Kryvoruchko V. Civil-law regulation of energy supply contracts

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U002614

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

20-06-2017

Specialized Academic Board

Д 64.051.28

V.N. Karazin Kharkiv National University

Essay

Object of the study: civil legal relations arising at the conclusion, modification, termination and execution of energy supply contracts. Purpose: the formation of new scientific and theoretical provisions on civil-law regulation of energy supply contracts, the identification of problems in the application of relevant legal norms for the following formulation of scientific findings and practical recommendations for improving Ukrainian legislation in the field of energy supply. Methods: historical and legal, formal-logical, comparative-legal, analysis and synthesis, legal modeling. Scientific novelty: for the first time it is determined that energy under the contract of energy supply is an incorporeal thing; the concept of the contract of power supply is defined; the thesis is substantiated that useful properties of energy are used only during its use, while energy is transformed in the process of consumption and disappears; electric and thermal energyit is offered to attribute to types of energy under the contract of power supply; it is justified to approve the agreement on the energy supply contract in the treaty system as an independent type of contract due to the existence of specific features peculiar only to it. The doctrinal provisions on the substantiation of the provision on the peculiarities of the physical properties of electric and thermal energy have been further developed, which necessitates of the use of the relevant contract not only for the purpose of regulating legal relationships arising when electricity and heat are supplied to the subscriber, but also for regulating the use of energy received by it. The practical significance of the obtained results is that the proposals, conclusions and recommendations formulated in the study can be used in: the research field as a basis for further scientific development of problems of legal nature, conclusion, execution or cancellation of energy supply contracts; sphere of lawmaking - to improve civil legislation in the field of energy supply; law enforcement activities - in resolving disputes arising from contractual legal relations in the field of energy supply; educational and methodical work - as a material in the preparation of textbooks, methodological recommendations for the course "Civil Law" or special courses on contract law.

Files

Similar theses