Публично-частное партнерство в сфере транспорта: основные механизмы и перспективы совершенствования правового регулирования

Abstract

Transport infrastructure is one of the most important elements of human livelihood throughout the lifetime of humankind. The level of the State's economic, social and defence security, which determines its further development and status in the international community, is directly related to the quality of the sector in question. At the same time, the establishment and maintenance of transport facilities go beyond the competence of public authorities. Moreover, in times of economic crisis, the state budget does not always have the amount of money needed to maintain existing and build new transport links. This determines the need to involve private partners in the tasks of the public sector. In the context of the present study, the authors attempt to identify the best public-private partnership arrangement. In preparing the presented work, the provisions of normative legal acts and the practice of their application, scientific sources of both monographic and periodic nature by Russian and foreign authors, and statistical data were used. The basis of information processing was general (analysis, synthesis, historical) and specific (statistical and dogmatic) scientific methods. Their application made it possible to formulate the main conclusions and proposals for improving the current legislation in the area under analysis. As hypotheses, the authors put forward theses (1) on the lack of transparency of competitive procedures provided by law to select the party to the public-private (municipal-private) partnership agreement and concession agreement, which results in the low efficiency of contractual structures; (2) on the appropriateness of competitive procedures preceding the conclusion of any public-private agreement (contract) exclusively in electronic form. According to the results of the study, the authors conclude that the key criterion for determining the effectiveness of a public-private agreement is the transparency of the procedures preceding its conclusion. Among the conceptual proposals for improving the current legislation are the transition to a document-free form, as well as the use of technologies that allow excluding any manipulation in competitive procedures (blockchain).