PECULIARITIES OF CONCLUSION OF THE HEAT ENERGY SUPPLY AGREEMENT IN THE LEGISLATION OF THE REPUBLIC OF BELARUS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
In this article, we consider the range of the main theoretical and practical problems in concluding a contract for the supply of thermal energy in the legislation of the Republic of Belarus. In addition, the article reveals the essence of the contract of thermal energy. In the process of research, the author points out the need to improve legislation in the field of law under study. By making constant changes in the law, the legislator seeks to “get away” from the usual terms (power supply organization, subscriber, sub-subscriber). Meanwhile, “a change in terminology is not in itself a solution to the problems of sub-subscribers and subscribers. For example, it is not possible to unambiguously decide, which type of contract should be concluded between the sub-subscriber and the subscriber, given that the subscriber is not a “power supply organization”. To solve this problem, in our opinion, it is possible by including in the CC of the Republic of Belarus provisions containing the concepts of “subscriber” and “sub-subscriber” by adding Articles 510 and 516 of the CC of the Republic of Belarus, where the subscriber (consumer) is a person purchasing from the energy supplying organization (seller) electric and (or) thermal energy supplied through the energy network to his power receiving device(s) through the connected network for his own household and (or) production needs and, in cases provided for by the law and by agreement of the parties, also for transferring a part of the purchased energy to a sub-subscriber(s); and a sub-subscriber is a person who physically receives energy through power installations or heat networks of the subscriber (consumer), in turn, directly connected to the networks of the power supplying organization (seller). And the allocation in the CC of the Republic of Belarus of a separate type of energy supply contract – a contract for the transfer and distribution (transit) of energy. In addition, we consider it necessary to expand the list of essential terms of the contract for the supply of thermal energy, enshrined in the rules for the use of thermal energy. We believe that it is necessary to consider essential in the contract for the supply of thermal energy with legal entities in addition to the condition on the subject-matter of the quality, quantity of thermal energy, the mode of its consumption, as well as the condition for ensuring the maintenance and safety of networks and equipment.
Authors and Affiliations
В. С. Гладышев
Keywords
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