range of consumers.

For example, in the Anglo-American legal system, this concept of regulation has existed for almost a century and is known as "public utility". In line with this doctrine, the following is regulated: electricity and gas supply, heat and water supply and other utilities; pipeline transport; public transport, public telephony, telegraph, etc. In these areas of regulation, special laws are in force. For example, in England the Utilities Act 2000. The United States has legislation on both federal level(Public Utilities Holding Act) and at the state level. For example, the very voluminous California Public Utilities Code contains tens of thousands of articles, including sections related to energy and gas supplies.

In European countries, a different doctrine of public-private regulation is used in relation to energy supply, gas supply and other infrastructure services, known as "public service". The concept of "public service" includes a whole set of public obligations of the entity providing such services in relation to consumers: availability, continuity, reliability, security, information openness, non-discrimination in the provision of services, etc.

The presence in foreign practice of private - public doctrines of regulation of socially important sectors of the economy is a confirmation that the energy supply sector cannot be regulated only in the plane of private law, since it objectively implies public (general) interests that require special legal mechanisms of regulation (protection) ...

It is obvious that Russia has not yet developed an understanding of the social and public role of energy as an infrastructure and life-supporting industry for the entire economy of the country. This was not fundamental in the previous model of regulation, since it was based on direct management of industries by the state, as the owner of the main energy assets. Therefore, public interests were taken into account through the mechanism of state property management and direct price regulation. In the course of market reforms, usually accompanied by the privatization of production and sales, as well as in conditions of free prices, these problems cease to be purely theoretical. It is necessary to understand that a significant increase in prices
for electricity can make it an inaccessible commodity for a part of the population, and freedom of contract in its pure form can lead to discrimination against consumers by the subjects of the electric power industry with market power. We believe. that the answers to these questions should be found in the course of the ongoing reforms, including taking into account the existing positive international experience.

7. Problems of legal regulation of the Russian energy sector in the context of globalization

The process of international globalization of energy makes it possible to look more critically at the state of legal regulation in Russia and to identify problems that hinder the development of efficient national energy.

Without going into the reasons for the slow movement towards market reforms in the gas industry and superficial regulation of the oil industry, let us note the most common problems and tasks of legal regulation of markets in the energy sector.

Restriction of competition and high monopoly

One can point out the following negative trends associated with the low quality of the competitive environment in the energy sector:

§ Creation of administrative barriers to market entry for independent suppliers of energy resources;

§ Discrimination and lack of free access to infrastructure (pipeline transport, energy networks);

§ No separation transport infrastructure from the supply of energy resources (in the gas industry);

§ Information non-transparency of costs and expenses of energy companies, entailing an unjustified rise in prices;

See: Art. 6 Federal law"On the features of the functioning of the electric power industry in transition period and on amending some legislative acts of the Russian Federation and recognizing as invalid some legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On the Electricity Industry" dated 01.01.01.

See: Federal Law of the Russian Federation of November 4, 2007 N 250-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Implementation of Measures to Reform the Unified Energy System of Russia"

The instruction to the Government of the Russian Federation to organize on the territory of Russia exchange trading in oil and gas was given by the President of the Russian Federation in the Address to the Federal Assembly of the Russian Federation in 2006.

Cm.: EU proposes to Russia to raise domestic gas prices / Lead. Ru, August 9, 2007

See: FAS plans to provide Russian oilmen with equal access to the export pipe // NIK. 12.03.2007.

See: Russian Oil and Gas Challenges / U. S. Congressional Research Service (available at: www.opencrs.cdt. Org).

See: Commission website utilities California State http: // www. cpuc. ca. gov /

See: FAS requires large oil companies to ensure competition in the market for the sale of petroleum products // Business Journal. November 19, 2007

See: Yakovlev: economics, civil law (theory and practice). M. 2000.S. 177-178.

See: paragraph 243 of the Report of the OECD Special Group on Regulatory Policy “Regulatory Reform in Russia - Establishing Market Rules”, March 14-15, 2005.

CIVIL LEGAL REGULATION OF THE USE OF RENEWABLE ENERGY SOURCES

This article is devoted to the legal regulation of the use of renewable energy sources. To consider such issues, it is necessary to understand the clear definition of this concept, as well as to consider the specifics of public-private partnership in the studied area.

Keywords : civil law, renewable energy, energy, public-private partnership

This article deals with civil regulation of using renewable energy sources. To deal with such items we need to understand a clear definition of this concept and to consider the specifics of Public-Private Partnership in such claims

Keywords : civil law, renewable energy sources, energy sector, public-private partnership

Public relations in the field of production, transmission and consumption of energy generated by generating devices using renewable energy sources, as an object of civil regulation, has its own characteristics, which determine the specificity of their legal regulation. Speaking about renewable energy sources, further in this article, we will proceed from their understanding as continuously renewable types of energy in the Earth's biosphere - solar, wind, oceanic energy, geothermal sources, tidal energy, river hydropower, biomass energy, etc.

In general, in recent decades, the problem of expanding the use of renewable energy sources (hereinafter - RES) for energy supply of various agricultural and industrial facilities more and more attention is being paid. The relevance and prospects of this segment of energy development is due to the following two main factors: a catastrophically difficult state of the environment and the need to search for new types of energy, since traditional fuel and energy resources (coal, oil, gas, etc.) soon deplete. At present, the cost of obtaining energy from alternative energy sources is still much higher than from traditional raw materials. However, with the depletion and availability of extraction of reserves of traditional energy sources, the difference will gradually decrease. In some countries, including Russia, in areas remote from the bases of the main energy carriers and in hard-to-reach and sparsely populated areas, the use of alternative energy sources is already justified today.

However, up to the present time in Russia about alternative energy and the need for its development is still being written more than anything is being done for it. Periodically published government programs and reviews contain acknowledgments of well-known facts about the presence of very modest results in this area, rather than specific algorithms of actions, and even more so, examples of the successful implementation of previously developed and approved projects. At the same time, the Krasnodar Territory in Russia is an ideal platform for the implementation of projects in the field of alternative energy. However, the share of "green" energy obtained with the use of renewable energy sources in the total balance still does not reach 2 percent. So far, neither the regional law "On energy saving", adopted by the Legislative Assembly of the Krasnodar region in the summer of 2001, or three target programs designed for four, five, and then ten years of implementation and supported by billions of dollars in budgets, have not been able to correct the situation. As reported in the target program "Energy Saving and Energy Efficiency Improvement of the Krasnodar Territory for the Period of 2011-2020", due to the realization of the full potential of using alternative sources in the region, up to 2,200 MW of heat and 1,300 MW of electric energy can be obtained instead of the volumes obtained from traditional hydrocarbons.

Therefore, one of the most important goals of the legal regulation of relations in the field of energy supply using renewable energy sources is the guaranteed smooth and uninterrupted operation of generating facilities operating in the mode of using renewable energy sources. Success in achieving this goal depends on the solution of a number of problems, including those of a civil law nature. In recent years, a number of regulations have been adopted, which are designed to give a certain order in the field of energy supply using renewable energy sources. However, it is still premature to talk about the existence of a certain system of legal sources in this area as a structural-hierarchical legal entity. Moreover, many of the adopted regulations contain significant disadvantages juridical, technical and conceptual nature, far from fully take into account the experience already accumulated in foreign legal order. It seems that the adoption of a special federal law can eliminate the existing problems in the legal regulation of alternative energy in Russia.

At the same time, the successful development of energy in the field of renewable energy sources is impossible without the development of new legal models that are adequate to the nature and nature of emerging social economic relations, globalization and integration of the world economic community. In modern conditions, when in Russia hydrocarbon raw materials are the main source of generated electric and thermal energy, gas and oil monopolists do not show much interest in the development of energy supply using renewable energy sources. In addition, the development of this process is hampered by the economic difficulties of the transition period of the development of the Russian economy, the lack of free investment resources, as well as the lack of scientifically substantiated concepts of building new relations in the field of energy supply using renewable energy sources. As a result, to date, a number of issues related to energy supply using renewable energy sources are not regulated at the legislative level.

Legal regulation of relations arising from the development of the energy complex should be based on the unification of the principles of energy, urban planning, environmental, land and environmental law. Particular attention should be paid to ensuring environmental and energy safety in the implementation of uninterrupted supply of electricity to consumers and meeting their needs in full with energy of appropriate quality. It follows from this that the task of a comprehensive study of the problems of unity and differentiation of legal regulation of property relations in the field of production, transmission and consumption of energy generated using generating facilities operating in the mode of using renewable energy sources is relevant for the science of civil law, as well as the development of ways further improvement of civil legislation.

It is necessary to competently and fully take into account all the numerous positive effects from the introduction of renewable energy in the development of regulatory framework in this domain. At the initial stage of the active development of RES, one should first of all pay significant attention to finding a balance between private and public interests in the area under study. The situation is complicated by the fact that at present the concept of the ratio of private and public interests, unfortunately, has not received due elaboration in civil legislation, although it is precisely the desire to balance such interests that should serve as a prerequisite for its reform. In general, the ratio of public and private interests is of fundamental importance for law. At the same time, the search and formal objectification in the norms of civil law of public interests corresponding to the objective interests of society in the field of property turnover of RES has special meaning, since otherwise the balance of various interests in society will be upset. At the same time, the absence in civil legislation and judicial practice of any rules for determining the optimal balance of private and public interests emphasizes the complexity and multidimensionality of the issue under study and actualizes the scientific search for ways to solve this problem.

Thus, modern legal regulation public relations in the field of energy using renewable energy sources can and should reflect both private and public interests. As G.I. Ivanets: "interest is an essential feature, a substance of law. Law is a normative expression of agreed (common) interests."

At the same time, despite all the similarities and differences between private and public interests, it should be noted that the border between the spheres of private and public interests is mobile and is determined by the legislator. Thus, to ensure an effective concept of legal regulation of renewable energy sources, it is necessary to determine these limits along with the formation of interests through private and public legal methods of legal regulation, which is the essence of the problem of combining (ensuring a balance) of public and private interests.

The coexistence of private and public interests requires the establishment of their boundaries in order, on the one hand, to satisfy the private property interests of subjects of public relations associated with renewable energy sources, and on the other, to form the preconditions for the rational use of renewable energy resources of society. Within this framework, one of the urgent tasks of the science of civil law is the problem of determining limits lawful restriction of private and public interests, as well as criteria for resolving their competition in the field of energy supply using renewable energy sources. Thus, the question of the nature of the limits of specific interest in the use of renewable energy sources is of great theoretical and practical importance.

The investigated limits are formed as a result of the interaction of multidirectional interests with external phenomena of social reality (objective factor), as well as the activities of private and public subjects of civil law in accordance with the goals and objectives of Russia's energy policy (subjective factor). The unity of the objective and the subjective is manifested in the awareness by all subjects of the economic and environmental prospects associated with the production of energy from alternative sources, the emergence of a corresponding interest in their implementation and actions for its implementation, focusing at the same time on achieving a socially useful goal - the energy security of the state. At the same time, due to the dialectic of stability and variability of social property relations, as well as under the influence of risk factors in entrepreneurial activity related to the renewable energy market, it should be noted that the named limits of private and public interests are very conditional and flexible.

With regard to the problems of our research, the following classification of limits can be proposed:

• 1) general social (moral, economic, social, etc.);
• 2) special legal (legal).

The subject's interest is formed under the influence of the socio-economic conditions of society, its cultural and legal traditions. Legal consciousness plays the role of the most important criterion in the formation of private interest, since it provides the subject's perception of legal reality, its value assessment and regulation of behavior in accordance with the knowledge gained and formed ideas. However, we are talking not only about the need to understand humanistic, ideological and moral attitudes, but also about the fact that initially, thanks to legal consciousness, the subject of law is able to comprehend the nature of the phenomenon of interest and the essence of private or public interest in law.

The moral and legal limits of the formation of the interest of the subject of law can be attributed to such categories as "justice", "honesty", "rationality".

Justice as a moral and legal limit of interest is manifested in the independence, objectivity, impartiality of the subject of the legal relationship and acts as a guarantee of ensuring the implementation of subjective civil law to the extent that is proportional to the nature and degree of the corresponding private or public interest.

Conscientiousness in the objective sense is expressed in the need to match interest to such social and moral guidelines, which are based on ideas about good and evil, honesty, truthfulness, conscientiousness, awareness of one's own duty; correlation of their own behavior with the requirements of legal norms. Certain civil law norms use the concept of good faith as a movable framework for possible or appropriate behavior, creating civil rights and obligations for subjects, which are based on a certain interest. we consider it wrong to extend the principle of good faith only to certain institutions of civil law. As A.A. rightly notes. Didenko, “the operation of the principle of good faith is enshrined not only in paragraph 3 of article 10 of the Civil Code of the Russian Federation, but also in other articles of the Civil Code of the Russian Federation and in an extensive list of legislative acts. may act in bad faith. As a requirement for the behavior of a person, good faith should be of a general nature and, accordingly, be enshrined as the basic principle of civil legislation. "

The objective value of rationality presupposes reasonable, conscientious, fair actions of subjects of a particular interest, which are expressed in correlating their ideas about rationality with the position of an average conscientious subject of law, taking into account the combination of multidirectional interests of the subjects of a particular legal relationship, and also to act in accordance with the knowledge gained and the identified relationships.

The most important characteristic of special legal limits is their instrumental value, since their implementation occurs with the help of a system legal means, setting the general direction of the legal regulation mechanism, energy supply relations with the use of renewable energy sources. With regard to the achievement of a socially significant goal - ensuring energy security, the essence of such regulation is to maximally orient the subjects of private interest to the reasonable correspondence of their interests to the achievement of public-legal goals and objectives, as well as to prevent possible abuses on their part aimed at implementing exclusively private interests.

It seems that it is the specific legal means of achieving a balance of interests of various subjects of law, enshrined in civil law, that really make it possible to realize an interest in law as such. For interest in law exists only in connection with the means of achieving it. It is in the means of its realization that this or that interest receives its certainty and concreteness. Therefore, the definition of specific private law and public interests in the field of energy using renewable energy sources implies the discovery of a specific means of implementation. power supply legal relationship public state

In general, the term "legal means" itself is purely theoretical and at the moment is not enshrined at the legislative level, therefore it seems appropriate for the purposes of this study to understand legal means as a set of regulatory provisions, institutions, techniques and activities of subjects of law, which leads to legally significant consequences, satisfying socially useful and private law interests. Such legal means are permissions, prohibitions, obligations, restrictions, organizational and general legal principles, etc.

- these are the normatively established and civil law boundaries that determine the measure of public or private law interest of the subject of a legal relationship, by fixing dispositive rules of behavior, or by formulating peremptory legal norms and legal restrictions... Thus, the private-law interest of legal entities in the field of renewable energy is expressed mainly in dispositive norms(permissions), while public interest is represented by peremptory norms (positive obligations and prohibitions). At the same time, the legislator has secured private interest as the most important value, which has an independent character and is protected by civil legislation, the implementation of which is also carried out using public law methods and means.

Positive commitments (prescriptions) are fixed strictly certain behavior... The main legal feature of this method is the imposition of duties of active content, that is, to act as prescribed by the rule of law.

Prohibition is the imposition on individuals of the obligation to refrain from actions of a certain kind that create certain boundaries of freedom, preventing unwanted consequences in society. Prohibitions are designed to consolidate established social relations, to strengthen and protect them. For example, the general mandatory requirements of civil law: not to abuse the right; observe the foundations of law and order and morality; not engage in activities that pose a threat of harm to others. They are expressed in specific obligations, and like any other legal obligation are characterized by imperative and categorical... At the same time, a feature of prohibitions is not just a duty, but a duty of passive content - the inaction of persons on a particular range of issues, refraining from performing the prescribed actions.

Thus, the binding norms of law are aimed at satisfying the interests of the one in whose favor the obligation is established, prohibiting - in whose favor the ban is established, those entitled - to whom the right is granted.

Sometimes in the theory of law there is a fourth way of legal regulation - legal limitation... At the same time, it should be emphasized that in jurisprudence there are different approaches to understanding the essence and role of legal restrictions, which is largely due to the complex nature of this category.

V.P. Kamyshansky, in particular, insists on the delineation of these terms. In his opinion, "a ban can be understood as such a method of legal regulation that allows undesirable, unfair, unreasonable social relations to be pushed out of the legal field." At the same time, he draws attention to the fact that the restriction of the right cannot be considered as a legal phenomenon close to a ban. "Since, limiting the rights of a particular subject, we are not talking about cutting or reducing his powers unilaterally and excluding them from the legal space. The question is about difficulties in the exercise of some of the rights and their redistribution to other subjects." Thus, V.P. Kamyshansky differentiates between the concepts of limitation of rights and legal limitations.

Thus, with the help of a system of legal means and legal restrictions, the effective formation of the limits of the private and public interest of subjects of law is ensured, as well as their illegal behavior is prevented and socially useful goals are achieved. The concepts of "limit" and "limitation" with obvious similarity in the legal sphere reveal their specificity. Legal restriction for the purpose of determining the boundaries of the ratio of multidirectional interests should be considered as a narrowing of the range of opportunities for the subject to exercise the right of his interest. At the same time, in the mechanism of legal limitation of the interest of the subject of law, regulatory and protective, simple and complex, regulatory and law enforcement and other legal means are interconnected.

As the main types of restrictions that ensure the implementation of public interest in the field of renewable energy sources, the following requirements of civil legislation can be singled out, narrowing the scope of private interest. Proceeding from the fact that the main goal of establishing restrictions on private interest in the field of energy supply using renewable energy sources in a generalized form can be called the protection of the energy security of the state, it is legitimate to distinguish the restrictions depending on the following circumstances: 1) subjects of ownership of renewable energy sources; 2) the duration of the restrictions; 3) the purpose of establishing restrictions; 4) the content of the restrictions; 5) type of renewable energy sources. For example, on how the achievement of a set goal is ensured, restrictions can act in the form of liability, as compensation for the consequences of such violations and as ensuring the stability of the existing order, i.e. as a preventive measure.

The mechanism of legal limitation of public interest is understood as a normatively defined system of interrelated legal means aimed at ensuring the effectiveness of the state's energy policy in the field of renewable energy sources, preventing abuse and illegal acts by public authorities. The specificity of the legal restriction of public interest is reflected in the legal status of public law entities and public authorities, in the content of legal relations with their participation, etc.

It seems that public law regulation and peremptory norms of law are objectively necessary to ensure a balance of different interests. Thus, it is worth agreeing with the conclusion of V.A. Bagel that "the use of public law measures restricting the corporate or private interests of some subjects guarantees the private interests of others." As a result, a specific interest ceases to be exclusively public or private and is reflected in the specifics of the relevant legal norms, imperative (binding or prohibiting) and dispositive.

We propose the following classification legal means of public regulation public relations, in the field of the use of renewable energy sources, differing in the nature of the impact and the degree of independence provided to subjects of private interest.

The first should include imperative methods regulatory regulation:

• - the introduction of general rules-prohibitions (abuse of the right, a ban on monopolistic activity etc.);
• - setting limits property rights for power facilities using renewable energy sources;
• - restriction of freedom of contract - mandatory rules governing property relations related to the contract, the content of the contract, its conclusion (public contract for the provision of services for the transmission of electrical energy and the power supply contract concluded by the supplier of last resort)
• - restrictions on entrepreneurial activities not related to the generation of energy from the use of renewable energy sources;
• - measures aimed at promoting public order in the RES product market - protecting energy producers from renewable energy sources from unfair competition from organizations that have a dominant position in the production and use of energy;

The second group includes software and installation tools:

• - Russia's energy strategy;
• - targeted programs in the energy sector;
• - forecasting and programming the socio-economic development of alternative energy, including support for the development of the scientific and technical base for the production and use of renewable energy sources, the promotion of scientific and technological achievements in this area.

Scientific and technical support for the creation and implementation of installations for the use of renewable energy sources, as well as the development of the use of these energy sources, including the design, construction and operation of generating installations can be carried out within the framework of interstate, state, sectoral, regional and applied research programs, innovative projects and projects to carry out scientific research, experimental design and experimental technological work, the financing of which is carried out in accordance with the procedure established by law.

The third group includes legalizing means: licensing; accreditation; certification, including the availability of a certificate of conformity for the sold energy obtained from renewable energy sources;

The fourth group includes methods of normative and quantitative measurement: standards; quotas; prices; tariffs; standards; limits, including the definition of rules for the flow of energy produced from renewable energy sources into energy systems and its sale to consumers; sale of energy on a contractual or competitive basis at regulated tariffs.

The fifth group includes methods of state support for activities and incentive measures. These measures are based on an incentive method of regulation, which allows you to encourage business entities to perform useful actions by creating their interest in obtaining additional benefits. In particular, such legal means may be: loans, benefits, deferrals, grants, subsidies, and other incentives.

Governmental support The use of renewable energy sources is carried out in order to create favorable conditions for the production of electrical and (or) thermal energy using alternative energy sources to reduce the energy intensity of the economy and the impact of the energy production sector on the environment and to increase the share of renewable energy sources in the production of electrical and (or) thermal energy.

State support for the use of renewable energy sources should include:

• - stimulation of investment activity and the introduction of the latest technologies in the use of renewable energy sources, including the creation of favorable conditions for national and foreign investors;
• - formation of an effective pricing policy for energy produced from renewable energy sources, stimulating their production and purchase;
• - recognition of the use of renewable energy sources as environmental and (or) energy-saving activities with the establishment of appropriate benefits for legal and individuals carrying out activities in the field of the use of renewable energy sources;
• - provision, according to the amount of financing and production capacity, to legal entities and individual entrepreneurs engaged in the production of energy from renewable energy sources of tax incentives;
• - regulation of energy tariffs for energy supply to consumers obtained from the operation of installations for the use of renewable energy sources, including through subsidies (subsidies) from budgetary sources established by legislation for the production of such energy;
• - the establishment of accelerated depreciation of generating plants for the use of renewable energy sources;
• - ensuring unhindered access of individuals and legal entities using RES for their own energy supply to the resources of these energy sources by simplifying the procedure for transferring rights to use the necessary natural and other resources;
• - guaranteed connection of energy producers from renewable energy sources to energy networks;
• - support of scientific and technical support for the creation and implementation of installations for the use of renewable energy sources.

Partial implementation of the above directions was the approval by the Government of the Russian Federation of measures to stimulate the use of renewable energy sources with a deadline for their implementation in 1-2 quarters of 2013. These measures include:

• - methods of differentiating the values ​​of target indicators for the volume of production and consumption of electrical energy for each type of renewable energy sources, as well as the introduction of additional indicative target indicators (installed capacity, production of electrical energy and others), characterizing the achievement of established goals;
• - amendments to the regulatory rules on generating facilities based on the use of renewable energy sources; improvement of the procedure for including in the layout of generating facilities of the electric power industry facilities of the electric power industry based on the use of renewable energy sources;
• - guidelines for the calculation of prices (tariffs) or limit levels of prices (tariffs) for electric power produced at power facilities using renewable energy sources in order to compensate for losses in power grids;
• - development of the Rules for the issuance, circulation and redemption of certificates confirming the volume of electricity production based on renewable energy sources;
• - support for the use of domestic equipment in the construction of generating facilities operating on the basis of the use of renewable energy sources.

The sixth group consists of control and accounting methods: ensuring accounting, supervision and control, including confirmation of the origin of energy from renewable energy sources.

It seems that the efficiency of using public legal means of regulating energy supply relations with the use of RES is achieved taking into account the following conditions:

• 1) the specifics of certain RES facilities.
• 2) economic analysis of assessing the effectiveness of renewable energy sources;
• 3) the application of regulation methods, taking into account the nature of sectors of the economy and organizations belonging to different forms of ownership that use renewable energy sources. So, for state-owned enterprises, the methods of the sixth group will be more stringent, for commercial legal entities - the methods of the fourth group, at the same time for all subjects of property relations the methods of the first and second groups are applicable;
• 4) functional coordination of methods of public and private law regulation.

In conclusion, it should be noted that improving the mechanism for correlating private and public interests in the field of energy supply using renewable energy sources is possible only with a multidimensional approach to resolving this problem. This approach includes the corresponding main directions of public law regulation of the investigated energy sector; private law regulation, including entrepreneurial activity, mediated by various civil law relations of business entities and public law relations, an independent type of entrepreneurial activity of certain business entities, as part of a public-private partnership in the field of electricity.

One of the conceptual ideas of this article is the recognition that the study of the nature, content and limits of the category of "interest" at the junction of philosophical-legal and theoretical-legal approaches from a methodological standpoint will most accurately reflect the understanding of this phenomenon in law. Only by using an integrated methodology can we give the necessary scale to applied research and bring theoretical knowledge to a qualitatively new methodological level. In general, the categorical analysis of the general scientific phenomenon of "interest" allows us to conclude that:

• a) dialectical methodology opens up new possibilities for the meaningful development of the theory of interest in civil law;
• b) gives a real opportunity to consider the investigated concepts of "private" and "public" interest in the systemic dialectical relationship;
• c) actualizes the possibility of using these categories in order to study the search for a balance of different interests in the field of renewable energy sources.

It appears that public interest in the field of renewable energy is the public interest recognized by the state and secured by law in the efficient use of natural renewable energy resources, the satisfaction of which is a condition and guarantee of the state's energy security. Under private interests in the field of the use of RES, they understand the property interest of subjects of civil law, based on free autonomy of the individual, associated with the exercise of law private property and private enterprise.

The effectiveness of the use of private law and public law principles in the civil law regulation of the studied relations is determined by the optimal combination of permissible-dispositive and mandatory legal means. The specific goals of public law regulation of energy relations associated with the use of renewable energy sources determine the appropriate set of legal means for such regulation. Thus, the main goal of state regulation of energy supply using renewable energy sources is to create favorable conditions for the development of alternative energy and energy security of the state. The named goal predetermines that the priority forms of such regulation are economic and legal forms.

The limits of interests are formed under the influence of social, objective and subjective factors, the unity of which is manifested in the awareness of all subjects of the economic and environmental prospects associated with the production of energy from alternative sources, the emergence of a corresponding interest in their implementation and actions to implement it, focusing at the same time on achieving socially useful goals - energy security of the state. At the same time, due to the dialectic of stability and variability of public property relations, as well as under the influence of risk factors in entrepreneurial activity related to the renewable energy market, it should be noted that the named limits of private and public interests are very conditional and mobile.

Specifically legal limits- these are the normatively established and civil law boundaries that determine the measure of public or private law interest of the subject of a legal relationship, by fixing dispositive rules of behavior, or by formulating peremptory legal norms and legal restrictions. Their essential characteristic lies in the fact that they have a practical value, since their implementation takes place with the help of a system of legal means that set the general direction of the mechanism of legal regulation, energy supply relations with the use of renewable energy sources.

In applied terms, clarifying the limits of limiting interests in the use of renewable energy sources will serve, firstly, as an important criterion for assessing the effectiveness of the state, the entire political system, and methods of their functioning. Secondly, it will make it possible to identify the directions of the necessary transformations in the legal regulation of property relations with the use of renewable energy sources, as well as activities related to renewable energy sources of business entities.

At the same time, one can come to the conclusion that despite the absolute need for an optimal combination (balance) of private and public interests in the area under study, the balance of such interests should be considered as an ideal model for constructing the legal behavior of various subjects of law, which should be strived for, being aware of the fact that that there is no optimal combination (balance) and is unlikely to be. Apparently, when characterizing the relationship between the private and the public, one must see the unity and struggle of opposites. At the same time, proceeding from the specifics of the studied relations, public law principles are of predominant importance. On the whole, however, it should be dominated by governmental support investment activities and protection of the interests of entrepreneurs investing in alternative energy sources.

List of used literature

• 1. Alternative energy of the Krasnodar Territory: problems and development prospects // http://gisee.ru/articles/alternate/52777/ Publication of August 19, 2013.
• 2. Didenko A.A. The main tendencies of the formation of the modern doctrine of source study in the civil law of Russia: Monograph / A.A. Didenko; ed. V.P. Kamyshansky. - Krasnodar: KubGAU, 2012 .-- S. 36-40.
• 3. Ivanets G.I. Law as a normative expression of agreed interests: Author's abstract. diss. ... Cand. jurid. sciences. - M., 2001 .-- S. 8-9.
• 4. Didenko A.A. The concept and system of principles of civil law Scientific journal KubGAU [Electronic resource]. - Krasnodar: KubGAU, 2012. - No. 10 (84).
• 5. Sapun V.A. The theory of legal means and the mechanism for the implementation of law: Dis. ... Dr. jurid. sciences. - N. Novgorod, 2002 .-- S. 37-38.
• 6. Kamyshansky V.P. Ownership: limits and restrictions. - M .: Law and Law, UNITY-DANA, 2000 .-- P. 111.
• 7. Ibid. - S. 111-112.
• 8. Bagel V.A. Public and private law beginnings in civil law regulation externally economic activity: Dissertation ... doct. jurid. sciences. - Yekaterinburg, 2000 .-- P. 57.
• 9. Kiseleva OM Promotion as a method of legal regulation: Author's abstract. diss. ... Cand. jurid. sciences. - Saratov, 2000 .-- P. 14.
• 10. On the approval of a set of measures to stimulate the production of electrical energy by generating facilities operating on the basis of the use of renewable energy sources: Order of the Government of the Russian Federation dated 04.10.2012 No. 1839-r // SZ RF. - 2012. - No. 41. - Art. 5671.

Introduction

1. Organizational and legal regulation in the electric power industry

1.1. Legal framework for regulation in the electric power industry

1.2. Organizational structure in the field of electricity

2. Supervision and control in the field of electricity

2.1. Executive agencies

2.2. The concept and problematic aspects of electricity and power supply contracts

Conclusion

Bibliography

Excerpt from the text

This institution includes various aspects - social, economic, cultural, legal subject of this thesis are normative legal acts regulating legal relations in the field of electricity, as well as scientific and educational legal literature on the topic of research. The purpose of this work is a comprehensive study of legal regulation in the field of electric power industry in accordance with the civil legislation of the Russian Federation. The tasks of the work are: to study the basic principles of regulation in the electric power industry; investigate organizational structures in the electric power industry; consider the role of the executive authorities in oversight in the electricity sector; analyze the concept and problematic aspects of electricity and power supply contracts.

This institute includes various aspects - social, economic, cultural, legal. The subject of this thesis is regulatory legal acts regulating legal relations in the field of electricity, as well as scientific and educational legal literature on the research topic. The purpose of this work is a comprehensive study of legal regulation in the field of electric power industry in accordance with the civil legislation of the Russian Federation. The tasks of the work are: to study the basic principles of regulation in the electric power industry; investigate organizational structures in the electric power industry; consider the role of the executive authorities in oversight in the electricity sector; analyze the concept and problematic aspects of electricity and power supply contracts.

For this reason, the regulation of these areas should be at the highest levels, with the most qualified specialists, since the growth or decline of the economy as a whole depends on the effectiveness of administrative and legal regulation. The object of this work is social relations arising from the administrative and legal regulation of the industrial and energy sectors in the Russian Federation. The subject is legal norms and theoretical provisions that determine the administrative and legal regulation of the industrial and energy sectors in the Russian Federation

A constructive positive direction of state regulation of the economy is impossible without proper legal support for such regulation. The main guideline for improving the legal support of state regulation of the economy should be to ensure rational management as the goal of entrepreneurial (economic) law and a component of the general (main) goal of state regulation of the economy. For the current stage of development of the state, one of the most important tasks is the legal regulation of relations between the state and economic entities engaged in various types of entrepreneurial activity.

The object of the work is the social relations that develop in the activities of public authorities in connection with the application of administrative and legal regimes in various sectors and spheres of public administration.

Consideration of the questions raised was carried out on the basis of modern methods of analysis and description of social phenomena. In particular, system analysis, sociological and comparative legal methods were used.

In this work, we used such methods as the general scientific method of an integrated approach, and private scientific methods knowledge, including dialectical, formally logical, historical, systematic, comparative legal, technical and legal, method of analysis and generalization of legislation and the practice of its application.

The current state and ways of transforming the electric power industry are widely reflected in the works of modern domestic scientists - G.V. Atamanchuk, V.V. Bakusheva, D.N. Bakhrakha, A.I. Bobylev, V.G. Grafsky, V.E. Guliyeva, Yu.M. Kozlova, A.V. Obolonsky, I.I. Ovchinikova, V.V. Polyansky, L.L. Popova, B.V. Rossiyskiy, Yu.A. Tikhomirova, T. Ya.

The theoretical basis of the work was the works of the authors: Andreeva L.V., Kichik K.V., Kudilinsky M.N., Bordunova S.A., Grebenshchikova Ya.B. Degtev G.V., Akimov N.A., Gladilina I .P., Sergeeva S.A., Malochko V., Kikavets V.V., Makovlev A.Yu. A. Kubukov, A. A. Khramkin, K. V. Kuznetsov

It is in this area that the specificity of medical expertise is most clearly traced, as a medical activity, the object of which is an individual, but the results of which are the basis for a dialogue between such institutions as the health care system and the social security system. 1, 7 of the Constitution of the Russian Federation is a legal social state, one of the main functions of which is social support and protection of the population, especially its most vulnerable and socially unprotected categories. State policy in the field of any state function represents, first of all, the content of this function, as well as the mechanism for the implementation (order) of a similar function by the state.

• creation of a favorable economic environment for the functioning of the fuel and energy complex (including coordinated tariff, tax, customs, antimonopoly regulation and institutional transformations in the fuel and energy complex);

The informational basis of the course work is the Western and already appeared domestic books and textbooks on marketing, articles and publications in the print media, conference materials related to this problem.

List of sources of information

1.European Energy Charter // Current international law. T. 3.M .: Moscow Independent Institute of International Law, 1997.S. 173 - 180.

2.Convention for the Protection of Human Rights and Fundamental Freedoms. Concluded in the city of Rome 11/04/1950. Collected Legislation of the Russian Federation, 08.01.2001, N 2, Art. 163.

4. The Civil Code of the Russian Federation (part one) dated 30.11.1994 No. 51-FZ. SZ RF, 05.12.1994, N 32, art. 3301.

5. Civil Code of the Russian Federation (part one) of 30.11.1994 N 51-FZ. Russian newspaper, N 238-239, 08.12.1994.

6. Federal Law of March 26, 2003 N 35-FZ "On the Electricity Industry". Russian newspaper, N 60, 01.04.2003.

7.Federal Law of 21.07.1997 N 116-FZ "On industrial safety dangerous production facilities". Rossiyskaya Gazeta, N 145, 30.07.1997.

8. Federal Law of 21.07.2011 N 256-FZ "On the safety of objects of the fuel and energy complex." Rossiyskaya Gazeta, N 161, 26.07.2011.

9.Federal Law of 03.12.2011 N 382-FZ "On the State Information System of the Fuel and Energy Complex". Rossiyskaya Gazeta, N 278, 09.12.2011.

10. Federal Law of 23.11.2009 N 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation". Russian newspaper, N 226, 27.11.2009.

11. Federal Law of 17.08.1995 N 147-FZ "On Natural Monopolies". Russian newspaper, N 164, 24.08.1995.

12. Federal Law of 26.07.2006 N 135-FZ "On Protection of Competition". Russian newspaper, N 162, 27.07.2006.

13. Federal Law of 01.12.2007 N 315-FZ "On Self-Regulatory Organizations". Russian newspaper, N 273, 06.12.2007.

14.Federal law from

2. March 2003 N 36-FZ "On the peculiarities of the functioning of the electric power industry during the transition period and on amending some legislative acts of the Russian Federation and invalidating some legislative acts of the Russian Federation in connection with the adoption of the Federal Law" On the Electricity Industry "// SZ RF. 2003. N

13. Art. 1178.

15. Decree of the Government of the Russian Federation of December 27, 2010 N 1172 "On approval of the Rules for the wholesale electricity and capacity market and on amendments to some acts of the Government of the Russian Federation on the organization of the functioning of the wholesale electricity and capacity market." Rossiyskaya Gazeta, N 71, 05.04.2011.

16. Decree of the Government of the Russian Federation of December 27, 2004 N 861 "On approval of the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, the Rules for non-discriminatory access to services for operational dispatch management in the electric power industry and the provision of these services, the Rules for non-discriminatory access to services the administrator of the wholesale market trading system and the provision of these services and the Rules for technological connection of power receivers of consumers of electrical energy, facilities for the production of electrical energy, as well as facilities power grid facilities belonging to grid organizations and other persons to electric grids ”. Rossiyskaya Gazeta, N 7, 19.01.2005.

17. Decree of the Government of the Russian Federation of December 27, 2004 N 854 "On approval of the Rules of operational dispatch control in the electric power industry." Collected Legislation of the Russian Federation, 27.12.2004, N 52 (part 2), Art. 5518.

18. Decree of the Government of the Russian Federation of 01.12.2009 N 977 "On investment programs ah subjects of the electric power industry ". Collected Legislation of the Russian Federation, 07.12.2009, N 49 (2 hours), Art. 5978.

19. Decree of the Government of the Russian Federation of 28.10.2009 N 846 "On approval of the Rules for investigating the causes of accidents in the electric power industry." Russian Business Newspaper, N 46, 01.12.2009.

20. Decree of the Government of the Russian Federation of 15.06.2009 N 492 "On essential conditions and the procedure for resolving disagreements about the right to conclude contracts in relation to power grid facilities included in the unified national (all-Russian) electric grid "Collection of laws of the Russian Federation", 22.06.2009, N 25, article 3073.

21. Resolution of the Government of the Russian Federation of August 4, 2008 N 581 "On the authorized federal executive body to control the activities of the market council" // Collected Legislation of the Russian Federation. 2008. N

32. Art. 3789.

22. Resolution of the Government of the Russian Federation of 09.01.2009 N 14 "On approval of the Rules for the settlement of disputes related to the establishment and application of fees for technological connection and (or) tariff rates established by state regulation bodies of prices (tariffs) to determine the amount of such payment (standardized tariff rates) ”. Collected Legislation of the Russian Federation, 19.01.2009, N 3, Art. 414.

23. Decree of the Government of the Russian Federation of 28.05.2008 N 400 "On the Ministry of Energy of the Russian Federation". Collected Legislation of the Russian Federation, 02.06.2008, N 22, Art. 2577.

24. Resolution of the Government of the Russian Federation from

1. July 1996 N 793 "On the federal (all-Russian) wholesale electricity (power) market" // Collected Legislation of the Russian Federation. 1996. N

30. Art. 3654.

25. Decree of the Government of the Russian Federation of February 26, 2004 N 109 "On pricing in relation to electric and thermal energy in the Russian Federation." Russian newspaper, N 45, 05.03.2004.

26. Decree of the Government of the Russian Federation of December 27, 2010 N 1172 "On approval of the Rules for the wholesale electricity and capacity market and on amendments to some acts of the Government of the Russian Federation on the organization of the functioning of the wholesale electricity and capacity market." Rossiyskaya Gazeta, N 71, 05.04.2011.

27. Decree of the Government of the Russian Federation of 04.05.2012 N 442 "On the functioning of retail electricity markets, full and (or) partial limitation of the mode of consumption of electrical energy". Collected Legislation of the Russian Federation, 04.06.2012, N 23, Art. 3008.

28. Decree of the Government of the Russian Federation of December 27, 2004 N 861 "On approval of the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, the Rules for non-discriminatory access to services for operational dispatch management in the electric power industry and the provision of these services, the Rules for non-discriminatory access to services the administrator of the trading system of the wholesale market and the provision of these services and the Rules for technological connection of power receivers of consumers of electrical energy, facilities for the production of electrical energy, as well as electrical grid facilities belonging to grid organizations and other persons to electrical networks. " Rossiyskaya Gazeta, N 7, 19.01.2005.

29. Decree of the Government of the Russian Federation of February 26, 2004 N 109 "On pricing in relation to electric and thermal energy in the Russian Federation." Russian newspaper, N 45, 05.03.2004.

30. Decree of the Government of the Russian Federation of 15.06.2009 N 492 "On the essential conditions and procedure for resolving disagreements about the right to conclude contracts in relation to power grid facilities that are part of the unified national (all-Russian) electric grid." Collected Legislation of the Russian Federation, 22.06.2009, N 25, Art. 3073.

31. Resolution of the Government of the Russian Federation of 28.05.2008 N 400 "On the Ministry of Energy of the Russian Federation". Collected Legislation of the Russian Federation, 02.06.2008, N 22, Art. 2577.

32. Resolution of the Government of the Russian Federation of 23.05.2006 N 307 "On the procedure for providing public services to citizens." Russian newspaper, N 115, 06/01/2006.

33. Resolution of the Government of the Russian Federation from

2. October 2003 N 643 "On the rules of the wholesale electricity (power) market in the transition period" // SZ RF. 2003. N

34. Resolution of the Government of the Russian Federation from

3. August 2006 N 530 "On approval of the Rules for the functioning of retail electricity markets in the transitional period of reforming the electric power industry" // SZ RF. 2006. N

37. Art. 3876. Abolished.

35. Decree of the President of the Russian Federation of 12.05.2009 N 537 "On the National Security Strategy of the Russian Federation until 2020". Rossiyskaya Gazeta, N 88, 19.05.2009

36. Decree of the President of the Russian Federation of 20.03.2008 N 369 "On measures to establish the State Atomic Energy Corporation" Rosatom ". Rossiyskaya Gazeta, N 62, 22.03.2008.

37. Decree of the President of the Russian Federation of 23.07.2003 N 824 "On measures to conduct administrative reform in 2003 - 2004 "Rossiyskaya Gazeta", N 148, 25.07.2003. Rossiyskaya Gazeta, N 148, 25.07.2003.

38. Order of the Ministry of Energy of the Russian Federation of November 17, 2008 N 187 "On the procedure for maintaining a register for the issuance and redemption of certificates confirming the volume of electricity production at qualified generating facilities operating on the basis of the use of renewable energy sources." Bulletin of Normative Acts of Federal Executive Bodies, N 13, 30.03.2009.

39. Order of the Federal Energy Commission of the Russian Federation N 52 and the Federal Debt Center under the Government of the Russian Federation of September 4, 2000 N 101 "On the procedure for selling seized electrical energy of debtor organizations - subjects of the Federal (All-Russian) wholesale electricity (capacity) market".

40. Decision of the ECtHR of 03.04.2001 “On the issue of the admissibility of application no. 44 319/98“ Olga Valentinovna Romanovskaya v. The Russian Federation ”. Journal of Russian Law, 2001, N 8.

41. Resolution of the Constitutional Court of the Russian Federation of 19.12.2005 N 12-P

2. Federal law "On insolvency (bankruptcy)" in connection with the complaint of the citizen A.G. Mezhentseva ". Bulletin of the Constitutional Court of the Russian Federation, N 1, 2006.

42. Determination of the Supreme Arbitration Court from

43. Determination of the Supreme Arbitration Court from

44. Determination of the Supreme Arbitration Court of the Russian Federation from

45. Andreeva Y.A. Control and supervision of the Ministry of Justice of the Russian Federation in the field of notaries (administrative and legal aspect): Author's abstract. dis. ... Cand. jurid. sciences. M., 2009.

46 Bakhrakh D.N., Rossinsky B.V., Starilov Yu.N. Administrative law: Textbook for universities. M .: Norma, 2005.

47 Braginsky M.I., Vitryansky V.V. Contract law. Book two: Agreements on the transfer of property. Moscow: Statut, 2011.

48 Vershinin A.P. Energy law. SPb .: Publishing house of St. Petersburg. state un-that; Publishing House of the Faculty of Law, St. Petersburg State University, 2007.

49 Vishnyakova A.S. Federal administration in the electric power industry // Administrative law and process. 2010. N 6.

50. Gorodov O.A. Electricity Contracts: Scientific and Practical Guide. M .: Walters Kluver, 2007.

51. Civil law: Textbook: In 3 volumes. T. 2 / Otv. ed. A.P. Sergeev, Yu.K. Tolstoy. M., 2003.

52. Demidov I.L. Administrative and legal regulation of economic relations in the Russian Federation (on the example of the fuel and energy complex): Dis. ... Cand. jurid. sciences. M., 2008.

53. Zhusupov A.A. Energy as a Specific Object of Civil Rights // Energy Law. 2007. N 2.

54. Zinchenko S.A., Gallov V.V. Self-regulatory organizations in Russian legislation: problems and solutions // Corporations and institutions: Collection of articles / Otv. ed. M.A. Rozhkov. M., 2007.

55. I. V. Kozlov Energy supply agreement as a special type of purchase and sale agreement // Modern law... 2007. N 7.

56. Commentary on the Civil Code of the Russian Federation, part two / Ed. HE. Sadikova. M., 2008.

57. P. Kryuchkova Removing administrative barriers in the economy (conditions and opportunities for global institutional transformation) // Problems of Economics. 2003. N 11.

58. Kudryashov I.N. State control over the activities of public associations: Author's abstract. dis. ... Cand. jurid. sciences. Vladimir, 2007.

59. Kulikov S., Sergeev M. Energy deficiency. // Russian newspaper, N 112 (4352) from 04.06.2008.

60. Lakhno P.G. Energy, Energy and Law // Energy Law. 2006. N 1.

61. L.A. Lunts Money and liabilities in civil law. M., 2004.

62. Martynov A.V. On the issue of administrative supervision as a function of public administration: concept, rationale and main features // Administrative and municipal law... 2009. N 9.

63. S. V. Matiyashchuk Electricity supply agreement for household consumers: essence and legal nature // Legislation and Economics. 2007. N 11.

64. Murzin D.V. Incorporeal things // Civilian notes: Interuniversity collection of scientific papers. Issue 3.M., 2004.

65. Novoselova L.A. Definition of objects of ownership // Citizen and law. 2001. N 2.

66. Oleinik O. Legal problems energy supply // Economy and law. 2000. Supplement to No. 5.

67. Osipchuk E.L. Energy supply agreement in the system of contractual relations in the Russian electric energy market: Dis. ... Cand. jurid. sciences. M., 2004.

68. Popondopulo V.F. Energy law and energy legislation: general characteristics, development trends // Energy and Law. Moscow: Ed. "Lawyer", 2008.

69. Legal regulation of wholesale trade in electricity: Dis. ... Cand. jurid. sciences. M., 2007.

70. Pytikova T.A., Boshno S.V. Legal nature and signs of local legal acts // Lawyer. 2006. N 5.

71. Rubailo E.A. Local acts in the system of legal acts of the Russian Federation // Journal of Russian law. 2010. N 5.

72.Svirkov S.A. Contractual obligations in the electric power industry. Moscow: Statut, 2006.

73.Svirkov S.A. The concept and qualification of the contract for power supply with electrical energy // Economics and Finance of the Electric Power Industry. 2005. N 11.

74. Talapina E.V. New institutions of administrative law // State and law. 2006. N 5.

75. Tsibirova I.G. Energy supply agreement in civil law of the Russian Federation: Dis. for the degree of candidate legal sciences... M., 2004.

bibliography

§ 3. Legal regime of energy facilities

§ 4. Legal status of subjects of private law relations in the field of energy

Questions for self-control.

§ 2. Contracts for the supply of energy resources

§ 3. Agreements governing the transfer, transportation, transportation of energy resources

§ 5. Production sharing agreements

§ 6. Concession agreements

§ 7. Contracts for storage of energy resources

§ 9. Contracts for the supply of power equipment

§ 10. Energy service agreement (contract)

§ 11. Contractual regulation of innovation in the energy sector

Questions for self-control:

Section III. Public law relations in the field of energy

Chapter 1. State regulation in the field of energy

§ 1. State energy policy and strategy

§ 3. State bodies exercising state regulation in the field of energy

Questions for self-control.

§ 3. Self-regulatory organizations in the field of heat supply

Questions for self-control.

SPECIAL PART

Section I. Legal regulation of the gas industry

§ 1. Strategy for the development of the gas industry

Questions for self-control.

§ 1. Legal regime of gas as an object of private law relations

§ 2. Legal regime of energy facilities of the gas industry

§ 3. Legal status of subjects of private law relations in the gas industry

§ 4. Contractual regulation in the gas industry

Questions for self-control.

Chapter 3. Public Law Relations in the Gas Industry

§ 1. State regulation of the gas industry

§ 2. Self-regulation in the gas industry

Questions for self-control.

Section II. Legal regulation of the oil industry

§ 1. Development strategy of the oil industry

Questions for self-control.

Chapter 2. Private law relations in the oil industry

§ 1. Legal regime of oil and oil products

§ 3. Legal status of subjects of private law relations in the oil industry

§ 4. Contractual regulation in the oil industry

Questions for self-control.

§ 1. State regulation of the oil industry

§ 2. Self-regulation in the oil industry

Questions for self-control.

Section III. Legal regulation of the coal industry

§ 1. Development strategy of the coal industry

Questions for self-control.

§ 3. Legal status of subjects of private law relations in the coal industry

§ 4. Contractual regulation in the coal industry

Questions for self-control:

Chapter 3. Public law relations in the coal industry

§ 1. State regulation in the coal industry

§ 2. Self-regulation in the coal industry

Questions for self-control.

§ 1. Strategy for the development of the electric power industry

Questions for self-control.

Chapter 2. Private law relations in the electric power industry

§ 1. Legal regime of electrical energy and power

§ 2. Legal regime of electric power facilities

§ 3. Legal status of subjects of private law relations in the field of electricity

Questions for self-control:

Chapter 3. Public Law Relations in the Electric Power Industry

§ 2. Self-regulation in the field of electricity

Questions for self-control.

Section V. Legal regulation in the field of heat supply

§ 1. Strategy for the development of heat supply

Questions for self-control.

Chapter 2. Private law relations in the field of heat supply

§ 1. Legal regime of thermal energy

§2. Legal regime of heat supply facilities

§3. Legal status of subjects of private law relations in the field of heat supply

§4. Contractual regulation in the field of heat supply

Questions for self-control.

Section 1 State regulation in the field of heat supply

Section 2 Self-regulation in the field of heat supply

Questions for self-control:

Section VI. Legal regulation in the field of atomic energy use

§ 1. Strategy for the development of nuclear energy

Questions for self-control.

Chapter 2. Private law relations in the field of atomic energy use

§1. Legal regime of nuclear materials, radioactive waste

§ 3. Legal status of subjects of private law relations in the field of atomic energy use

Questions for self-control.

Chapter 3. State regulation and self-regulation in the field of atomic energy use

Questions for self-control:

Bibliography

International treaties

Normative legal acts

Judicial acts of the highest courts

Software and electronic resources

Legal literature

additional literature

Section IV. Legal regulation in the field of electricity

Chapter 1. Strategy for the development of the electric power industry and sources of legal regulation of public relations

v the electric power industry

§ 1. Strategy for the development of the electric power industry

V according to the Concept of long-term socio-economic development of the Russian Federation for the period up to 2020, approved by the order of the Government of the Russian Federation dated November 17, 2008 No. 1662-p792, the goals of the state policy in the field of the electric power industry are:

(a) overcoming the existing imbalances in the electric power industry in order to maintain high and sustainable economic growth rates in the long term; (b) increasing the efficiency of production, transmission and consumption of electricity based on the latest highly efficient environmentally friendly technologies. The Concept states that in order to achieve the target parameters for the development of the electric power industry, it is necessary to solve, among other things, the following tasks: (a) balanced development of the electric power industry, the creation in it of an optimal, economically justified structure of generating capacities and power grid facilities in order to reliably provide the country's consumers with electricity and heat; (b) creation of a network infrastructure that ensures the full participation of energy companies in the electricity and capacity market, strengthening of intersystem connections for the transit of electricity and capacity to the scarce regions of Russia, and the development of electricity exports; (c) ensuring substantial growth

792 Order of the Government of the Russian Federation of November 17, 2008 No. 1662-r "On approval of the Concept of long-term socio-economic development of the Russian Federation for the period up to 2020" // СЗ RF. 2008. No. 47. Art.5489.

	Energy law

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

investments in the electric power industry for large-scale commissioning of new energy capacities and replacement of obsolete equipment; (d) ensuring the availability of consumers' connection to power grids.

In accordance with the Energy Strategy of Russia for the period up to 2030793, the main problems of the electric power industry according to the Energy Strategy include: a shortage of generating and network capacities in a number of regions of the country; lack of electrical communication Siberia-Ural-Center with a capacity that would allow the efficient use of Siberian hydro and fuel resources; suboptimal structure of generating capacities due to high depreciation of fixed assets and lack of necessary investments for their large-scale and timely renewal; long-term technological lag in the creation and development of modern steam-gas, environmentally friendly coal and power grid technologies; low energy and economic efficiency of the industry; extremely high dependence of the electric power industry on natural gas; lack of a full-fledged competitive market for electricity and capacity; insufficient investment resources for the development of the power grid infrastructure in order to ensure the delivery of capacity from new generating facilities and ensure technological connection of consumers to power grids; the presence of cross-subsidization between groups of electricity consumers and between electricity and heat in the domestic market.

The general layout of electric power facilities until 2020 was approved by the Order of the Government of the Russian Federation dated February 22, 2008 No. 215-r794.

The general layout of power facilities until 2020 is a balanced plan for the location of power plants and power grid facilities for a specified period based on an assessment of forecasts of power consumption in the country and its regions, specifying the goals, objectives and main measures for the development of the industry. The purpose of the General Scheme is to ensure reliable and efficient energy supply to consumers and adequate

793 Order of the Government of the Russian Federation of 13.11.2009 No. 1715-р "On the approval of the Energy Strategy of Russia for the period up to 2030" // СЗ of the Russian Federation, 2009. No. 48. Article 5836. It should also be borne in mind that the draft Energy Strategy of Russia for the period up to 2035 is currently being discussed. The project is presented on the official website of the Ministry of Energy of the Russian Federation. subr .: http://mintntrgo.gov.ru

794 Order of the Government of the Russian Federation of 22.02.2008 No. 215-r "On approval of the General Scheme for the Placement of Electric Power Facilities until 2020" // SZ RF.2008.No. 11. (Part II). Article 1038

Special part

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

to meet the needs of the country's economy in electric and thermal energy. The main task of the General Scheme is to form, on the basis of the existing potential and the established development priorities of the industry, a reliable, cost-effective and optimal use of the country's fuel resources, a rational structure of generating capacities and power grid facilities and creating conditions for preventing the most efficient way of predicted shortages of electricity and capacity.

The rules for the development and approval of schemes and programs for the long-term development of the electric power industry were approved by the Decree of the Government of the Russian Federation of October 17, 2009 No. 823795. The main goals of the development of schemes and programs for the long-term development of the electric power industry are the development of the network infrastructure and generating capacities, ensuring the satisfaction of long-term and medium-term demand for electric energy and capacity, the formation of stable and favorable conditions for attracting investments in the construction of electric power facilities.

Considering the issue of the legal nature of relations in the electric power industry, it should be noted that these relations are formed between the subjects of the electric power industry, i.e. by persons carrying out activities in the field of the electric power industry, including the production of electric, thermal energy and capacity, the purchase and sale of electric energy and capacity, energy supply to consumers, the provision of services for the transmission of electric energy, operational dispatch management in the electric power industry, the sale of electric energy (capacity) , the organization of the sale and purchase of electricity and capacity and by consumers of electricity and (or) capacity, as well as services provided by the subjects of the electric power industry.

Relations in the electric power industry also develop between these persons and the relevant state bodies and self-regulatory organizations. The first group of relations is a private law relationship, the second is a public law relationship.

Accordingly, these circumstances determine the use of various sources of law in the regulation of these relations, including legislation that is complex in its legal nature.

795 Decree of the Government of the Russian Federation of 17.10.2009 No. 823 "On schemes and programs for the long-term development of the electric power industry" // SZ RF.2009.No. 43. Article 5073

	Energy law

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

Many issues of legal regulation in the field of the electric power industry are the subject of legal research796.

§ 2. Sources of legal regulation of public relations in the electric power industry

In the regulation of public relations in the field of the electric power industry, various sources of energy law are used, including: the Constitution of the Russian Federation, federal laws, by-laws, international treaties of the Russian Federation, customs, local acts legal entities containing the rules of law, relevant acts self-regulatory organizations. In this paragraph, we will stop

796 See under: Akimov L.Yu. Development of legal regulation in the field of electric power after Russia's accession to the WTO // Collection of materials of the international scientific and practical conference. M .: Publishing house "Yurist" .2013.C.74-81; Andreev V.K., Andreeva L.V. Energy supply agreement in the context of restructuring // Jurist. 2005. No. 1. P.30-37; Blinkova E.V. The procedure for obtaining the status of the subject of the wholesale electricity (capacity) market // Jurist. 2004. No. 2 (3). S.46-48; Bondarenko A.B. On improving the procedure for approving investment programs of electric power entities. // Legal Energy Forum. 2014. No. 2. P.5-8; Gorodov O.A. Electricity contracts. Scientific and practical manual. // M. Walters Clover. 2007; Izotova A.V. State regulation of prices (tariffs) for electric energy (power) in the Russian Federation. // Collection of materials of the international scientific and practical conference. M .: Publishing house "Yurist". 2013. pp. 28-39; Izotova A.V. On the formation and development of energy legislation in the field of regulated prices (tariffs) in the electric power industry. // Legal Energy Forum. 2014. No. 2. P.9-14; Lakhno P.G. Energy Law of the Russian Federation: Formation and Development. M .: Publishing house of Moscow University. 2014; S.V. Matiyashchuk Self-regulation in the wholesale electricity (power) market. // Lawyer. 2013. No. 2. P.16-19; Pakhomov A.A., Sarymsakov E.G. general characteristics legislation of the Republic of Kazakhstan in the field of electric power. // Collection of materials of the international scientific and practical conference. Moscow: Yurist Publishing House. 2013. with. 102-110; Pakhomov A.A., Sarymsakov E.G. Energy law foreign countries: legal analysis legislation of Great Britain in the field of electricity. // Collection of materials of the international scientific and practical conference. Moscow: Yurist Publishing House. 2013. with. 111-117; Romanova V.V. International treaties as a source of legal regulation of relations in the electric power industry. // Collection of materials of the international scientific and practical conference. Moscow: Yurist Publishing House. 2013. C.82-93; Romanova V.V., Bikmurzin A.F. Legal regulation of the activities of subjects of natural monopolies in the electric power industry of the states - members of the Common Economic Space // Collection of materials of the international scientific and practical conference. Moscow: Yurist Publishing House. 2013. p.94-101; Romanova V.V., Efimova A.A. On the peculiarities of the legal regulation of relations for the supply of power in the wholesale market of electrical energy and power "// Jurist. 2013. No. 21. P.38-40; Romanova V.V., Fil S.S. Features of the legal status of subjects of corporate relations in the field of electric power. // Collection of materials of the international scientific and practical conference. M .: Publishing house "Yurist" .2013, pp. 40-47; Svirkov S.A. Contract for maintenance of power grid facilities. // Legal Energy Forum. 2014. No. 2. P.27-30; Tarasov I.N. Dispute resolution in the electric power industry. // M. Infotropic Media. 2012; Shilohvost O.Yu. Controversial issues judicial practice on energy supply contracts. M. Norma: INFRA-M. 2012.

Special part

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

Xia on those sources that are of particular importance for the regulation of relations in the electric power industry.

Among the federal laws, the following should be noted: Federal Law of March 26, 2003 No. 35-FZ “On the Electric Power Industry”; Federal Law of 21.07.1997 No. 116-FZ "On industrial safety of hazardous production facilities"; Federal Law of 21.07.2011 No. 256-FZ "On the safety of objects of the fuel and energy complex"; Federal Law No. 382-FZ of 03.12.2011 “On the State Information System of the Fuel and Energy Complex” .797 Federal Law “On Energy Saving and Improving Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation”; Federal Law of 17.08.1995 No. 147-FZ "On Natural Monopolies"; 798 Federal Law of 26.07.2006 No. 135-FZ "On Protection of Competition" 799; Federal Law of 18.07.2011 No. 223-FZ "On the procurement of goods, works, services by certain types of legal entities." 800

Legal bases of economic relations in the field of electric power industry, powers government agencies authorities to regulate these relations, the main rights and obligations of electric power industry entities in the implementation of activities in the electric power industry (including production in the combined generation of electricity and heat) and electricity consumers are established by Federal Law No. 35-FZ dated 26.03.2003 "On the Electric Power Industry ". According to article 2 of this law, the Legislation of the Russian Federation on the electric power industry is based on the Constitution of the Russian Federation and consists of the Civil Code of the Russian Federation, Federal Law No. 35-FZ dated 26.03.2003 "On the Electricity Industry" and other federal laws regulating relations in the electric power industry, as well as decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation

797 Federal Law "On Industrial Safety of Hazardous Production Facilities", Federal Law dated July 21, 2011 No. 256-FZ "On the safety of objects of the fuel and energy complex" (Rossiyskaya Gazeta. 2011, July 26.); Federal Law "On the State Information System of the Fuel and Energy Complex" dated 03.12.2011 No. 382-FZ (Rossiyskaya Gazeta. 2011. December 9).

798 Federal Law of 17.08.1995 No. 147-FZ "On natural monopolies" // SZ RF.1995.No 34. Art.3426.

799 Federal Law of 26.07.2006 No. 135-FZ "On Protection of Competition" // Rossiyskaya Gazeta. 2006, July 27.

800 Federal Law of 18.07.2011 No. 223-FZ "On the procurement of goods, works, services by certain types of legal entities" // Rossiyskaya Gazeta. 2011.22 July.

	Energy law

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

actions taken in accordance with the specified federal laws.

Article 3 of the Federal Law of 26.03.2003 No. 35-FZ "On the Electric Power Industry" sets forth the definitions of the basic concepts, including the concept of the electric power industry, which is understood as a branch of the Russian Federation's economy, which includes a set of economic relations arising in the production process (in including production in the mode of combined generation of electric and heat energy), transmission of electric energy, operational dispatch control in the electric power industry, sales and consumption of electric energy using production and other property objects (including those included in the Unified Energy System of Russia) owned by the right of ownership or on any other basis stipulated by federal laws to the subjects of the electric power industry or other persons. The law states that the electric power industry is the basis for the functioning of the economy and life support.

The Unified Energy System of Russia is understood as a set of production and other property objects of the electric power industry connected by a single production process (including production in the mode of combined generation of electric and thermal energy) and transmission of electric energy under conditions of centralized operational dispatch control in the electric power industry.

Federal Law No. 35-FZ of 26.03.2003 “On the Electric Power Industry” also defines such concepts as the wholesale electricity and capacity market and retail electricity markets.

The wholesale market for electrical energy and capacity is understood as the sphere of circulation of special goods - electrical energy and capacity within the framework of the Unified Energy System of Russia within the boundaries of the unified economic space of the Russian Federation with the participation of large manufacturers and large buyers of electricity and capacity, as well as other persons who have received the status of a subject of the wholesale market and act on the basis of the rules of the wholesale market, approved in accordance with Federal Law No. 35-FZ dated 26.03.2003 "On Electricity" by the Government of the Russian Federation. The criteria for assigning producers and buyers of electricity to the category of large producers and large buyers are established by the Government of the Russian Federation.

Special part

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

Retail electricity markets are understood to be the sphere of electricity circulation outside the wholesale market with the participation of electricity consumers.

More detailed consideration the specified and other concepts enshrined in the Federal Law of March 26, 2003 No. 35-FZ "On the Electric Power Industry" is given in the corresponding paragraphs of this section of the Textbook.

Considering the sources of legal regulation of public relations in the electric power industry, it should be noted that significant powers in the regulation of these relations are enshrined in accordance with Article 21 of the Federal Law of 26.03.2003 No. 35-FZ "On the Electric Power Industry" to the Government of the Russian Federation.

The Government of the Russian Federation has adopted a significant number of regulatory legal acts regulating public relations in the field of the electric power industry, among which it should be noted, including: Decree of the Government of the Russian Federation of December 27, 2010 No. 1172 "On Approval of the Rules for the Wholesale Electricity and Capacity Market and acts of the Government of the Russian Federation on the organization of the functioning of the wholesale electricity and capacity market "; 801 Resolution of the Government of the Russian Federation of 04.05.2012 No. 442" On the functioning of retail electricity markets, full and (or) partial limitation of the regime of consumption of electrical energy "; 802 Government Resolution RF dated December 27, 2004 No. 861 "On approval of the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, the Rules for non-discriminatory access to services for operational dispatch management in the electric power industry and the provision of these services, the Rules for non-discriminatory access to the services of the administrator of the wholesale market trading system and the provision of these services and the Rules for technological connection of power receivers of electrical energy consumers, facilities for the production of electrical energy, as well as electrical grid facilities belonging to network organizations and other persons, to electricity

801 Decree of the Government of the Russian Federation of December 27, 2010 No. 1172 "On Approval of the Rules for the Wholesale Electricity and Capacity Market and on Amending Certain Acts of the Government of the Russian Federation on the Organization of the Operation of the Wholesale Electricity and Capacity Market" // Rossiyskaya Gazeta. 2011. April 5.

802 Decree of the Government of the Russian Federation of 04.05.2012 No. 442 "On the functioning of retail electricity markets, full and (or) partial limitation of the mode of consumption of electrical energy" // СЗ of the Russian Federation. 2012. No. 23. Art. 3008.

	Energy law

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

grids "803 Government Decree of December 29, 2011 No. 1178" On pricing in the field of regulated prices (tariffs) in the electric power industry "804; Resolution of the Government of the Russian Federation of December 27, 2004 No. 854 "On Approval of the Rules for Operational Dispatch Management in the Electric Power Industry"; 805 Resolution of the Government of the Russian Federation of December 1, 2009 No. 977 "On Investment Programs of Electricity Entities" 806; Resolution of the Government of the Russian Federation of 28.10.2009 No. 846 “On Approval of the Rules for Investigating the Causes of Accidents in the Electric Power Industry” 807; Resolution of the Government of the Russian Federation of 15.06.2009 No. 492 "On the essential conditions and procedure for resolving disagreements and on the right to conclude contracts in relation to power grid facilities included in the unified national (all-Russian) electric grid" 808; Resolution of the Government of the Russian Federation of 09.01.2009 No. 14 "On approval of the rules for the settlement of disputes related to the establishment and application of payments for technological connection and (or) tariff rates established by state regulation bodies of prices (tariffs) to determine the amount of such payment (standardized tariff rates) "809 and others.

Among the by-laws, it should also be noted: Order of the Ministry of Energy of the Russian Federation of 03.08.2012 N 365 “On the approval of the Ad-

803 Decree of the Government of the Russian Federation of December 27, 2004 No. 861 "On approval of the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, the Rules for non-discriminatory access to services for operational dispatch management in the electric power industry and the provision of these services, the Rules for non-discriminatory access to the services of the administrator of the wholesale market trading system and the provision of these services and the Rules for technological connection of power receivers of electrical energy consumers, facilities for the production of electrical energy, as well as power grid facilities belonging to grid organizations and to other persons, to power grids "// Rossiyskaya Gazeta. 2005.19 January.

804 Decree of the Government of the Russian Federation of December 29, 2011 N 1178 "On pricing in the field of regulated prices (tariffs) in the electric power industry" // SZ RF. 2012. No. 4. Art.504

805 Decree of the Government of the Russian Federation of December 27, 2004 No. 854 "On Approval of the Rules of Operational Dispatch Management in the Electric Power Industry" // SZ RF.2004. No. 52 (part II). Article 5518

806 Decree of the Government of the Russian Federation of 01.12.2009 No. 977 "On investment programs of subjects of the electric power industry" // SZ RF. 2009. No. 49 (part II). Article 5978

807 Decree of the Government of the Russian Federation of October 28, 2009 No. 846 "On Approval of the Rules for Investigating the Causes of Accidents in the Electric Power Industry" // SZ RF.2009.No. 44. Art.5243.

808 Decree of the Government of the Russian Federation of 15.06.2009 No. 492 "On the essential conditions and the procedure for resolving disagreements on the procedure for resolving disagreements and on the right to conclude contracts in relation to power grid facilities that are part of the unified national (all-Russian) electric grid" // SZ RF. 2009. No 25. Art.3073

809 Decree of the Government of the Russian Federation of 09.01.2009 No. 14 "On approval of the rules for the settlement of disputes related to the establishment and application of payments for technological connection and (or) tariff rates established by state regulation bodies of prices (tariffs) to determine the amount of such payment (standardized tariff rates" // SZ RF.2009.No 3. Art.414.

Special part

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

ministerial regulations for the execution by the Ministry of Energy of the Russian Federation of the state function of exercising control over the implementation of investment programs of electric power industry entities "; 810 Order of the Ministry of Energy of the Russian Federation of 13.12.2011 N 585" On approval of the Procedure for maintaining separate accounting of income and expenses by subjects of natural monopolies in the field of services for the transmission of electricity energy and operational dispatch management in the electric power industry "; 811 Order of the Ministry of Energy of the Russian Federation of December 19, 2011 No. 606/1" On approval Administrative Regulations provided by the Ministry of Energy of the Russian Federation public service on the approval of investment programs of the subjects of the electric power industry, in the authorized capital of which the state participates, and grid organizations ".812

A significant number of regulatory legal acts governing public relations in the electric power industry have been adopted by other authorized state bodies, including the Ministry of Economic Development of the Russian Federation, the Federal Antimonopoly Service, the Federal Tariff Service, the Federal Service for Environmental, Technological and Nuclear Supervision and others.

Considering the sources of legal regulation in the electric power industry, one should also dwell on international treaties.

About expansion international cooperation in the field of electric power industry was repeatedly noted at the meeting of the Commission under the President of the Russian Federation on the development strategy of the fuel and energy complex and environmental safety813.

The subject matter of multilateral and bilateral agreements is different, but, as a rule, covers such areas of mutual cooperation in the field of electrical

810 Order of the Ministry of Energy of the Russian Federation of 03.08.2012 N 365 "On approval of the Administrative regulations for the execution by the Ministry of Energy of the Russian Federation of the state function of exercising control over the implementation of investment programs of subjects of the electric power industry" // Rossiyskaya Gazeta. 2012.9 November.

811 Order of the Ministry of Energy of Russia of 13.12.2011 N 585 "On approval of the Procedure for maintaining separate accounting of income and expenses by natural monopoly entities in the field of services for the transmission of electrical energy and operational dispatch control in the electric power industry "// Bulletin of normative acts of federal executive authorities. 2012. No. 12.

812 Order of the Ministry of Energy of the Russian Federation of December 19, 2011 No. 606/1 "On Approval of the Administrative Regulations for the Provision of the State Service by the Ministry of Energy of the Russian Federation for the Approval of Investment Programs of Electricity Entities in the Authorized Capital of which the State Participates, and Grid Organizations" // Bulletin of Normative Acts of Federal Executive Bodies authorities. 2012. No. 20.

813 See, for example: Verbatim report of the meeting of the Commission on the development strategy of the fuel and energy complex and environmental safety on July 10, 2012 // http://state.kremlin.ru/comission/29/news/15912

	Energy law

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

troenergy as: supply of electrical energy and power; construction, reconstruction, modernization, operation of electric power facilities; application of new technologies for the production, transmission and distribution of electricity; development and implementation of measures to save energy and its rational use, the use of energy-saving technologies, equipment, control systems and safety rules; development of the electrical industry, as well as other industries supporting the energy sector. Among the bilateral intergovernmental agreements on cooperation in the electric power industry, it should be noted, including: Agreement between the Government of the Russian Federation and the Government of the Hellenic Republic on cooperation in the fuel and energy complex of December 6, 2001, 814 Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on cooperation in the sectors of fuel and energy complexes dated December 24, 1992, 815 Agreement between the Government of the Russian Federation and the Government of the French Republic on cooperation in the field of fuel and energy dated February 15, 1996 816; Agreement between the Government of the Russian Federation and the Government of the Kyrgyz Republic on the construction and operation of the Upper Naryn cascade of hydroelectric power plants dated 20.09.2012817; Agreement between the Government of the Russian Federation and the Government of the Kyrgyz Republic dated 20.09.2012 on the construction and operation of the Kambarata HPP-1818; Agreement between the Government of the Russian Federation and the Government of the Socialist Republic of Vietnam of October 31, 2010 on cooperation in the field of energy; 819 Agreement between the Government of the Russian Federation and

814 Agreement between the Government of the Russian Federation and the Government of the Hellenic Republic on cooperation in industries fuel and energy complex of December 6, 2001 // Bulletin of international agreements. 2004. No. 8.

815 Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on cooperation in industries fuel and energy complexes of December 24, 1992 // Bulletin of international agreements. 1994. No. 6.

816 Agreement between the Government of the Russian Federation and the Government of the French Republic on cooperation in the field of fuel and energy dated February 15, 1996 // Bulletin of international treaties. 1997. No. 5.

817 International agreement of 20.09.2012 Agreement between the Government of the Russian Federation and the Government of the Kyrgyz Republic on the construction and operation of the Upper Naryn cascade of hydroelectric power plants // SZ RF. 2013. No. 32. 820

At a meeting of the Commission on the Strategy for the Development of the Fuel and Energy Complex and Environmental Safety on July 10, 2012, President of the Russian Federation Vladimir Putin stressed that special attention should be paid to the development of energy cooperation with the CIS countries, the possibilities of reaching a new mutually beneficial level of partnership in the country dimension, in particular with Kyrgyz Republic. The President of the Russian Federation pointed to such large-scale projects as the construction of the Kambarata HPP-1, hydroelectric power plants of the Upper Naryn cascade of HPPs, and noted that specific projects of strategic importance and serious investment potential should be submitted for consideration by the Commission.821

Of the sectoral international agreements in the field of electricity, concluded between the CIS countries, it should be noted, in particular, the Agreement on the coordination of interstate relations in the field of electricity of the Commonwealth Independent States of February 14, 1992 (as amended on November 22, 2007); 822 Agreement on the formation of a common electric power market of the member states of the Commonwealth of Independent States of May 25, 2007 823; Agreement on the Transit of Electricity and Power of the Member States of the Commonwealth of Independent States dated 25.01.2000824; Agreement on ensuring parallel operation of electric power systems of the member states of the Commonwealth of Independent States dated November 25, 199825.

It should also be borne in mind that on May 29, 2014, the Treaty on the Eurasian Economic Union was signed in Astana826. According to clause 1 of article 81 of the Treaty on EU-

820 Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan dated 11.09.2009 on the construction and subsequent operation of the third block of the Ekibastuz GRES-2 // Bulletin of international agreements. 2011. No. 12.

821 http://state.kremlin.ru/comission/29/news/15912 Speech by the President of the Russian Federation Vladimir Putin at the meeting of the Commission on the Strategy for the Development of the Fuel and Energy Complex and Environmental Safety on July 10, 2012.

822 Agreement on the Coordination of Interstate Relations in the Field of Electric Power Industry of the Commonwealth of Independent States dated February 14, 1992 // Bulletin of International Treaties. 1993. No. 1.

823 Agreement on the Formation of a Common Electricity Market of the Member States of the Commonwealth of Independent States dated May 25, 2007 // Bulletin of International Treaties. 2008. No. 12.

824 Agreement on the transit of electrical energy and capacity of the member states of the Commonwealth of Independent States dated 01.25.2000 // Bulletin of international treaties. 2001. No. 6.

825 Agreement on ensuring the parallel operation of the electric power systems of the member states of the Commonwealth of Independent States of 11/25/1998 // Bulletin of international treaties. 2012. No. 8.

826 See the text of the agreement and annexes to the agreement. Official website of the Eurasian Economic Commission http://www.eurasiancommission.org/

	Energy law

SECTION IV. LEGAL REGULATION IN THE FIELD OF ELECTRICITY

In the Asian Economic Union, the member states carry out a phased formation of a common electric power market of the Union on the basis of parallel operating electric power systems, taking into account the transitional provisions provided for in paragraphs 2 and 3 of Article 104 of this Agreement.

In accordance with clause 2 of Article 104 of the Treaty on the Eurasian Economic Union, in order to form a common electric power market of the Union, the Supreme Council will approve by July 1, 2015, a concept, and by July 1, 2016, a program for the formation of a common electric power market of the Union, providing for a period of up to July 1, 2018. According to clause 3 of this article, upon completion of the implementation of the activities of the program for the formation of the common electric power market of the Union, the member states will conclude an international agreement within the Union on the formation of the common electric power market of the Union, including uniform rules access to the services of natural monopoly entities in the electric power industry, and will ensure its entry into force no later than July 1, 2019.

It should also be noted that, in accordance with clause 1 of Article 82 of the Treaty on the Eurasian Economic Union, within the limits of the available technical capability, the member states provide unhindered access to the services of natural monopoly entities in the electric power industry, subject to the priority use of these services to meet internal needs for electric power. energy (capacity) of the Member States in accordance with uniform principles and rules in accordance with Appendix No. 21 to this Agreement. According to clause 2 of the said article the principles and rules of access to services of natural monopoly entities in the electric power industry, including the principles of pricing and tariff policy, set forth in Appendix No. 21 to this Agreement, apply to the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation. In case new members join the Union, the corresponding changes are made to the specified annex.

V Within the framework of this paragraph, I would also like to note the importance of acts of the self-regulatory organization Market Council. Acts of the Market Council are essential in the regulation of public relations in the electric power industry due to special public powers delegated by the legislator. According to clause 1 of article 33 of the Federal Law of 26.03.2003 No. 35FZ "On the Electricity Industry", the objectives of the Market Council are to ensure the functioning of the commercial infrastructure of the market, the effective interconnection of the wholesale and retail markets, the formation of favorable conditions for attracting investments in the electric power industry and the presence of a common position of the participants wholesale and retail markets in the development of regulatory documents governing the functioning of the electric power industry, organizing, on the basis of self-regulation, an effective system of wholesale and retail trade in electricity, capacity, other goods and services admitted to circulation in the wholesale and retail markets, in order to ensure the energy security of the Russian Federation, unity of economic space, freedom of economic activity and competition in the wholesale and retail markets, maintaining a balance of interests of producers and buyers of electricity and capacity, meeting public needs for reliable and stable supply of electrical energy.

V in accordance with clause 3 of article 33 of the Federal Law of 26.03.2003 No. 35-FZ "On the Electricity Industry" The Market Council carries out, among other things, such functions as: determining the procedure for maintaining and maintaining the register of wholesale market entities, deciding on the assignment or deprivation of the status of a wholesale market entity; development of a form of an agreement on joining the wholesale market to the trading system, regulations of the wholesale market, standard forms of contracts ensuring the implementation of trade in the wholesale market of electric energy, capacity, other goods circulated on the wholesale market, as well as the provision of services related to circulation specified goods in the wholesale market; establishment of a system and procedure for the application of property

and other sanctions against the subjects of the wholesale market, including exclusion from their composition. Market Council Acts are posted on the official website 827 .

827 See http://www.np-sr.ru/; see also a common part... Section I. Chapter 2. S. 80-81.

	Energy law

"

Key events in the field of legal regulation of the energy sector

The Government of the Russian Federation issued Decree of February 14, 2012 No. 124 "On the Rules binding on the conclusion of contracts for the supply of utility resources for the provision of utility services"

The Government of the Russian Federation issued Resolution No. 154 dated February 22, 2012 "On requirements for heat supply schemes, the procedure for their development and approval"

The Government of the Russian Federation issued Decree No. 253 of March 28, 2012 "On the requirements for making payments for resources necessary for the provision of utilities"

The Government of the Russian Federation issued Resolution No. 258 of 28.03.2012 "On Amendments to the Rules for Establishing and Determining Standards for the Consumption of Utilities"

The Government of the Russian Federation issued Resolution No. 307 of 16.04.2012 "On the Procedure for Connecting to Heat Supply Systems and on Amending Certain Acts of the Government of the Russian Federation"

The Government of the Russian Federation issued Decree No. 442 dated May 4, 2012 "On the functioning of retail electricity markets, full and (or) partial limitation of the electricity consumption regime"

The Government of the Russian Federation issued Resolution No. 808 dated August 8, 2012 "On the organization of heat supply in the Russian Federation and on amendments to some acts of the Government of the Russian Federation"

The Government of the Russian Federation issued Resolution No. 857 of August 27, 2012 “On the specifics of the application in 2012-2014 of the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings "

The Government of the Russian Federation issued Resolution No. 889 of September 6, 2012 "On the removal of heat sources and heating networks for repair and from operation"

The Government of the Russian Federation issued Decree No. 1075 of October 22, 2012 "On Pricing in the Sphere of Heat Supply"

The Government of the Russian Federation issued Resolution No. 1149 dated 08.11.2012 "On Amendments to the Principles of Pricing in the Field of Activities of Communal Complex Organizations"

Key judicial precedents in the energy sector

The decision of the Supreme Arbitration Court of the Russian Federation of 08.02.2012 No. VAS-13754

The main theses of the solution:

1. From the content of paragraph 88 of the Basic Provisions for the Functioning of Retail Electricity Markets (hereinafter referred to as the Basic Provisions of Retail Markets), approved by Decree of the Government of the Russian Federation No. purchase electrical energy only when directly managing an apartment building, while when managing an apartment building by a managing organization, citizens-consumers consume the power supply service on the basis of contracts concluded in accordance with the housing legislation of the Russian Federation.

2. The settlement itself in paragraph 64 of the Basic Regulations for Retail Markets (found in Section IV, which sets out the rules for the operation of guaranteeing suppliers in the retail markets and the rules for concluding public contracts with guaranteeing suppliers and their execution) of the procedure for confirming the existence of contractual relations between a citizen-consumer and a guaranteeing supplier cannot confirm the impossibility of concluding an energy supply contract with another energy supply organization by a citizen-consumer. From the text of paragraphs 178 and 179 it directly follows that they apply to any initiators of limiting the power consumption regime, regardless of whether he is a guaranteeing supplier or another energy supplying organization.

3. By virtue of paragraph 4 of Article 539 of the Civil Code of the Russian Federation, the rules of paragraph 6 of Chapter 30 of the said Code, which contains Article 546, apply to relations under a contract for the supply of electrical energy, unless otherwise provided by law or other legal acts. Since, by virtue of clause 7 of Article 38 of the Federal Law of March 26, 2003 N 35-FZ "On the Electric Power Industry", the Government of the Russian Federation is authorized to approve the procedure for the complete and (or) partial limitation of the regime of electricity consumption by consumers in case of violation of their obligations, which is subject to application also in case of non-fulfillment of obligations to pay for electricity, clause 178 of the Basic Provisions of Retail Markets is subject to the relationship to limit the regime of consumption of electricity, allowing such a restriction in the event of non-fulfillment or improper fulfillment by citizens-consumers of their obligations to pay for energy, and not Article 546 Of the Civil Code of the Russian Federation, which does not mention such a right of the energy supplying organization.

4. The right to suspend or restrict the supply of electricity to the citizen consumer is vested not only with the energy supplying organization with the direct management of an apartment building (paragraph 178 of the Basic Provisions of Retail Markets), but also with the utility service provider with other methods of management (subparagraph "e" of paragraph 50 of the Rules for Provision utilities)

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 28, 2011 No. 8433/11 in case No. A09-35484 / 2010

1. Application of one of the tariffs established by the authorized state body, not related to the inclusion of additional payments to the established tariff in the calculation of payment, cannot be considered as a violation of the pricing procedure.

2. By virtue of subparagraphs 5.3.4 and 5.3.10 of the Regulation on the FTS of Russia, control over the application of state regulated prices (tariffs) for electric and heat energy, tariffs and surcharges of utility companies and conducting inspections economic activity organizations carrying out activities in the field of regulated pricing, in terms of the validity and correctness of the application of these prices (tariffs), as well as consideration of disagreements arising between the executive authorities of the constituent entities of the Russian Federation in the field of state regulation of tariffs in the electric power industry, organizations carrying out regulated activities, and consumers, and making decisions that are binding, with the exception of disputes related to the establishment and application of fees for technological connection and (or) standardized tariff rates that determine the amount of this fee, are within the powers of the Federal Tariff Service.

Thus, the decision of the antimonopoly authority and the prescription based on it (due to the use of the RNO in terms of the power supply of the pumping station owned by the HOA, designed to increase the pressure of cold water, the tariff "other consumers") were made with excess of authority

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of February 28, 2012 No. 14489/11

The main theses of the resolution:

1. By imposing on the public law entity the obligation to compensate the losses of the energy supplying organization resulting from the failure to take measures to allocate the required amount of subsidies (taking into account the tariffs established by the regional tariff body below economically justified), the courts did not take into account the fact that the tariffs for the population were not challenged or invalidated in accordance with the established procedure. In addition, the energy supplying organization applied the tariffs during 2008-2009, while it filed a claim with the arbitration court only in June 2010, which contributed to the increase in the amount of damages, the recovery of which was the subject of the dispute.

2. Imposing responsibility on a public law entity for losses incurred by the company without examining the issue of compliance with the law or other legal act of an act of a state body of this public education that approved the disputed tariffs does not meet the conditions, in the presence of which compensation for harm caused to a citizen or legal entity as a result of illegal actions(inaction) of state bodies, bodies local government or officials these bodies according to the rules of Articles 16 and 1069 of the Civil Code of the Russian Federation

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 06.03.2012 No. 14340/11

The main theses of the resolution:

1. Having established that all electrical energy purchased by the club is used by citizens who own the premises for storing boats and small vessels exclusively for household needs, the courts, while satisfying the stated requirements, allowed a broad interpretation of the list of non-profit associations of citizens, equated to the “population” tariff group. This interpretation corresponds to the one established by clause 27 of the Methodological Guidelines for the Calculation of Regulated Tariffs and Prices for Electric (Thermal) Energy in the Retail (Consumer) Market, approved by Order of the Federal Tariff Service of Russia dated 06.08.2004 No. 20-e / 2 (hereinafter referred to as the Methodological Instructions), general criterion assignment of consumers of electric energy to the category of "population", which consists in the use of this energy for household needs.

2. Non-mentioning in the Methodological Instructions, in addition to associations of citizens-owners of premises for storing cars (garages), also associations of citizens-owners of premises for storing boats and small-sized vessels (sheds) among non-profit associations of citizens equated to the category of consumers “population” cannot be the basis for refusal to classify the club as a specified category of consumers, if the mentioned citizens use electric energy exclusively for household needs not related to their entrepreneurial activities

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 13.03.2012 No. 14594/11 in case No. A21-4681 / 2010

The main thesis of the resolution:

Within the meaning of clauses 1 and 2 of article 539, clause 1 of article 544 and clause 1 of article 548 of the Civil Code of the Russian Federation, the subscriber is obliged to pay to the energy supplying organization the actually received amount of heat energy supplied to the subscriber's power receiving device connected to the networks of the energy supplying organization.

When establishing the fact of disconnection of the subscriber's power receiving devices from the networks of the energy supplying organization, there are no legal grounds for satisfying the requirement of such an organization to pay for the energy supplied to the network after disconnection. The corresponding power supply contract under such conditions should be considered terminated by the impossibility of execution (Article 416 of the Civil Code), and the property consequences for the parties associated with the termination of the contract should be determined in relation to the rules of paragraph 1 of Article 547 of the Code

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 24.04.2012 No. 16452/11 in case No. A13-14661 / 2009

The main thesis of the resolution:

Confession normative act invalid from the date of entry into force of a court decision should not provide an opportunity for a person who is a recipient of payments on the basis of an illegal normative act to receive them for the period before the entry into force of a decision of an arbitration court on recognizing a normative act as invalid

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of March 27, 2012 No. 13881/11 in case No. A19-966 / 2011

The main thesis of the resolution:

Owners and other legal owners of power grid facilities, through which the consumer's power receiving device is indirectly connected to the power grids of the grid organization, are not entitled to prevent the flow of electric energy through their facilities for such a consumer and demand payment for this. Such persons have the right to provide services for the transmission of electrical energy after setting a tariff for them for these services.

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 05.04.2012 No. 15417/11 on case No. A79-7518 / 2010

The main theses of the resolution:

1. Responsibility for violation of the quality and procedure for the provision of utilities is assigned to the contractor of utilities, who can be relieved of responsibility for deterioration in the quality of utilities, if he proves that it happened due to force majeure circumstances, which do not include, in particular, violation of obligations from the contractor's counterparties. Consequently, it is the contractor of utilities that is obliged to provide the residents of an apartment building with a hot water supply of proper quality that meets sanitary and technical requirements.

2. The contractor of utilities is also responsible for the choice of a contractor supplying utilities used by the contractor of utilities in order to provide the named services to citizens. This is in line with what is stipulated in the legislation. legal status a utility contractor as a person obliged, on the one hand, to independently produce or purchase from resource supplying organizations the utility resources necessary to provide utility services to consumers, and on the other hand, to provide consumers with utility services of adequate quality, safe for their life, health and not causing harm to their property.

3. The release of the utility service provider from liability for non-compliance with sanitary and technical requirements for the regime, volume and quality of the provision of utility services burdens the consumers of utilities with the need to apply for the protection of their rights and legitimate interests to other persons with whom they are not associated with any legal relationship

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 06.03.2012 No. 12701/11 on case No. A65-21936 / 2010

The main thesis of the resolution:

The decree of the local self-government body, which determines the beginning of the heating season in the municipal area, is applied once and does not have the signs of a normative legal act, since it does not establish legal norms (rules of conduct) binding for an indefinite circle of persons. This decree is individualized and creates obligations for specific economic entities listed in it to take measures to release heat into residential buildings and social facilities

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 17.04.2012 No. 15894/11 in case No. A45-240 / 2011

The main theses of the resolution:

1. Provision by the utility service provider (IKU) of collecting payments for consumed electricity from end consumers (population) in the interests of the resource supplying organization (RSO) is not provided for by the current legislation. IKU, collecting utility bills from the population, performs its own duty imposed on it by legislation and management contracts, which cannot be regarded as an action in someone else's interest, including in the interest of the RNO.

2. The legislation does not provide for peremptory rules requiring RNO to pay specific categories subscribers (in particular, IKU) commissions (including in the event that such subscribers are not end consumers of energy).

3. The legal nature of the energy supply agreement excludes the simultaneous existence of the subscriber's obligations to pay for energy and provide the energy supplying organization with services to receive funds from end consumers for this payment

The decision of the Supreme Arbitration Court of the Russian Federation of June 25, 2012 in case No. VAS-2243/12

The Supreme Arbitration Court of the Russian Federation refused to satisfy the application for recognizing the fifth paragraph of clause 116 and the tenth paragraph of clause 123 of the Rules for the wholesale electricity and capacity market, approved by Decree of the Government of the Russian Federation No. legal acts that have great legal force and are invalid

The decision of the Supreme Arbitration Court of the Russian Federation of June 29, 2012 No. VAS-4747/12

By a decision of June 29, 2012 No. VAS-4747/12, the Supreme Arbitration Court of the Russian Federation invalidated para. 1 and para. 4 clause 7 of the Methodological Guidelines for the Calculation of Tariffs and Surcharges in the Field of Activities of Communal Complex Organizations, approved by order of the Ministry of Regional Development of the Russian Federation of 15.02.2011 No. 47

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 07.06.2012 No. 1009/11 in case No. A13-223 / 2010

The main theses of the resolution:

1. Participants in the wholesale electric energy (capacity) market (WEM), allied to the applicant (applying for the status of a wholesale market entity), are obliged to agree to the applicant lists of measuring instruments for commercial accounting purposes and an agreement on information exchange within 30 (thirty) calendar days from the date receiving them. The need for such approval is due not only to the obligation of a legal entity applying for the status of a WEM entity to submit these documents to gain access to the services of an administrator (organizing a commercial infrastructure), but also to the obligation of a WEM participant to ensure such approval.

Lack of approval may result in the applicant's denial of access to the administrator's services and in obtaining the status of a WEM entity.

2. A reference to the applicant's ability to agree on the List of measuring instruments by contacting the Supervisory Board of NP Market Council and to the fact that the refusal of the WEM participant in approval is not an insurmountable obstacle to the applicant's access to the wholesale market is unreasonable, since there is another possibility of agreeing on the List of means measurements, as well as the surmountability of the obstacles created cannot affect the legal qualification of the actions of the WEM participant, as creating obstacles for the applicant to enter the WEM. In addition, when using the alternative possibility of harmonizing the List of measuring instruments, a temporary barrier to entry into the market arises.

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of June 19, 2012 No. 2321/12 on case No. A41-3794 / 11

The main theses of the resolution:

1. Based on clause 107 of the Rules for the functioning of retail electricity markets during the period of reforming the electric power industry, approved by Decree of the Government of the Russian Federation No. 530 of August 31, 2006 (hereinafter referred to as the Rules), power sales organizations that are not related to those specified in clause 106 of the Rules sell electrical energy ( capacity) in retail markets in territories united into price zones of the wholesale market, at prices and in the amount determined by agreement of the parties to the relevant agreements. At the same time, the provisions of clauses 108 - 111 of the Rules do not apply to them.

Thus, the procedure provided for in clauses 108.2 and 109 of the Rules applies to energy sales organizations, the buyers of which include citizens-consumers and groups (categories) of consumers equated to them in the field of tariffs. It is designed for those who have the right to buy electricity at regulated prices in the volumes supplied to the population and equivalent categories of consumers.

2. Recognition as invalid of the electricity transmission agreement concluded by the energy sales company with the grid organization, in itself cannot prevent the application of the contractual methodology and the calculation of the cost of the amount of electricity payable under the energy supply agreement signed between the energy sales company and the consumer

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 24, 2012 No. 3993/12 on case No. A41-17924 / 11

The main theses of the resolution:

1. The relationship between a resource-supplying organization that sells utilities and a utility service provider that purchases utilities and is responsible for maintaining the internal engineering systems using which utilities are provided to the consumer, the requirement of paragraph 8 of the Rules for the provision of utilities applies, by virtue of which the terms of the contract on the acquisition of communal resources and wastewater disposal (reception (discharge) of wastewater), concluded by the contractors of communal services with resource supplying organizations in order to provide the consumer with communal services, should not contradict the aforementioned Rules and other regulatory legal acts of the Russian Federation.

The interpretation of the specified paragraph of the Rules for the provision of utilities as a norm excluding the imposition of the obligation on the executor of utilities to pay for the utilities purchased by him in a larger volume and cost than is provided for by the aforementioned Rules for citizens living in multi-apartment residential buildings - consumers of the relevant services, has been repeatedly confirmed By the Presidium of the Supreme Arbitration Court of the Russian Federation (decisions of 21.04.2009 No. 15791/08, of 09.06.2009 No. 525/09, of 15.07.2010 No. 2380/10).

Thus, the conclusion about the inapplicability of the Rules for the provision of utilities to the contract between the contractor of utilities and the resource supplying organization contradicts the direct instruction contained in paragraph 8 of the named Rules.

2. Part 14 of Article 155 of the Housing Code of the Russian Federation establishes the obligation of persons who untimely and (or) did not fully pay for housing and utilities (debtors), to pay the creditor a penalty in the amount of one three hundredth of the refinancing rate The Central Bank Of the Russian Federation, effective at the time of payment, from amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual payment, inclusive. At the same time, an increase in the amount of penalties established in this part is not allowed.

These penalties by their legal nature are a legal penalty, an increase in the amount of which, by agreement of the parties, is allowed in accordance with paragraph 2 of Article 332 of the Civil Code of the Russian Federation only if the law does not prohibit it.

By virtue of the cited norms of housing and civil legislation, the contractor of utilities cannot be held liable for untimely and (or) incomplete payment of utilities purchased from the resource-supplying organization in the form of penalties in excess of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in effect at the time payment, amount.

The fact that the applicability of the provisions of the Housing Code of the Russian Federation on the amount of liability for non-fulfillment or improper fulfillment of an obligation to the relations of the parties is based on the Rules for the provision of utilities as a subordinate normative legal act, does not affect the nature of the limitation of the amount of penalties established by part 14 of Article 155 of the Housing Code of the Russian Federation as provided for by federal law prohibition on increasing the amount of the legal penalty by agreement. Consequently, the conclusion that the Rules for the Provision of Utilities does not prohibit the establishment of a contractual penalty in contracts concluded between the provider of utilities and a resource supplying organization does not comply with the stated norms of law in the part that allows the establishment of penalties in the said contracts in excess of that provided for in part 14 article 155 of the RF LC for citizens - consumers of utilities, in the amount of

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 17.07.2012 No. 2504/12 on case No. A81-1951 / 2011

The main theses of the resolution:

Direction (according to the requirement of part 10 of article 13 of the Federal Law of 23.11.2009 No. 261-FZ "On energy saving and on increasing energy efficiency and on amending certain legislative acts of the Russian Federation" (FZ No. 261)) by a resource supplying organization (RSO) to the address of utility service providers (IKU), with whom the RNO have concluded resource supply agreements, proposals for equipping IKU facilities (specified in parts 4, 5, 6 of Article 13 of the Federal Law No. 216, in particular, multi-apartment residential buildings) with collective (common house) metering devices expense is the proper fulfillment of the requirements of Part 10 of Art. 13 ФЗ № 261.

Additional information from the RNO of the owners of premises in apartment buildings is not required, since according to Part 10 of Art. 13 Federal Law No. 261, IKU, as persons responsible for the maintenance of apartment buildings, are obliged to inform the owners of premises in apartment buildings about the proposals received for equipping apartment buildings, premises in them with metering devices for used energy resources, as well as about the timing of equipping with metering devices for used energy resources ...

Under such circumstances, the fact of failure to notify the owners of premises in apartment buildings by the RNO is not a reason for involving RNOs in the provision of Part 6 of Article 9.16 of the Code of Administrative Offenses of the Russian Federation administrative responsibility for non-compliance with the requirements of Part 10 of Art. 13 ФЗ No. 261

The decision of the Supreme Arbitration Court of the Russian Federation of 17.09.2012 No. VAS-9586/12

The main theses of the solution:

According to clause 6 of the Procedure for stopping or restricting the supply of electricity and gas to organizations - consumers in case of non-payment for the fuel and energy resources supplied (used by them), approved by the Decree of the Government of the Russian Federation dated 05.01.1998, No. 1, in cases where the networks belonging the consumer organization, subscribers are connected who timely pay for the used fuel and energy resources, the consumer organization is obliged, by agreement with the gas supplying organization, to ensure the supply of fuel and energy resources to these subscribers in the volumes necessary for them.

Within the meaning of this provision, the consumer organization is obliged to provide subscribers connected to its networks, which timely pay for the used fuel and energy resources, of these resources in the volumes necessary for them.

At the same time, relations regarding the supply of the volumes of fuel and energy resources necessary in such a situation should be regulated on the basis of the relevant agreements between resource supplying organizations and consumer organizations. The initiative to conclude such an agreement and responsibility for failure to provide bona fide subscribers with fuel and energy resources in this case lies with the consumer organization, as it has information about such subscribers and their number.

The existence of an agreement is mandatory and must precede the termination of gas supply to consumer organizations by resource supplying organizations in order to avoid violating the rights of these subscribers, in particular, to receive utilities.

The agreement is of a civil nature and should be considered as a change by the parties to the terms of a previously concluded supply agreement in terms of determining the volumes and timing of the supply of energy resources, the legal regulation of which is provided for by Chapter 29 of the Civil Code of the Russian Federation