Sale of Quotas for Greenhouse Gas Emissions as a Type Civil Sale and Purchase Contract

Abstract

The article examines the emergence, development and current legal regulation of the sale and purchase agreement, and reveals the place of sale of quotas for greenhouse gas emissions in the system of civil contracts. The character of the sale of emission quotas between states is considered, as well as the legal nature of the quota sale (carbon units) contract in the framework of national jurisdictions. The authors conclude that the term “quota” means a quantitative limitation of greenhouse gas (G.H.G.) emissions, which should be understood as gaseous waste (G.W.), which has not received clear regulation in the national (Russian) law. Recognition of G.W. as a kind of industrial waste will make it possible to better understand and explain its legal nature, and directly the alienation of a certain amount (quota) of G.W. within the framework of civil legislation is the conclusion of a contract of sale of property rights belonging to the owner of G.W. to another business entity for a fee and for a certain period.