To the Issue of Correlation between the Concepts “Concession” and “Concession Agreement”

Abstract

The article analyses the existing scientific opinions on such concepts as “concession” and “concession agreement” in order to provide both terminological and conceptual clearance and to elaborate their uniform understanding necessary to solve practical problems connected with the usage of concessionary arrangements. To answer the raised questions the article presents a brief history of emergence of the concept “concession” by analyzing the works of foreign legal scholars due to the lack of a legal definition in the applicable legislation. As a result, the conclusion is made that concession should be understood as an act of a public-law entity assigning the public property for the practical use of private persons for the purposes of social benefit. In the author’s opinion, concession in terms of the law on concession agreements should be understood as a decision to conclude a concession agreement. In this meaning concession, as regards its characteristics, is a non-regulatory act, while a concession agreement by virtue of literal interpretation of the law on concession agreements is a contract. The said difference between the concepts “concession” and “concession agreement” enables to conclude that it is at least not correct to equate such different concepts. In addition, the paper examines modern scientific patterns of correlation between the concepts “concession” and “concession agreement” and critically reviews each of them.

Keywords:

concession, concession agreement, permission