Legal Regulation Of The Supplied And Consumed Energy Resources Metering: Problematic Aspects

Proper legal regulation of energy resources metering is based on the provisions of the Constitution of the Russian Federation set forth in Part 1, Article 9 of the Constitution of the Russian Federation documenting that the land and other natural resources shall be used and protected in Russia as the foundation of life and activity of the peoples inhabiting the corresponding territory, and Article 58 of the Constitution of the Russian Federation establishing the obligation of each person to protect the nature and the environment and treat natural resources with due care. General provisions on the energy resources metering procedure are documented in Article 13 of Federal Law dd. November 23, 2009, No. 261-ФЗ On Energy Saving and Enhancement of Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation. The metering requirements for particular types of energy resources are documented in Federal Law dd. March 26, 2003, No. 35-ФЗ On the Electric Power Industry, Federal Law dd. July 27, 2010, No. 190-ФЗ On Heat Supply, the Housing Code of the Russian Federation, and in subordinate regulatory legal acts. An efficient legal regulation of social relations arising in connection with metering of the supplied and consumed energy resources is aimed at ensuring the balance of interests of the suppliers and the consumers and minimizing disputable situations in making settlements between the energy resources suppliers and consumers. At the same time, today a considerable amount of disputes arise due to the controversies in the settlements regarding the supplied and consumed energy resources, energy resources non-metered consumption, and various construction of the regulations of material law. These disputes are typical for various branches of energy industry and concern various consumer categories, both legal entities and individuals. The Constitutional Court of the Russian Federation considered a case on verification of the constitutionality of part 1, Article 157 of the Housing Code of the Russian Federation, paragraphs three and four, Clause 42 of Rules for Utility Services Provision to Owners and Users of Premises in Apartment blocks and Dwelling Houses. Acts of the Constitutional Court of the Russian Federation constitute the crucial source of energy law. In this connection, legal analysis of the conclusions made by the Constitutional Court of the Russian Federation in Regulation dd. July 10, 2018, No. 30-П seems topical. The Regulation adopted is essentially relevant for resolution of disputable situations and further development of legal regulation in the sphere of heat supply.

Keywords

energy law; legal regulation of the supplied and consumed energy resources metering; legal regulation in the sphere of heat supply

Received

06.08.2018

Publication date

30.09.2018

Number of characters

19872

Cite Download pdf

GOST	Romanova V. Legal Regulation Of The Supplied And Consumed Energy Resources Metering: Problematic Aspects // Energy law forum – 2018. – Issue 3 C. 67-72 [Electronic resource]. URL: https://mlcjournal.ru/S231243500022042-4-1 (circulation date: 27.04.2024). DOI: 10.18572/2410-4390-2018-3-67-72
MLA	Romanova, Viktoria V "Legal Regulation Of The Supplied And Consumed Energy Resources Metering: Problematic Aspects." Energy law forum 3 (2018):67-72. DOI: 10.18572/2410-4390-2018-3-67-72
APA	Romanova V. (2018). Legal Regulation Of The Supplied And Consumed Energy Resources Metering: Problematic Aspects. Energy law forum (3), pp.67-72 DOI: 10.18572/2410-4390-2018-3-67-72


1	An efficient legal regulation of social relations arising in connection with metering of the supplied and consumed energy resources is aimed at ensuring the balance of interests of the suppliers and the consumers and minimizing disputable situations in making settlements between the energy resources suppliers and consumers.
2	General provisions on the energy resources metering procedure are documented in Article 13 of Federal Law dd. November 23, 2009, No. 261-ФЗ On Energy Saving and Enhancement of Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation.
3	In accordance with Part 1, Article 13 of the Federal Law On Energy Saving and Enhancement of Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation, the energy resources being produced, transmitted, and consumed shall be metered on a compulsory basis using energy resources metering devices. The requirements of the given article regarding arranging of metering of the energy resources being used cover the facilities connected to power grids of centralized power supply and (or) to systems of centralized heat supply and (or) systems of centralized water supply and (or) systems of centralized gas supply, and (or) other systems of centralized supply of energy resources.
4	The metering requirements for particular types of energy resources are also documented in Federal Law dd. March 26, 2003, No. 35-ФЗ On the Electric Power Industry, Federal Law dd. July 27, 2010, No. 190-ФЗ On Heat Supply, the Housing Code of the Russian Federation, and in subordinate regulatory legal acts.
5	Administrative liability is established for incompliance with the statutory requirements regarding energy resources metering devices. The Administrative Offence Code of the Russian Federation provides for administrative liability for failure to comply, in the course of designing, construction, renovation, and overhaul of buildings, structures, and edifices, with the requirements for their equipping with metering devices for the energy resources used; for failure by the persons responsible for the apartment blocks maintenance to comply with the requirements for equipping such houses with metering devices for the energy resources used; for failure by the organizations obliged to perform the activity of installation, replacement, and operation of the metering devices for the energy resources being used and supplied or transmitted by such organizations, to comply with the requirement on providing the owners of the dwelling houses, summer houses, and garden cottages (or the persons representing their interests), owners of the premises in apartment blocks, and persons responsible for the apartment blocks maintenance with proposals on equipping with metering devices for the energy resources being used if the provision of such persons with such proposals is mandatory; for failure by the owners of non-residential buildings, structures, and edifices, in the course of operation of the same, to comply with the requirements for equipping such facilities with metering devices for the energy resources being used (Article 9.16).
6	The regulations adopted are aimed at ensuring the implementation of the fundamental principles of energy law and strengthening of the energy law order. [1]
7	Despite the considerable number of regulations of the law establishing the requirements to the energy resources metering devises, quite a number of problematic aspects remain that must be addressed, inter alia, at the legislative level.
8	The State Duma is considering bill No. 139989-7 On Amending Certain Legislative Acts of the Russian Federation in Connection with the Development of the Electric Power (Capacity) Metering Systems in the Russian Federation. The bill submitted has been adopted at first reading but requires considerable revision. [2]
9	Stating that revision of the given bill is required, the Chairperson of the Energy Committee of the State Duma P.N. Zavalny highlights the necessity to vest either the grid company or the energy resources supplier with the responsibility of creation of an intellectual metering system and the electric power metering devices installation. Moreover, the plan is to apply the same approach to gas and heat metering devices to release the consumers from corresponding requirements. At the same time, it was underlined that the suggested approach will prove efficient in case of remote access metering units making and installation. [3]
10	One should note the considerable amount of disputes in connection with controversies regarding the settlements for the energy resources supplied and consumed due to the non-metered energy resources consumption.
11	In order to ensure a unified court practice of enforcement of the laws governing the relations involving payments for utility services and residential premises, occupied by citizens in an apartment block under a subsidized municipal housing agreement or beneficially owned by them, as well as taking into account the issues arising at courts in the course of their consideration of cases of the given category, the Plenum of the Supreme Court of the Russian Federation gave explanations dd. June 27, 2017. [4]

Readers community rating: votes 0

1. Romanova V.V. Energy Law Order: Current State and Tasks. Moscow : Yurist Publishing House. 2016. S. 15.

2. Energy Markets: Issues and Tasks of the Legal Regulation. Monograph edited by V.V. Romanova, Doctor of Law. Moscow : Yurist Publishing House, 2018. S. 29–33.

3. http://www.komitet2-13.km.duma.gov.ru/Novosti-Komiteta/item/16665878/

4. Decree of the Plenum of the Supreme Court of the Russian Federation dd. June 27, 2017, No. 22 On Certain Questions of Consideration by Courts of Disputes on Payments for Utility Services and Residential Premises Occupied by Citizens in an Apartment block under a Subsidized Municipal Housing Agreement or Beneficially Owned by Them // Russian Gazette. 2017. July 4.

5. Decree of the Constitutional Court of the Russian Federation dd. July 10, 2018, No. 30-P adopted on case on verification of the constitutionality of Part 1, Article 157 of the Housing Code of the Russian Federation, and paragraphs three and four, Clause 42¹ of the Rules for Utility Services Provision to Owners and Users of Premises in Apartment blocks and Dwelling Houses, in connection with a complaint filed by citizen S.N. Demints // Russian Gazette. 2018. July 16.