Problems of legal regulation of public-private partnerships in Russian legal research before and after the adoption of Federal Law on Public-Private Partnership. Part one

Abstract

This article analyzes the current state of Russian legal research on the regulation of public private partnership (PPP). Most of them are related to the regulation of the concept of PPP, its forms, the legal nature of the PPP agreement, the subject and object composition of PPP, the resolution of disputes arising from PPP, in order to systematize of existing scientific approaches to these regulation problems, determining the degree of this knowledge, assessing the dynamics of such research. Systematization of the main scientific conclusions and argumentation of more than 110 legal publications is carried out in the refraction of the Federal Law on PPP, which become a “watershed”, a factor that set the directions of scientific and legal discourse in the field of PPP increased the dominance of some right-wing positions on PPP and the weakening of others. The Federal Law on PPP provoked intensive dynamics and the overall volume of legal research on PPP in general. A comparison of the approaches in the legal publications reveals a preponderance of very significant intra-doctrinal divergences over the few consolidated positions on PPP legal issues even after the adoption of the Federal PPP Act. In particular, there is still a lack of consensus on the key legal definitions — PPP and its forms, as well as the PPP agreement as a contractual construct and its legal nature. The authors note that the existing degree of fragmentation of positions prevents the creation of a solid theoretical basis for understanding the problems of legal regulation of PPPs, significantly tangles the scientific search for options and methods of their solution. In the article proposes promising ideas for future legal research of PPP. The potential for interdisciplinary research is particularly important for the development of existing and obtaining new scientific knowledge about PPP.