The institution of public private partnership was consolidated at the federal level in the Russian Federation in 2015. Nevertheless, its application is widespread in practice, since it is an effective tool for structuring large investment projects. The purpose of this study was to search and analyze the problems that arose in judicial practice in disputes in the field of public private partnership. Despite a small amount of jurisprudence on disputes related to public private partnerships, the identified and analyzed cases are mostly unique in terms of the content of those legal issues that were considered by the courts. The problems that arise when considering this category of cases are extremely diverse and today are more isolated. The identified problems indicate the need to refine the Federal Law on PPP, in particular in terms of the need to provide the parties to public private partnerships with more flexible and dispositive mechanisms for contractual interaction, as well as determining the limits of application of civil law to these relations, subject to recognition of the most possibilities of subsidiary application of civil law norms.
Translated title of the contributionTHE PRACTICE OF RESOLUTION OF PUBLIC-PRIVATE PARTNERSHIP DISPUTES AS A COMPETITIVE ENVIRONMENT ESTABLISHMENT FACTOR (MONITORING OF THE JUDICIAL PRACTICE)
Original languageRussian
Pages (from-to)33-37
JournalКонкурентное право
Issue number1
StatePublished - Jan 2023

    Research areas

  • judicial practice, law enforcement monitoring, public private partnership, PPP, PPP AGREEMENT, CIVIL LAW, INVESTMENT AGREEMENTS

ID: 102174256