UDK: 338.23
Sergey Al. Pravkin - Candidate of Law, associate professor, Russian University of Transport (MIIT), Moscow, Russia
Abstract. Investment relations in the transport sector are mediated by a variety of civil law contracts, the most common of which are various organizational and legal models of public-private partnerships. Public-private partnerships have recently emerged as a mechanism for implementing socially significant projects. Joint investment activities between public and private partners are based on the pooling of resources and risk sharing. Legal regulation of public-private partnerships involves establishing partnership forms and conditions for project participation. The state must ensure favorable conditions for investment activity, creating a special legal regime, and exercise administrative and financial control. The development of organizational and legal models or partnership frameworks has received mixed reviews in the academic literature, owing to a broad legal approach and a narrow legal approach to understanding the legal institution of public-private partnerships. Despite ongoing debates about the relationship between public and private law in the legal frameworks of public-private partnerships, there could be concluded that the financial and legal mechanism of partnership is a mixed legal construction. This understanding makes it possible to further develop classifications of its organizational and legal forms and requires the necessity to further improve investment legislation based on a combination of public and private financing schemes in infrastructure transport projects.
Статья целиком →
Transport Law and Security