OIL TRANSPORTATION AGREEMENT BY MAIN PIPELINE TRANSPORT: DE LEGE LATA AND DE LEGE FERENDA
The subject of the research is the civil nature of the agreement for oil transportation by main pipeline transport. The objectives of the study are to determine the applicable law for this agreement and to propose a definition that reflects its essential conditions and specifics. In the course of the research, both general scientific and specific scientific methods of scientific knowledge are used: analysis and synthesis, formal and logical, formal and legal, and comparative legal. The ambiguity in assessing the terms of the agreement is partly due to the peculiarities of the main pipeline, which is both a transport vehicle and a single immovable complex in the form of a linear object of the fuel and energy industry. The oil transportation agreement by main pipelines does not have special legal regulation. The Model Agreement of “Transneft” PJSC is used in real life, which is a mixed type agreement de lege lata. The conclusion of such an agreement is enshrined in paragraph 3 of Article 421 of the Civil Code of the Russian Federation