Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 25, 2019 No. 19-P

On the case of check of constitutionality of Item 6 of Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services in connection with the claim of Verkhnevolgoelektromontazh-NN joint-stock company

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the representative of the Government of the Russian Federation - Candidate of Law Sciences, the director of legal department of PJSC Rosseti L. Yu. Akimov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of Item 6 of Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services in open session.

Reason for consideration of the case was the claim of JSC Verkhnevolgoelektromontazh-NN. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the normative provision challenged by the applicant.

Having heard the message of the judge-speaker A. N. Kokotov, explanation of the agent of the party, issued the disputed act, performances invited in meeting of the representative of the Federation Council - the member of the committee of the Federation Council on the constitutional legislation and the state construction I. V. Rukavishnikova, and also representatives: from the Ministry of Energy of the Russian Federation - A. Yu. Semeykina and D. D. Mikheyev, from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The applicant on this case of JSC Verkhnevolgoelektromontazh-NN disputes constitutionality of Item 6 of Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services approved by the Order of the Government of the Russian Federation of December 27, 2004 No. 861 "About approval of Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services, Rules of non-discriminatory access to services in supervisory control in power industry and rendering these services, Rules of non-discriminatory access to services of Trading System Administrator of the wholesale market and rendering these services and Rules of technological connection of power receiving devices of consumers of electrical energy, facilities for production of electrical energy, and also the objects of electric grid economy belonging to the network organizations and other persons to power networks" (in the claim Item 6 of the Order of the Government of the Russian Federation of December 27, 2004 is mistakenly specified to No. 861).

According to Item 6 of Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services owners and other legal owners of objects of electric grid economy through which the power receiving device of the consumer having no right to interfere with overflow through their objects of electrical energy for such consumer and to require for it payment (paragraph one) is indirectly attached to power networks of the network organization;

the specified owners and other legal owners of objects of electric grid economy through which the power receiving device of the consumer is indirectly attached to power networks of the network organization have the right to render services in transfer of electrical energy with use of the objects of electric grid economy belonging to them after establishment for them of rate for services in transfer of electrical energy; in this case the provisions of these Rules provided for the network organizations (paragraph two) are applied to their relations on transfer of electrical energy;

the consumers of services indirectly attached to power networks pay services in transfer of electrical energy according to the methodical instructions approved by federal executive body in the field of state regulation of rates (the paragraph third).

1.1. As appears from the materials provided to the Constitutional Court of the Russian Federation, by the decision of Regional Tariff Service of the Nizhny Novgorod Region of June 26, 2015 No. 22/14 since July 1, 2015 it is terminated the individual rates for services in transfer of electrical energy established by the decision of this service of December 19, 2014 No. 60/98 for settlement between JSC Verkhnevolgoelektromontazh-NN and PJSC Interregional Distribution Grid Company of Centre and Volga Region. The specified rates 2 and 4 criteria of reference of owners of the objects of electric grid economy to the territorial network organizations approved by the Order of the Government of the Russian Federation of February 28, 2015 No. 184 "About reference of owners of objects of electric grid economy to the territorial network organizations" are terminated in connection with discrepancy of JSC Verkhnevolgoelektromontazh-NN to Items 1,.

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