Agreement on the Protection and Promotion of Capital Investments as a Type of Public-Private Investment Contract

Abstract

The article highlights a new type of investment agreements with the participation of the state, which was established by Federal Law of April 1, 2020 No. 69-FZ “On the Protection and Promotion of Capital Investments in the Russian Federation” and called as an agreement on the protection and promotion of capital investments. It is compared with other contractual forms provided for by the current Russian legislation, such as a public-private partnership agreement, a concession agreement, a special investment contract, a contract on the complex development of area, an agreement on the implementation of activity in a special economic zone, etc. It is argued to establish a single unified contractual type - a public-private investment contract that can cover many forms of interaction between the state and a private person under pursuing investment activity, taking into account the specifics in the legal capacity of the parties, subject and other terms of such a contract. It is also strongly recommended to systematize the present investment legislation of the Russian Federation for the purpose to streamline a lot of types of investment contracts, to eliminate unnecessary details and duplication, and to expand the freedom of contract in this area, leaving the parties free to clarify the terms of the public-private investment contract concluded between them.