INFRASTRUCTURE CIVIL LAW CONTRACTS: FRAMING THE ISSUE

Abstract

The features of legal regulation of relations related to the use of different types of infrastructure are established by legislation in the fields of the fuel and energy complex, housing and communal services, banking activities, and transportation. As a result, legal relations of various branches arise. Civil law relations (both static and dynamic) related to infrastructure also have their own characteristics. A number of contractual obligations enumerated in the Civil Code of the Russian Federation require mandatory use of certain technical and (or) informational infrastructure, which determines the specifics of the entire dynamics of the respective contracts: conclusion, fulfillment, and termination. Purposes: to define the civil law regime of infrastructure facilities; to demonstrate the characteristics of the dynamics of obligations related to the use of such facilities. Methods: analysis of current normative legal acts identifies gaps and contradictions in the legislation, as well as synthesis, formalization, specification, and generalization of normative legal material highlight the specificity of infrastructure as an object of civil law and the characteristics of the fulfillment of obligations related to infrastructure use. Results: the article analyzes normative legal acts establishing the specifics of different infrastructures, defines their civil law regime. It identifies the challenges in defining conditions for the proper fulfillment of obligations concerning infrastructure use and illustrates the distinct dynamics of these obligations.