ДОГОВОРНЫЕ ОСНОВЫ ГОСУДАРСТВЕННО-ЧАСТНОГО ПАРТНЁРСТВА В РОССИЙСКОЙ ФЕДЕРАЦИИ: НЕКОТОРЫЕ АСПЕКТЫ
CONTRACTUAL BASIS OF STATE-PRIVATE PARTNERSHIP IN THE RUSSIAN FEDERATION: SOME ASPECTS

Summary/Abstract: The paper considers the main problems of state-private partnership agreements and public-private partnership agreements as civil law contracts, as well as their inherent characteristics distinguishing them from other civil law contracts. The legal nature of partnership agreements, their material terms, as well as the main rights and obligations of the parties are revealed. The relevance of this research is determined by the fact that the Federal Law no. 224-FL “On sate-private partnership, public-private partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation” of July 13, 2015 entered into force on January 1, 2016. This federal law aims to create a legal environment for attraction of investment in the economy of the Russian Federation and increasing the quality of goods, works, and services, the availability of which is ensured by the state and local public authorities. The federal law determines the main principles of legal regulation of relations arising from formulation of the project of state-private and public-private partnership, as well as conclusion, execution, and termination of state-private and public-private partnership agreements, including the corresponding competences of state and local public authorities, establishes the security of rights and legal interests of the parties of state-private and public-private partnership agreements. Based on the results of the study, the conclusion is made that state-private and public-private partnership agreements are complex in nature. They can be regarded as mixed contracts that sometimes contain claims from unidentified sources.

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