General principles of liability of the parties for breach of obligations arising from the contract for the supply of energy resources through the connected network

The article analyzes the general principles of liability of the parties for the breach of obligations arising from the contract for the supply of energy resources through a connected network under the civil law of Ukraine. Based on the provisions of the current legislation, it is established that one of the main requirements for the proper performance of such an obligation is compliance with certain qualitative and/or quantitative characteristics during the supply of energy resources through a connected network. The quality of goods — specifically, the quality of energy resources in contractual legal relations—is regarded as a set of characteristics that determine the ability of a particular resource (electricity, thermal energy, natural gas, etc.) to meet the technical, economic, and functional needs of the consumer in accordance with its intended use. This quality includes not only consumer parameters but also technical and technological properties, in particular the stability of physical indicators (voltage, frequency, pressure), reliability of supply, compliance with established standards and norms, energy efficiency, as well as environmental and operational safety. A breach of these characteristics constitutes improper performance of the obligation by the supplier, which may serve as a basis for civil liability. It is proposed to define in more detail the mechanism for protecting consumer rights within the specified obligation by enshrining at the legislative level clearer criteria for determining the quantitative and qualitative indicators of energy resource supply through a connected network. Such indicators may include voltage, equipment wear, frequency and duration of deviations from standard parameters, permissible fluctuation ranges of pressure or temperature, power factor, among others. Deviations from or non-compliance with these indicators may serve as grounds for the imposition of civil liability for non-performance or improper performance of obligations. Particular attention should be paid to the implementation of the relevant provisions of European energy legislation, in particular the EU’s Third Energy Package, into the national legal framework, with the aim of ensuring a high level of consumer protection, fostering fair competition in energy markets, and enhancing the effectiveness of supplier liability mechanisms. Moreover, it is advisable to introduce a system of independent monitoring of the quality and reliability of energy services, with the capability for prompt response to breaches of contract terms and automatic compensation to consumers in cases of proven deviation from the agreed supply parameters.