Electric Energy and Capacity as Objects of Contracts in the Wholesale Electricity and Capacity Market
( Pp. 220-226)
More about authors
Yulia S. Bakhtina
postgraduate student, Department of Entrepreneurial and Corporate Law
Russian State University of Justice
Moscow, Russian Federation
Russian State University of Justice
Moscow, Russian Federation
Abstract:
In the article, the authors consider the problem of determining the legal nature of electric energy and capacity as objects of contracts in the wholesale electricity and capacity market of the Russian Federation. The lack of a uniform approach to the definition of electric energy and power as objects of property or obligation law is the cause of great disagreement both in theory and in practice. The authors analyze the existing doctrinal concepts and the established judicial practice of qualifying electric energy and power as objects of rights under civil and special legislation in the field of electric power industry. The authors come to the conclusion that the definition of the legal nature of electrical energy as a thing is applicable exclusively to the group of contracts for the purchase and sale (supply) of electrical energy and power, as a result of the provision of services – to contracts for the provision of services for the transmission of electrical energy and technological connection. Recognition of capacity as an independent object of the contract is applicable for a separate and named contract for the supply of capacity.
How to Cite:
Bakhtina Yu.S. Electric Energy and Capacity as Objects of Contracts in the Wholesale Electricity and Capacity Market. Sociopolitical Sciences. 2024. Vol. 14. No. 4. Pр. 220–226. (In Rus.). EDN: PVJHCI
Reference list:
Andreev V.A., Baronin S.A., Savinov I.O., Tolstykh Yu.O. Competitive wholesale and retail electricity markets in Russia: Monograph. S.A. Baronin (gen. ed.). Moscow: INFRA-M, 2018. 261 p.
Agarkov M.M. In a row. Text and commentary to articles 220–235 of the Civil Code. In: Civil law: Textbook. In 3 vols. A.P. Sergeev, Yu.K. Tolstoy (eds.). Moscow, 1924. Vol. 2.
Akimov L.Yu., Gadzhiev G.A. On the ownership of electricity. Business Law. 2022. No. 3. (In Rus.)
Belov A.V. Civil law. Actual problems of theory and practice. In 2 vols. A.V. Belov (gen. ed.). 2nd ed., ster. Moscow: Yurayt Publishing House, 2016. Vol. 1.
Pobedonostsev K.P. Course of civil law. The first part: Patrimonial rights. Moscow, 2002.
Shershenevich G.F. Course of civil law. Tula, 2001.
Guseva A.A. The object of vindication: Problems of law enforcement. Current Problems of Russian Law. 2021. No. 4. (In Rus.)
Korneev S.M. The legal nature of the energy supply contract. Law. 1995. No. 7. (In Rus.)
Lakhno P.G. Energy law of the Russian Federation: Formation and development. Moscow: Moscow University Press, 2014. P. 114.
Matiyashchuk S.V. Electric energy and power as special objects of civil turnover: Issues of theory and practice. Journal of Russian Law. 2008. No. 12. Pp. 94–99. (In Rus.)
Nestoliy V.G. The power supply contract – an independent institute of civil law. Siberian Law Herald. 2003. No. 3. (In Rus.)
Svirkov S.A. Legal qualification of energy as an object of civil rights. Lex Russica. 2012. No. 3. (In Rus.)
Symbolokov O.A. Contracts in the electric power industry: Problems of theory and practice. Monograph. Moscow: Infotropik Media, 2021.
Tebenkova S.A. Electric energy as an object of civil rights. Bulletin of the Udmurt University. 2013. Issue 4. P. 186. (In Rus.)
Agarkov M.M. In a row. Text and commentary to articles 220–235 of the Civil Code. In: Civil law: Textbook. In 3 vols. A.P. Sergeev, Yu.K. Tolstoy (eds.). Moscow, 1924. Vol. 2.
Akimov L.Yu., Gadzhiev G.A. On the ownership of electricity. Business Law. 2022. No. 3. (In Rus.)
Belov A.V. Civil law. Actual problems of theory and practice. In 2 vols. A.V. Belov (gen. ed.). 2nd ed., ster. Moscow: Yurayt Publishing House, 2016. Vol. 1.
Pobedonostsev K.P. Course of civil law. The first part: Patrimonial rights. Moscow, 2002.
Shershenevich G.F. Course of civil law. Tula, 2001.
Guseva A.A. The object of vindication: Problems of law enforcement. Current Problems of Russian Law. 2021. No. 4. (In Rus.)
Korneev S.M. The legal nature of the energy supply contract. Law. 1995. No. 7. (In Rus.)
Lakhno P.G. Energy law of the Russian Federation: Formation and development. Moscow: Moscow University Press, 2014. P. 114.
Matiyashchuk S.V. Electric energy and power as special objects of civil turnover: Issues of theory and practice. Journal of Russian Law. 2008. No. 12. Pp. 94–99. (In Rus.)
Nestoliy V.G. The power supply contract – an independent institute of civil law. Siberian Law Herald. 2003. No. 3. (In Rus.)
Svirkov S.A. Legal qualification of energy as an object of civil rights. Lex Russica. 2012. No. 3. (In Rus.)
Symbolokov O.A. Contracts in the electric power industry: Problems of theory and practice. Monograph. Moscow: Infotropik Media, 2021.
Tebenkova S.A. Electric energy as an object of civil rights. Bulletin of the Udmurt University. 2013. Issue 4. P. 186. (In Rus.)
Keywords:
electrical energy, power, object of civil rights, thing, good.
Related Articles
History and Theory of Politics Pages: 13-28 DOI: 10.33693/2223-0092-2023-13-5-13-28 Issue №24646
Theoretical Approaches to the Study of Social Consensus
public consensus
power
coercion
political elites
interest groups
Show more
Social and Political Philosophy Pages: 148-152 DOI: 10.33693/2223-0092-2023-13-4-148-152 Issue №23217
N.O. Lossky on State Power: Cognitive Analysis and Modern Context
N.O. Lossky
power
Russia
monarchy
democracy
Show more
13. OTHER Pages: 433-437 Issue №8598
LAW AS A FACTOR IN POLItics
right
policy
power
the state
the legitimation of policy
Show more
10. INTERNATIONAL PUBLIC LAW Pages: 285-288 Issue №3370
TO A QUESTION ABOUT THE CONTENT OF REGIONAL POLICY (RUSSIA-FRANCE)
region
policy
problems
model
experience
Show more
13. OTHER Pages: 292-295 Issue №4748
JUSTICE, GLOBALIZATION, ELITE: REASONS, PROBLEMS, PERSPETIVES
wealth
power
policy
hegemony
globalization
Show more
12. OTHER Pages: 210-214 Issue №5413
PROBLEMS OF PRACTICE FRENCH REGIONALISM RUSSIA
regionalism
model
region
center
policy
Show more
3. Constitutional law; Constitutional judicial process; Municipal law Pages: 181-197 Issue №7907
The content and typology of global constitutionalism as a social concepts
the socio-philosophical concept
global constitutionalism
globalization
typology
neoliberalism
Show more
12. Constitutional law; Constitutional judicial process; Municipal law Pages: 193-195 Issue №9089
THE CONSTITUTIVE NATURE OF INFORMATION POWER IN THE SOCIAL SPACE OF THE INFORMATION SOCIETY
post-industrial society
power
information
the power of information
Media
Show more
11. Theory and history of law and state; History of law and State teachings Pages: 175-180 Issue №9089
ON THE ROLE AND PLACE OF THE COSSACKS IN THE FORMATION OF THE UKRAINIAN STATE
ethnicity
Cossacks
bar
power
history
Show more
6. Political Science Pages: 174-176 Issue №6158
POLITICAL ALIENATION IN THE MODERN WORLD
political exclusion
trend
trust
power
people
Show more