Contractual practice of agreements at the stage of formation of contractual relations in the sphere of energy in Russia and foreign countries

the article provides a review of contractual practice of the largest Russian energy companies on the use of pre-contractual constructions. The article explores the pre-contractual stage in the formation of contractual relationships within the energy sector and its significance in legal practice. Special focus is given to pre-contractual agreements widely used by major Russian energy companies such as PJSC Gazprom, PJSC Transneft, PJSC Lukoil, among others. The paper analyzes the main legal structures employed at this stage, including preliminary agreements, letters of intent, framework agreements, options, and confidentiality agreements. The author examines the legal nature of these instruments, their binding force, and key features of their conclusion and enforcement. Particular attention is paid to the differences between Russian and foreign regulation of pre-contractual relations. The article provides a comparative overview of approaches to pre-contractual arrangements in Anglo-American, German, and French legal systems. It highlights the practical relevance and necessity of detailed legal regulation of pre-contractual procedures, especially in the context of multimillion-dollar deals typical for the fuel and energy sector. The paper concludes that Russian regulation has become increasingly aligned with international standards, though further legal development in this area remains essential.

pre-contractual agreements of the parties, preliminary contract, protocol of intentions, framework contract, option, confidentiality agreement