The public-private partnership agreements: problems of legal regulationJournal: LAW AND INNOVATIVE SOCIETY (Vol.2, No. 1)
Publication Date: 2013-01-08
Authors : Vinnyk O.M.;
Page : 17-36
Keywords : public-private partnerships (PPP); contract of PPP/PPP contract; essential conditions of the PPP contract.;
This article is devoted to the problems of legal regulation of contractual relations of publicprivate partnerships. Analyzed the provisions of the Law "On Public-Private Partnership" and contracts that can be awarded under the PPP, including the concession agreement, joint-cooperation agreement, agreement for product distribution, government contracts, agreements for public procurement, etc. Studied the essences of the PPP-contracts provided for by the Law, the author defined these essences as too broad. Analyzed the domestic and international experience of such regulation, for example special laws on PPPs from Slovenia, Latvia, the Russian Federation, including the example of St. Petersburg, there is provided to set the fundamental requirements for PPP-contracts by law. On the ground of conducted analysis, the author concludes that international experience confirms the need to define the basic principles of establishing contractual relations PPPs at the level of a special law. Such special law have to include the basic requirements to the PPP-contracts, because they are should have both: the characteristics of defined contracts (concession agreement, joint-cooperation agreement, etc.) and special characteristics that determine specific regulation of such relationships. Thus, the national Law on PPP must be amended by the general requirements concerning with PPP-contracts and by the special requirements that reflect a certain type of contract that has been made. But we should accommodate both inernational experience and domestic by-law regulations. The author notes that the special requirements for certain types of PPP-contracts, forms and patterns (concession, corporate, government procurement, etc.) should be defined at the highest law-governing level that regulate contractual relationship or in the Law on PPP, particularly.
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