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ON THE LEGAL STATUS OF PERSONS PARTICIPATING IN THE CASE ON THE DISPUTES IN THE FIELD OF ENERGY

TRIBUNE OF YOUNG SCIENTIST


M.A. ZHELAEV

M.A. ZHELAEV,
Postgraduate Student of the Department of Environmental, Labor Law and Civil Procedure
of the Kazan (Volga Region) Federal University

DOI: 10.24031/2226-0781-2019-9-3-192-200

Energy is one of the most significant areas of the Russian economy and human activity in
general. The shortcomings of legal regulation in this area are correspondingly reflected in
relations between the subjects of energy. Often, the regulatory uncertainty of the status of
certain participants in energy relations does not allow them to fully protect their rights,
the lack of regulation of substantive law affects the procedural law, which is reflected in the
difficulties of administering justice. Therefore, it is fundamentally important to identify
correctly the appropriate parties in the energy sector cases. The task of determining the
composition of the persons involved in the case undoubtedly lies with the court, since
the resolution of the dispute without any person participating in the case may lead to
the violation of the rights of such person or the imposition of a number of duties on him,
which, in turn, may result in the abolition of the judgment. This article is devoted to the
determination of the subjects who may act in energy disputes as persons involved in the
case. The author comes to the conclusion that due to the existing uncertainty in the status
of subjects in disputes related to energy law relations, it is obvious that the court’s task
becomes much more complicated if it encounters conflicts in the substantive law relating
to the unresolved status of certain individuals, and also when determining the need to
involve third parties in the case by the plaintiff or the defendant.

Keywords: energy; subject of energy supply; energy supply organization; generating
company; consumer; subscriber.

References

Klein N.I. Making a Decision on Forcing the Dominant Position of an Economic
Entity to Conclude an Agreement with the Consumer for the Supply of Thermal Energy.
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Connection to Electric Grids. URL: http://zhane.ru/images/stories/Material/
akriprisoedinen.pdf. (In Russian)
Kuryanova Yu.Yu. Subscriber and Consumer as a Party to an Energy Supply Contract.
Taxes, 2011, no. 11. (In Russian)
Matiyashchuk S.V. Give the Status of the Heating System! Ezh-Lawyer, 2014, nos. 16–
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Matiyashchuk S.V. Legal Regulation of Relations on the Transfer of Heat: The Necessary
Changes in Legislation and Judicial Practice. Legal Energy Forum, 2015, no. 1.
(In Russian)
Nikolina O.A. Parties to an Energy Supply Contract. Legislation and Economics,
2006, no. 12. (In Russian)
Osipchuk E.L. The Contract of Power Supply in the System of Contractual Relations
on the Russian Electricity Market: Thesis for a Candidate Degree in Law Sciences.
Moscow, 2004. (In Russian)
Zhane A.D. The Subject of the Contract of Energy Supply. Ezh-Lawyer, 2003, no. 2.
(In Russian)

Information about the author

Zhelaev M.A. (Kazan, Russia) – Postgraduate Student of the Department of Environmental,
Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University
(18 Kremlyovskaya St., Kazan, 420008, Russia; e-mail: Gelai2008@yandex.ru).

Recommended citation

Zhelaev M.A. On the Legal Status of Persons Participating in the Case on the Disputes
in the Field of Energy. Herald of Civil Procedure, 2019, vol. 9, no. 3, p. 192–200. (In
Russian). https://doi.org/10.24031/2226-0781-2019-9-3-192-200

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