Защита прав концессионера при досрочном прекращении соглашения

Abstract

We investigate the issue of concessionaire rights protection. We analyze the system of grounds for the early agreement termination and compensation provided to the concessionaire, as well as the mechanisms of concession agreement. We identify mandatory and optional terms of concession agreement. We highlight the cases of early termination of concession agreement, in which either the Russian Federation, or the subject of the Russian Federation, or the municipal formation is a concession grantor. We establish that upon termination of the concession agreement, the concessionaire has the right to demand from the concession grantor the reimbursement of expenses incurred by him in the creation and (or) reconstruction of the object (minus the expenses of concession grantor). We consider the cases of contract termination upon mutual agreement of the parties or by decision of the authority if concessionaire’s failure to fulfill its obligations has led to the infliction or threat of harm to people’s lives and health. We determine the procedure for reimbursement of the parties’ expenses in case of early termination of concession agreement. We investigate the protection of rights guarantees of concessionaire, namely, the establishment of the minimum payment in case of early termination of the concession agreement - investment expenses for creation (reconstruction) of the object. We highlight the obstacles for compensation of the concessionaire’s expenses for the project documentation development. We use practice materials as examples. We submit the proposals for amendments to the current legislation of the Russian Federation.