Some problems of application of Law On Concession Agreements

Abstract

This article analyses the Federal Law dated 21 July 2005 No 115-FZ “On Concession Agreements” in terms of the deficiencies in legal regulation of concessionary relations. As a result, the author comes to the conclusion about the necessity to enhance and regulate the guarantees of concessionaries’ rights in more details. The author suggests focusing on the property and legal aspect of concessionary relations in this paper. In order to reveal the deficiencies of the existing implementation mechanism which is stipulated by the Law on concession agreements, the author compares this mechanism with other patterns of implementation of a public-private partnership. The author considers it necessary to exclude the article on collection of concession payments from the Law on concession agreements, because a facility construction is carried out at the expense of a concessionary. In conclusion, the author proposes to allow pledging of a facility mentioned in the concession agreement, as well as the rights under such an agreement subject to the prior consent of a concessor.

Keywords:

concession agreement, deficiencies, recommendations to making amendments