Legal Collisions Concerning Public-and-Private Partnership in the Field of Transport Infrastructure

Abstract

The authors consider that, though the infrastructure projects are rather expensive this problem can be solved by the means of concession agreements. The article presents the current situation review as well as the niceties of the legal regulation in the field of state contract and concession of public-and-private partnership. Both positive and negative tendencies are revealed. Attention is paid on the tension, which arose in the relationship between the Federal Antimonopoly Service and the participants of the projects, concerning the possibility of the further conclusion of such concession agreements. The authors analyze the validity of the contradicting parties’ positions. They prove, that is quite possible to make some legislation amendments which will allow to avoid claims of Federal Antimonopoly Service in the future, but the matter is that the development of the concession form of projects implementation might be slowed down sufficiently.