УДК 347.4

ORCID: 0000-0003-1479-4756

DOI 10.37566/2707-6849-2024-4(49)-10

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Oleh REZNIK

military serviceman,

Doctor of Law, Professor, Honored Lawyer of Ukraine,

Senior Researcher of the Department of Economic Cybernetics of the Educational and Scientific Institute of Business,

Economics and Management,

Sumy State University

Alla RUBANENKO

assistant judge of the Zarichnyi District Court of Sumy,

Doctor of Philosophy in Law

RIGHTS OF CLOSE RELATIVES AND FAMILY MEMBERS OF PERSONS MISSING UNDER SPECIAL CIRCUMSTANCES: PROBLEMATIC ISSUES AND PROSPECTS FOR RESOLUTION.

In order to study some problematic issues in resolving disputes arising in the field of providing electricity distribution services related to violations of the Rules of the Retail Electricity Market, an analysis of the norms of the current legislation regulating this area of legal relations was carried out, and the existing judicial practice on resolving disputes arising from transactions, in particular, agreements on the provision of electricity distribution services was studied. It was found that the relationships that arise during the purchase and sale of electricity between the electricity supplier (suppliers) and the consumer (for their own consumption), as well as their relationships with other participants in the retail electricity market, are regulated by the Rules of the Retail Electricity Market, which also establish an exhaustive list of possible violations by consumers when using such services. Judicial practice on the consideration of the category of cases on disputes arising from agreements on the provision of electricity distribution services was studied. It has been established that in cases of detection of fixation by indicators of the impact on the electric energy meter of constant (alternating) magnetic or electric fields, damage or absence of indicators, operators of electricity distribution systems are guided by the requirements of clause 8.4.8 of the Rules of the Retail Electricity Market, which corresponds to the number of days (and not minutes, hours). Therefore, it is proposed to amend the Rules of the Retail Electricity Market in terms of determining the period during which the violation was committed, which should be calculated not only in days, but also in minutes, hours, etc., i.e. the real term of the relevant offense, which corresponds to the validity of the period of impact on the commercial metering device. An important issue in disputes arising from contracts for the provision of electricity distribution services is the proof of the fact of impact on commercial metering devices, in particular, in the case of fixation by indicators of the impact on the electric energy meter of constant (alternating) magnetic or electric fields, damage or absence of indicators. Taking into account the fact that in most cases, commercial electricity metering devices are located in an open area and actually make it impossible to identify the real offender, requires a solution at the regulatory level.

Key words: electric energy, consumers, electric energy distribution operator, contract for the provision of electric energy distribution services, liability.

References

On the electricity market: Law of Ukraine dated 13.04.2017 No. 2019-VIII. Information of the Verkhovna Rada of Ukraine. 2017. № 27–28. Art. 312.

On approval of the Rules of the retail electricity market: Resolution of the National Commission for State Regulation in the Energy and Utilities Sectors of March 14, 2018 № 312. URL: https://zakon.rada.gov.ua/rada/show/v0312874-18#n3180 (accessed:  05.12.2024).

On approval of the Code of Commercial Electricity Accounting: Resolution of the National Commission for State Regulation in the Spheres of Energy and Utilities of March 14, 2018 № 311. URL: https://zakon.rada.gov.ua/laws/show/v0311874-18 (accessed: 06.12.2024).

Resolution of the Romenskyi City District Court of Sumy Region dated February 19, 2025 in case № 585/3723/23. Unified State Register of Court Decisions. URL: https://reyestr.court.gov.ua/Review/117271794 (accessed: 06.12.2024).

Civil Procedure Code of Ukraine dated March 18, 2004 No. 1618-IV. Information of the Verkhovna Rada of Ukraine. 2004. № 40–41, 42. Art. 492.