TY - JOUR

T1 - Legal regulation of public-private partnership in Russia and other countries of the Eurasian economic union

AU - Lisitsa, Valeriy

AU - Moroz, Svetlana

PY - 2019/1/1

Y1 - 2019/1/1

N2 - This article examines comparatively legislation on the public-private partnership in the countries of Eurasian Economic Union and the relationship with Model Law “On Public-Private Partnership” adopted within the framework of the Commonwealth of Independent States. It is argued that the national acts of such countries could be improved and harmonized by developing their categorial apparatus and the extension of permissive regulation of public-private partnership. The legal qualification of an agreement on public-private partnership and other investment contracts with the participation of the State stipulated in other laws is also examined. It is concluded that such agreements comprise not only private, but also public law elements and might be regulated in special legislation containing rules of civil and public law on the basis of balancing private and public interests in public-private partnership.

AB - This article examines comparatively legislation on the public-private partnership in the countries of Eurasian Economic Union and the relationship with Model Law “On Public-Private Partnership” adopted within the framework of the Commonwealth of Independent States. It is argued that the national acts of such countries could be improved and harmonized by developing their categorial apparatus and the extension of permissive regulation of public-private partnership. The legal qualification of an agreement on public-private partnership and other investment contracts with the participation of the State stipulated in other laws is also examined. It is concluded that such agreements comprise not only private, but also public law elements and might be regulated in special legislation containing rules of civil and public law on the basis of balancing private and public interests in public-private partnership.

KW - Eurasian Economic Union

KW - Investment

KW - Investment law

KW - Investor

KW - Public-private partnership

KW - State

UR - http://www.scopus.com/inward/record.url?scp=85073376054&partnerID=8YFLogxK

U2 - 10.17589/2309-8678-2019-7-3-53-81

DO - 10.17589/2309-8678-2019-7-3-53-81

M3 - Article

AN - SCOPUS:85073376054

VL - 7

SP - 53

EP - 81

JO - Russian Law Journal

JF - Russian Law Journal

SN - 2309-8678

IS - 3

ER -