The parties' liability due to non-performance or improper performance of the public-private partnership contract

Abstract

This paper discusses the features of the parties’ liability due to non-performance or improper performance of the public private partnership contract. In the absence of specific legislation on public private partnership the parties’ liability are governed by the general rules of the Civil Code, which does not always meet the specific features of these contracts. The adoption of the current draft law “On the Basics of Public-Private Partnership in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” will not be able to fill the gaps in regulation of the parties’ liability in public-private partnership contracts. The author proposes a number of changes to the draft law with a view to the equitable distribution of risks and balancing the interests of public and private partners.

Keywords:

public-private partnerships, public-private partnership agreement, responsibility