INVESTMENT SYSTEM FOR RENEWABLES OBJECTS USE GENERATING

In this article single legal questions of investment into creating the objects of generation based on renewables are considered. The issues connected with lack of terminological unity in the regulations regulating this sphere are touched; the noncompetitive environment of realization of the relations under the contract of power delivery; the contract subject blurring, lack of the proprietary relations description evolving from RES owing to creating new objects of generation. The relations system of investment for renewables use is considered as a complex of the legal means organized in the most consecutive way for creating objects of generation and obtaining by sellers the right for sale of electric energy and power in the wholesale market. In this regard, features of the parties and subject of the contract of power delivery were studied.


INTRODUCTION
Meanwhile, the structure "The "Council for Organizing Efficient System of Trading at Wholesale and Retail Electricity and Capacity Market" non-profit partnership offered by Association (further NP Market Council) the standard contract of power delivery is represented very tangled what can not only complicate further control of its execution, but also in general reduce investment appeal of the offered project on creating generation on the basis of RES. First of all, it is shown in the contract subject blurring -discrepancy of the purpose for the sake of which the mechanism (investment) given right to the actual contents of the contract was developed, and also in absence in the contract of the instruction for the real rights arising on again created objects of generation including the land plots and buildings which are on them and constructions, and also infrastructure facilities (also communications are expensive).
According to a standard form of the contract on granting power (further -the contract on granting power, the PDM) (http://www.np-sr.ru) data contracts are signed concerning objects of generation (http:// digitalcommons.wcl.american.edu) for which any of the following circumstances -commissioning, certification (testing), obtaining by sellers the right for sale of electric energy and power in the wholesale market -arises after the conclusion of the agency contracts providing the conclusion of contracts on granting power. At the same time, attracts attention insufficiently worked competences of all participants of the considered relations.

METHODS
The complex of methods was used (a method of induction and deduction, a method of the analysis and synthesis, an ascension method from abstract to concrete, a comparison method) that allowed to investigate with the greatest reliability difficult and multipurpose relations system of power delivery for investment into the generating objects of RES. The theoretical analysis of the regulatory base and right realizable practice allowed to consider the contract granting power as the mechanism of creating objects of generation in the sphere of RES. Analyzing the separate facts, grouping, systematizing them, we reveal in them the general and special.
The analysis is followed by synthesis that helped to get into essence of the studied system. The comparison method allowed defining distinctions or a community of the studied object with adjacent contractual categories (http://www.renewableenergyworld.com). The method of induction and deduction, in relation to a research allowed to pass from separate elements to formation of complete idea of power delivery as means of investment into the generating objects of RES and gave the chance to connect all communications and the relations and to draw partial conclusions.

RESULTS AND DISCUSSION
The analysis of relations system of investment for renewables use allows speaking about the special subject list of participants. The group of participants acts as the parties of the contract on granting power.
(1) As the buyer the participant of the wholesale market included in NP Market Council in the Register of subjects of the wholesale market which signed the Contract on accession always acts and carries out acquisition of power, including for own production needs and (or) for the subsequent sale, but anyway as the usual economic activity provided by the charter of the Buyer.  (99 participants are registered).
As the organization which is carrying out export-import transactions only one subject of PJSC Inter RAO UES is registered.  The infrastructure organizations act as other parties of the contract.
(3) "System Operator of the Unified Energy System" joint-stock company (further -the System operator).  It is represented that the used legal technology of rule-making has defective character as lack of unity in terms leads to difficulties of differentiation of adjacent contractual designs, to complexity of perception, and eventually, to decrease in trust to the most investment project.
In turn, the analysis of maintenance of the electric power of a standard form of the contract on providing the generation to the power of an object functioning on the basis of use of renewable sources of power industry as means of investment of construction of these objects developed by the regulator of the market allowed to reveal a number of the moments complicating not only perception of this contract, but also the most built model of the relations in general.
First, it concerns subject of the contract. So, according to item 2.1. The PDM the seller undertakes to begin in due time delivery and during all term established by the contract to deliver power, and the buyer undertakes to accept it and to pay. Meanwhile, the formulation of subject of the contract does not reflect its essence. As, power delivery is only means by means of which financing of again created object of generation of RES is carried out. The purpose of the conclusion of a similar contractual designcreation or modernization of an object of generation -is indistinct in the text of the contract and looks through only in some points. In particular: in item 1.10. The PDM is mentioned that the person who assumed liabilities on construction and/or modernization of an object of generation assumes liabilities to agree on the concrete list of works with the regulator (NP Market Council); according to item 3.3.
it is provided that the period of power delivery of each object of generation terminates the last date of which end of 10-year term from start date of execution of the obligation for power delivery of this object of generation is the share; in item 14.5 in a context for delay of execution of the obligation on deliveries of power, regarding assignment the person who assumed liabilities on construction and/or modernization of a duty to send to the regulator the name and planned dates of commissioning of the objects of generation specified concerning which the delay of the beginning of performance of obligations on power delivery is allowed, with application of documents, proving the specified planned dates of input of objects of generation; in item 15.1. Regarding regulation of the relations on transfer of rights of duties it is specified by the PDM that for the purpose of application of the rules established in the present section is understood as object of generation as the object of generation put into operation and certified (tested) System operator object of generation concerning which the right of sale of its power in the wholesale market is acquired not finished by construction and (or) not put into operation and (or) not tested concerning which the specified right is not acquired.
It would be desirable to note that in the analysis of this contract total absence in it of the conditions regulating the real rights for again created objects of generation of RES is special surprising. In offered by the regulator of the PDM to the matter only one norm reflecting a possibility of the person which assumed obligation for creating this object of generation to make alienation by sale of the created or created object (item 15.1 is devoted. contracts). Meanwhile, it is represented that similar provisions of the contract are not only not fair, but also not based on requirements of the law. As financing of construction of the created object of generation is carried out not at the expense of available funds of the buyer, and due to inclusion of the investment expenses made by it in the price for end users. The most amazing that on the created object of generation there are no real rights, not only the buyer has capacities, but also at the state which in fact and acts as the customer of process on increase in efficiency of a power system and works in public interests.

SUMMARY
The relations system of investment for renewables use is considered as a complex of the legal funds allocated for creating objects of generation for increase in power efficiency of power industry. The contract on granting power acts as the main means of this system. At the same time, the analysis of its conditions revealed the following problems: 1) lack of terminological unity in standard regulation; 2) insufficiently thought over competences of participants of the adjustable relations; 3) not full compliance