Public-Private Partnership in Countries of Eurasian Economic Union

Grant of the President of the Russian Federation for State Support of Young Russian Scientists "State-Private and Municipal-Private Partnership in the Countries of the Eurasian Economic Union: Comparative Legal Research"

Scientific supervisor: Dr. Prof. Valeriy Lisitsa (Novosibirsk State University, Novosibirsk, Russia).

Duration: 2016-2017

The project is aimed at studying the specifics of legal regulation of state-private and municipal-private partnership agreements in the territory of the countries of Eurasian Economic Union (EAEU), taking into account new changes in legislation and the practice of resolving investment disputes. It provides the systematic analysis of the rules of private and public law, the identification of problems of law implementation and enforcement in the sphere of capital investments, the development of possible options for their resolution, and the wider application of public-private partnerships in various areas with the use of new (additional) legal means of ensuring private and public interests.

Results of scientific research
The main results of the scientific research are related to defining the legal nature of public-private partnerships, describing their forms, and identifying the elements and other specific features of contracts concluded in the sphere concerned. The special attention was paid to the issues of correlation of such contracts with other investment ones, the procedures for the application of various legal tools to investment relations, as well as proposals to improve the present legislation in EAEU countries.

On the basis of comparative legal analysis, it was concluded that there is excessive imperativeness in the current legal regulation of public-private partnerships to the detriment of the interests of private and public partners, as well as obstacles on the way of developing common (unified) legal norms on public-private partnership in EAEU countries. It was argued that the contractual forms of cooperation between an investor and the state are diverse and can be regulated by various federal laws, moreover not only Federal Law of 13 July 2015 No. 224-FZ "On State-Private Partnership, Municipal-Private Partnership in the Russian Federation". Such agreements have a common subject and are subject to consolidation into a single (general) agreement – a public-private partnership agreement, which may contain both private and public law elements and thus have a complex (intersectoral) legal nature.

The present legal regulation of the contractual relations under consideration is deemed to be unnecessarily detailed, leaving no opportunity for partners to agree individual terms of their agreement in some cases (a type of the agreement, essential terms and objects of the agreement, the procedure for its conclusion, the grounds for changing and terminating the implementation of investment projects, guarantees of financing, etc.). As a result, some legislative acts in this area are subject to systematization, which would allow not only to establish the necessary specifics in the regulation, but also to ensure more effectively the implementation of the principle of freedom of contract in relation to public-private partnership agreements.

Areas of law: Investment law