Inconsistency of legal regulation of public-private partnership

A.G. Demieva

Kazan Federal University, Kazan, 420008 Russia

E-mail: ainuraa@bk.ru

Received February 15, 2017

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Abstract

The paper is dedicated to analysis of the provisions of the Federal Laws “About Concession Agreements” and “About Public-Private Partnership”. The relevance of the research is determined by the current need to develop a modern system of public-private partnership, as well as to search actual possible ways of ensuring its effective legal regulation and productive functioning for the benefit of all managing subjects, government, and society in general.

The purpose of the research is to identify some essential technical shortcomings of the provisions of the Federal Laws “About Concession Agreements” and “About Public-Private Partnership”, which lead to inconsistency of legal regulation of public-private partnership. Various scientific methods have been used: logical, historical, comparative-legal, etc. A whole number of examples have been provided in the paper to prove that the texts of the co-existing legal acts (Federal Laws “About Concession Agreements” and “About Public-Private Partnership”) require serious refinement.

Based on the obtained results, the conclusion has been made about the necessity to establish some criteria on the legislative level to precisely define which of these agreements should be concluded in certain cases.

The results are important for development of the effective mechanism of legal regulation and for promoting the successful development of public-private partnership.

Keywords: legal regulation, concession agreement, public-private partnership, object of agreements

References

1. Barkov W.A., Serova O.A. Public-private partnership in the market of social services in terms of social partnership development: Problems of harmonization of the legal regulation. Vestnik Permskogo Universiteta. Yuridicheskie Nauki, 2016, no. 3, pp. 268–280. (In Russian)
2. Yarmalchuk M.V., Tkachenko M.V., Dolgov A.A., Solntsev K.D., Silaev N.L., Halimovskii Yu.A., Chizhov A.O. The Practice of Applying Concession Agreements for Development of Regional Infrastructure in the Russian Federation. Seleznev P.L. (Ed.). Moscow: Tsentr Razvit. Gos.-Chastnogo Partnerstva, 2015. 66 p. (In Russian)
3. Bardin V. The state regulates its relations with foreign investors. Kommersant”, 1993, Jul. 22, no. 137. Available at: https://www.kommersant.ru/doc/54444. (In Russian)

For citation: Demieva A.G. Inconsistency of legal regulation of public-private partnership. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2017, vol. 159, no. 2, pp. 472–478. (In Russian)

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