Adopted by the State Duma on December 22, 1995 (as amended by Federal Laws No. 110-FZ, dated August 12, 1996, No. 133-FZ, dated October 24, 1997, No. 213-FZ, dated December 17, 1999, No. 152-FZ, dated November 26, 2002, No. 8-FZ, dated January 10, 2003, No. 15-FZ, dated January 10, 2003, No. 37-FZ, dated March 26, 2003, with amendments introduced by Federal Law No. 15-FZ, dated January 26, 1996, and Ruling No. 21-P, dated December 23, 1997, of the Constitutional Court of the Russian Federation)
§ 6. Power Supply
Article 539. Power Supply Contract
- Under a power supply contract, the power supplying organization shall undertake to supply power to the subscriber (consumer) through the connected grid, and the subscriber shall undertake to pay for the power received as well as observe its consumption mode provided for by the contract, ensure the safety of operation of power grids under its control and good condition of devices and equipment used by him and related to power consumption.
- A power supply contract shall be made with a subscriber if it has a power-receiving device which meets the established technical requirements and is connected to the grids of the power supplying organization, and other necessary equipment as well as if power consumption recording is ensured.
- Laws and other legal acts on power supply as well as obligatory rules adopted pursuant thereto shall apply to relations under a power supply contract not regulated by this Code.
- The rules of this paragraph shall apply to relations under an electric power supply contract unless otherwise established by the law and other legal acts.
Article 540. Making and Extension of Power Supply Contract
- If a citizen who uses power for household consumption acts as a subscriber under a power supply contract, the contract shall be deemed to have been made from the time of the first actual connection of the subscriber to the connected grid in the established procedure.
Unless otherwise provided by agreement of the parties, such a contract shall be deemed to be made for an indefinite period of time and may be altered or cancelled on the grounds provided for by Article 546 of this Code.
- A power supply contract made for a certain period shall be deemed to be extended for the same period and on the same terms and conditions, if before its expiration neither party has declared the termination or alteration thereof or the making of a new contract.
- If either party has proposed to make a new contract before expiration of the contract, the relations of the parties shall be regulated by the previously made contract until the new contract is made.
Article 541. Quantity of Power
- A power supplying organization shall be obliged to supply power to a subscriber via the connected grid in a quantity provided for by the power supply contract and with observance of the supply mode agreed upon by the parties. The quantity of power supplied to and used by the subscriber shall be determined according to the recording data of its actual consumption.
- A power supply contract may provide for the subscriber's right to change the quantity of power received by it, as determined by the contract, provided that it reimburses for expenses incurred by the power supplying organization in connection with ensuring the supply of power in a quantity not provided for by the contract.
- If a citizen who uses power for household consumption acts as a subscriber under a power supply contract, he shall be entitled to use power in a quantity necessary for him.
Article 542. Quality of Power
- The quality of power supplied shall meet the requirements established by the state standards and other mandatory rules or provided for by a power supply contract.
- If a power supplying organization violates the requirements imposed for the quality of power, the subscriber shall be entitled to refuse to pay for such power. In this event, the power supplying organization shall be entitled to demand that the subscriber reimburse for what the subscriber has unjustifiably saved as a consequence of using this power (Clause 2 of Article 1105)
Article 543. Duties of Buyer Related to Maintenance and Operation of Grids, Devices and Equipment
- A subscriber shall be obliged to ensure proper technical condition and safety of power grids, devices and equipment operated, observe the established power consumption mode as well as immediately inform the power supplying organization of accidents, fires, malfunctions in power recording devices and other faults arising in the use of power.
- If a citizen who uses power for household consumption acts as a subscriber under a power supply contract, the duty to ensure the proper technical condition and safety of power grids as well as power consumption recording devices shall be vested in the power supplying organization unless otherwise established by the law or other legal acts.
- Requirements for the technical condition and operation of power grids, devices and equipment as well as the procedure for exercising control of their observance shall be determined by the law, other legal acts and mandatory rules adopted pursuant thereto.
Article 544. Payment for Power
- Payment for power shall be made for the quantity of power actually received by a subscriber according to power recording data unless otherwise provided for by the law, other legal acts or agreement of the parties.
- The procedure for settlements for power shall be determined by the law, other legal acts or agreement of the parties.
Article 545. Sub-subscriber
A subscriber may only transmit power received by it from a power supplying organization via the connected grid to another person (sub-subscriber) with the consent of the power supplying organization.
Article 546. Alteration and Cancellation of Power Supply Contract
- If a citizen who uses power for household consumption acts as a subscriber under a power supply contract, he shall be entitled to unilaterally cancel the contract provided that he informs the power supplying organization thereof and fully pays for the power used.
If a legal entity acts as a subscriber under a power supply contract, the power supplying organization shall be entitled to unilaterally refuse to execute the contract on the grounds provided for by Article 523 of this Code, except for the case established by the law or other legal acts.
- An interruption, cessation or restriction of power supply shall be allowed upon agreement of the parties, except for the case where unsatisfactory condition of the subscriber's power installations as certified by the body of state power supervision threatens an accident or creates a threat to citizens' life and health. A power supplying organization must warn the subscriber about the interruption, cessation or restriction of power supply.
A cessation or restriction of power supply without the agreement with a legal entity subscriber, but with a respective warning to it shall be allowed in the procedure established by the law or other legal acts if the said subscriber violates obligations related to payment for power.
- An interruption, cessation or restriction of power supply without the agreement with the subscriber and without a respective warning to it shall be allowed if it is necessary to take urgent measures to prevent or eliminate an accident provided that the subscriber is immediately notified thereof.
Article 547. Responsibility Under Power Supply Contract
- In case of a failure to perform or improper performance of obligations under a power supply contract, the party which has violated the obligation shall be obliged to reimburse for specific damages caused thereby (Clause 2 of Article 15).
- If the regulation of the power consumption mode performed on the basis of the law or other legal acts has resulted in an interruption of power supply to a subscriber, the power supplying organization shall be liable for the non-performance or improper performance of contract obligations if it is guilty.
Article 548. Application of Power Supply Rules to Other Contracts
- The rules provided for by Articles 539 - 547 of this Code shall apply to relations connected with supply of thermal power via a connected grid unless otherwise established by the law or other legal acts.
- The rules relating to a power supply contract (Articles 539 - 547) shall apply to relations connected with supplying gas, oil and petroleum products, water and other commodities via a connected grid unless otherwise established by the law, other legal acts or arises from the essence of the obligation.
President of the Russian Federation B. Yeltsin |