Principles Of Private Law Research Articles

Sustainable development clauses in international contracts through the lens of the Unidroit principles

Abstract Most transactions that leave an imprint on the environment and communities are organized by commercial contracts. However, little is known about the way in which parties reflect sustainable development in contractual clauses. How can parties to international contracts commit to respect sustainable development goals? What are the possible degrees of commitment? Which contractual mechanisms can apply to the monitoring of compliance? How does one establish a link between the failure to meet sustainable development goals and the contractual liability or termination of contract? This article identifies contractual clauses relating to sustainable development and analyses these clauses through the lens of the 2016 International Institute for the Unification of Private Law (Unidroit) Principles of International Commercial Contracts (PICC). Drawing inspiration from open access contracts, the analysis will demonstrate that Article 1.8 of the PICC, precluding inconsistent behaviour, and Articles 5.1.4 and 5.1.5, on the duty of best efforts and the obligation to achieve a specific result, as well as the provisions on liability, can assist contract drafters, judges, and arbitrators in drafting and interpreting such clauses.

The Relationship between Private and Public Law Principles in Energy Legislation

The paper examines the problems of the relationship between private law and public law principles in energy legislation. Based on an analysis of the historical development of Russian and foreign energy legislation, it is concluded that, at its core, energy law is private law. The features of the subject and method of energy law are analyzed, and the criteria for identifying the subject of energy law are outlined. In order to determine the essence of energy law, the author proposes a concept of areas of law, which include energy law. The paper examines the features of organizational and regulatory structures (institutions) in energy legislation, which are the most important structural elements of energy law. Examples of the mutual influence of norms and institutions of private and public law in the energy sector are considered, and the specifics of the functions and objectives of contractual regulation in the energy sector are indicated. The key practical problems of the energy sector are identified, the scientific study of which is a priority for legal science in this area.

THE POSITIVE OBLIGATIONS OF THE STATE TO PROMOTE THE REALIZATION OF THE RIGHT TO HOUSING IN THE CONDITIONS OF FULL-SCALE WAR IN UKRAINE

The right to housing is a person’s constitutional right, a component of the right to a proper (sufficient) standard of living; the responsibility for creating the conditions for its implementation rests with the state. The state has a positive obligation to a person to create appropriate conditions for exercising and protecting the right to housing. In the need for a full-scale war, these obligations of the state transformed. The state, adhering to the principles of private law, cannot interfere in civil (personal) relations except for exceptions established by law. In this connection, there is a need to create new and improve existing legal mechanisms to promote realizing the right to housing. Forms of assistance in realizing the right to housing should include: 1) provision of preferential mortgage loans by state financial institutions at the expense of grant funds; 2) provision of preferential mortgage loans at the expense of budget funds; 3) formation of a housing fund for temporary residence of internally displaced persons; 4) compensation of costs for temporary accommodation of internally displaced persons; 5) compensation on the current account or financing of construction or acquisition of new real estate in case of destruction or damage of individual real estate objects.

Certainly of Divorce Laws in Different Countries Base on Indonesian International Civil Law

Recognition and implementation of the divorce decision. Therefore, a thorough understanding of the principles of private international law is essential to navigate these complex legal challenges. Principles such as lex loci celebrationis, lex domicilii, and the principle of recognition and enforcement of foreign judgments serve as guidelines in handling inter-country divorce cases. Court jurisdiction, the choice of applicable law, and the process of recognizing and implementing divorce decisions between countries are important focal points in legal settlements. International divorce, especially involving spouses of different nationalities, raises a number of complex issues. From determining jurisdiction to choosing the applicable law, every step in the divorce process requires careful consideration. In this context, several international treaties, such as the Convention on the Civil Aspects of International Divorce, provide a uniform legal framework for dealing with such divorce cases.
 In addition, the importance of recognizing and enforcing foreign divorce judgments in other jurisdictions is an important factor in preventing multiple divorces and providing legal certainty. This process involves coordination between countries to respect and recognize foreign court decisions. Protecting children's rights in interstate divorce is an important focus, with jurisdictional determination and appropriate application of the law to ensure the child's best interests are safeguarded. An in-depth understanding of international private law, especially in the context of divorce from different countries, is the key to ensuring justice and legal certainty for all parties involved.
 In handling inter-country divorce cases in Indonesia, especially those involving couples with different nationalities, it is important to pay attention to national legal regulations, applicable laws and regulations, and guidelines from relevant international conventions. The divorce process in Indonesia, as explained in Article 66 of the Marriage Law, must follow the applicable national laws and regulations. This research, using normative juridical methods, provides in-depth insight into how international private law is applied in inter-state divorce cases in Indonesia. By exploring the principles of private international law and examining expert views, this research discusses the legal complexities involving marriage between countries and contributes to further understanding of legal certainty in this context. Overall, interstate divorce opens up a broad discussion of private international law issues, including jurisdiction, choice of law, recognition, and protection of children's rights. With increasing human mobility and globalization, a deep understanding of the principles of international private law is becoming increasingly important in dealing with marriages and divorces from different countries.

Breach of obligations under contracts for the sale of goods and supply of digital content in European Union and Ukrainian law

The content of the research lies in an analysis of the legal prescriptions of the legislation of the European Union and Ukraine, which determine the liability of the parties for breach or improper performance of obligations under contracts for the sale and purchase of goods and supply of digital content. With the help of general and special philosophical methods, the possibility and legal consequences of applying the liability provisions of the relevant articles of the Civil Code of Ukraine, to the contractual relations of purchase and sale of goods and the supply of digital content (violation of the contract of sale by the seller and the lessee, copyright infringement, etc. are discussed. ) It is concluded that in order to harmonize the Ukrainian legislation with the legislation of the European Union, the provisions of individual drafts and Directives of the European Parliament and the Council, which regulate the specific sphere of legal relations, were analyzed. Special attention was paid to the implementation of the draft Law on Digital Content and Services and its compliance with the basic principles of private law in this area, established on the basis of the values of the European Union.

Concession policy of the Soviet state: implementation mechanism

The article analyzes the experience of the concession policy implementation by the RSFSR and the USSR during the 20s of the twentieth century and the approaches used in its framework, which allowed solving simultaneously a wide range of tasks related to the rise of the domestic economy and overcoming foreign policy isolation. This experience of the Soviet state can be used to solve the challenges the Russian Federation is facing today. The authors substantiate that the concession policy of the Soviet state was a rationally constructed mechanism able to solve a number of tasks. 1) Creation of foreign concessions in the Soviet country contributed to withdrawal from the diplomatic blockade declared by Western countries. 2) Through the concession policy the obligations of the Russian Empire to foreign investors were renewed in the conditions of a socialist economy. 3) By creating concessions the Soviet government headed by V.I. Lenin attracted the material and technological resources of the European countries and the USA for the development of the economy of the Soviet country. 4) At concession enterprises models of industrial relations with a high level of labor organization and living conditions of workers were formed at the expense of foreign investors, which then had to be introduced everywhere. 5) The concession policy covered the national suburbs and contributed to unification of the economic potential of the republics as part of the USSR. The analysis of the legal regulation of concession relationships carried out in this article gives reason to suppose that the concession policy of the Soviet state should not be reduced to the NEP because its implementation started earlier. In fact, it was launched with the adoption of the Decree of the Council of People’s Commissars of November 23, 1920 On General Economic and Legal Conditions for Concessions and within its framework a range of tasks that went far beyond the economic recovery envisaged by the NEP through private law principles was solved. Attention should also be paid to the constitutional nature of the regulation of concession legal relations, which was determined by the “Treaty on the USSR Foundation of 1922” and the Constitution of 1924.

General Principles of Law at the Turn of Civilisations

This review of general principles of law at the process of great changes observed in reality shows not only the past that have been (diversity of the view; contentious issues) and the present (impulse to merge; impetus for thinking) but also the future. The aim of this synthesis was to reconstruct the system of general principles of international law (the need to take into account the general principles of private law and the general principles of law constructed in the process of regional integration of states) as well as the vision of future work on this issue aimed at muted understanding and cooperation for mutual benefit.

Implications of Mixed Marriage in the Perspective of Gorontalo Customary Law and Its Reality based on International Private Law Principles

This paper aims to describe the application of local wisdom values as part of the implementation of the Gorontalo Marriage Customary Law to mixed marriages performed by Indonesian citizens of Gorontalo ethnicity and foreign nationals and to analyze the consequences of mixed marriages according to Gorontalo customary marriage law. The method of data collection was carried out through the stages of inventorying secondary data, tracking primary data through interviews, in-depth focus group discussion, and then analysis qualitatively. This paper uses descriptive analytic methods. The discussion demonstrates that mixed marriage is a family law event that has occurred from time immemorial. It's just that people's understanding of the order of family life is getting wider. This is due to the fact that cross-country personal relations are getting better, which has implications for the family law order from the perspective of local wisdom, especially in regions where the family system is open to other legal systems, including Gorontalo's customary marriage law. Mixed marriages, in the view of the local wisdom of the Gorontalo people, can be carried out through the Gorontalo traditional wedding procession in full if the husband and/or wife submit to the Islamic religion. This is legally obligatory because of the philosophy of Gorontalo customs: "Adati Hula-Hulaa To Syara, Syara Hula-Hulaa To Qurani" (Adat is based on Syara, Syara is based on the Al-Quran), so that every wedding procession that chooses to use Gorontalo's customs contains advice and prayers (for God's sake), which have the value of guidance as stipulated in the Al-Quran. As for the consequences of mixed marriages on Gorontalo's customary law, where one of the bride and groom is a foreigner but not Muslim, they cannot be married according to Gorontalo's customary law; the process is based on Al-Quran values.

ПОВЕДЕНЧЕСКИЕ СТАНДАРТЫ В СИСТЕМЕ ЧАСТНОПРАВОВЫХ ОТНОШЕНИЙ

Introduction: the article discusses the formation of behavioral standards, ways of their implementation, and their effect on the structure of legal relations. Behavior, inextricably linked with a legal relationship participant’s psycho-emotional component, becomes the basis for the external and internal differentiation of legal relations, in which the behavioral factor is subject to legal characterization in various aspects. In the consideration of private law disputes, characterization of behavior often predetermines the emergence of special legal principles, including reasonableness, prudence, due care. Purpose: to identify the influence of behavior and subjective perception of participants in legal relations on the differentiation of legal relations as well as on their relationship with the principles of private law, to determine the points of interdependence. Methods: deduction and induction; empirical methods of comparison, interpretation, and other general scientific methods; special scientific methods: historical, comparative legal methods, system analysis. Results: the analysis of judicial practice and scientific research works showed the need to determine the nature the behavior of the participants in a legal relationship through the prism of identifying and characterizing the elements of the subjective factor. Chaotic approaches, indicating the absence of a generally recognized understanding of the priority of the principles of law, methods of assessment and a mechanism for taking into account the behavioral component as well as the forms of their influence on civil legal relations, hinder the formation of uniform judicial positions, which, in turn, significantly reduces the effectiveness of the protection of violated and contested rights of individuals and legal entities and negatively affects the stability and development of civil circulation. Conclusions: the article proposes a new approach to determining the nature of the actions of participants in civil legal relations through the prism of standards of conduct that embody the concept of ‘behavior of the good party’ (‘correct behavior’), according to which a legal rule, with the use of various methods of legal technique, forms a certain ‘correct’ (‘ideal’) model of behavior, deviation from which is considered to be a potential ground for bringing the person to responsibility. The paper shows the influence of behavioral standards on the differentiation of legal relations, identifies essential interrelations with legal principles.

ЗМІНА ЧЕРГОВОСТІ СПАДКУВАННЯ ЗА ЗАКОНОМ ЯК ВИЯВ СОЦІАЛЬНОЇ СПРАВЕДЛИВОСТІ

The article is devoted to the study of such a legal phenomenon as justice, which characterizes social relations in the sphere of inheritance. The concept and content of the principle of justice, the relationship of justice with other principles of private law, the influence of the principle of justice on the formation of institutions of inheritance law, in particular, inheritance by law, division of inheritance, redistribution of inheritance, are revealed. It has been proven that in domestic civil law, the category of justice acts as a mandatory component of the terminological phrase "justice, good faith, reasonableness". The succession of inheritance by heirs by law is based on a combination of principles: a) kinship, b) household, c) maintenance relations. However, the constructed abstract model of succession in a specific case may not correspond to the peculiarities of relationships in a specific family or household, migration of a significant part of the population, change of permanent residence, performance of military duty and, as a result, separate residence of family members necessitates the need to review the established order of inheritance by law. The order of inheritance established by law can be changed: a) by the heirs in a contractual manner; b) by court decision. Based on the analysis of the disposition of Article 1259 of the Civil Code of Ukraine, the author concludes that there are four independent models of changing the order of receiving the right to inheritance in the legislation. Three of these models are contractual, since the basis for their formation is the agreement of the heirs, and one is judicial, since the circle of heirs by law changes based on a court decision. It has been proven that the heirs cannot change the sequence of inheritance according to the contract, if the testator will soon have a child bornwho is the heir of the first rank, because the contract on changing the sequence will reduce the child's share in the inheritance. Circumstances under which the court can change the sequence of obtaining the right to inheritance are considered. The meaning of the terms "looked after", "material support", "long time", "helpless state" is determined - as a condition for changing the succession of the right to inheritance by court decision. Key words: justice, inheritance, order of heirs, agreement on change of order of succession, change of order of heirs by the court

Specifics of legal regulation of environmental protection and protection during development of mineral deposits in the Arctic zone of Russia

The article discusses aspects of the legal regulation of environmental protection and protection during the development and subsequent development of deposits in the Arctic are considered in order to achieve the goals of effective economic development of the state. Analyzes the main functions of the state in the extractive industry, as well as the specific responsibilities of commercial organizations for environmental protection during the development of mineral deposits. The study of existing approaches to the legal regulation of this industry is carried out. Theoretical solutions and practical measures were proposed, through which it will be possible to ensure environmental safety in the state. The article pays attention to the factor of combination of public and private law principles in the regulation of legal relations in the field of environmental protection. Special attention is paid to environmental insurance as a necessary condition for achieving environmental safety of the Arctic zone. The concept “environmental risk” is developed in the article, the functions and goals of environmental insurance are noted. It is proposed to introduce a special legal regulation of reinsurance of property interests in insurance specifically in the Arctic zone.

Academician V.V. Laptev on the main component of Economic (Entrepreneurial) Law

In the article, the main, basic component of Economic (Entrepreneurial) Law, which is the main achievement of Academician V.V. Laptev, as an independent branch of law, branch of legal science, branch of legislation and academic discipline is defined as an organic combination of legal regulation of economic activity (entrepreneurial) and its management. In fact, it is an organic combination of private law and public law principles. Noting that the development of this industry, according to scientists, went through three stages during the Soviet period, called: “two-sector” theory (20s), a single pre-war theory (the second half of the 30s) and the post-war so-called “addressee” theory, the author believes that Entrepreneurial Law as well as the Economic Law of the market economy - this is the fourth stage, which is another significant scientific achievement of V.V. Laptev. The author has made 10 conclusions and makes appropriate proposals

Principles of Law and ESG Standards in Socially Responsible Entrepreneurship

The paper provides a theoretical justification of ESG standards as a potential modification of the principles of law in establishing and running a socially responsible business. The framework of traditional discussions about the degree of state participation in the economy, as well as about the state as a subject of private law relations, can be expanded by posing a general theoretical question of practical implementation about what the boundaries and limits of interaction and mutual influence of legal and other social regulators are and how useful the cumulative effect of their regulatory impact for sustainable development is. These boundaries and limits constitute today a universally recognized prospect for the humanity. Being the principles of sustainable development in relation to the creation and conduct of business, ESG standards have the quality of social normativity, but currently they are at a stage of functioning when a uniform understanding of key terminology has not yet been achieved, which leads to different approaches to the formation and regulation of this area. The paper analyzes the concept of ESG standards, as well as their components in the aspect of comparison with the principles of law. The points of contact between ESG standards and private law principles take place due to their common nature as basic ideological prescriptions. It is shown that stability, system-forming character and functionality, being parameters of ESG standards, are extremely close to the principles of private law, they are consistent with them, which makes it possible to effectively combine various methods of normativer regulation of entrepreneurial activity that meets modern needs and expectations of society. This task is especially relevant for Russia, given the high regulatory burden on business, as well as negative stereotypes of mass consciousness in the perception of entrepreneurship as such.

Polish Citizenship of the Parent as a Prerequisite for the Acquisition of Polish Citizenship by Birth (in the Light of the Recent Jurisprudence of the Supreme Administrative Court)

According to Article 14(1) of the Act on Polish Citizenship of 2 April 2009, by operation of law a minor acquires Polish citizenship by birth if ‘at least one of the parents is a Polish citizen’. Likewise, Article 6(1), first sentence, of the formerly applicable Act on Polish Citizenship of 15 February 1962 stipulated as follows: ‘The child of parents, one of whom is a Polish citizen and the other a citizen of another country, acquires Polish citizenship by birth’. Although the latter of the cited provisions remained in effect until 14 August 2012, it is still applied in the jurisprudence of administrative courts due to the need to resolve citizenship of children born while it was in effect. Particularly in recent times the Supreme Administrative Court actively moulds the understanding of the abovementioned legal provisions (especially as regards the term ‘parents’ used therein), proceeding – depending on the child’s birthdate – either based on Article 6(1), first sentence, of the previously applicable Act on Polish Citizenship of 15 February 1962, or on the basis of Article 14(1) of the Act on Polish Citizenship of 2 April 2009. The primary subject of the analysis undertaken in the article are four judgments of the Supreme Administrative Court dated 30 October 2018, which are derived from the approach that: – the issue of acquiring citizenship ‘is exclusively subject to the public law regime’; – ‘norms of family law that indicate the methods of confirming biological kinship between a child and parents’, do not apply to the acquisition of citizenship; – ‘concepts of public law should not be interpreted through the lens of private law principles and norms’.

TÜRK VARLIK FONUNUN REGÜLATİF (DÜZENLEYİCİ) YAPISININ YENİDEN GÖZDEN GEÇİRİLMESİ ÜZERİNE KISA BİR ÇALIŞMA

ABSTRACT
 
 A sovereign wealth fund is generally structured on state-owned financial assets to protect citizens’ long-term economic interests. Sovereign wealth funds are owned by states and generally operated by executive branches of government as private business entities. Sovereign wealth funds are beneficial not only to support large-scale projects financially by stabilizing countries’ economies but also to increase investment opportunities in domestic and international financial markets. Legal problems arising nature of the complexity of sovereign wealth funds need to be monitored carefully while adopting effective rules and regulations for risk mitigation. The Turkish Wealth Fund was established as a joint-stock company and subjected to the principles of Turkish private law in 2016. The current regulatory structure of the wealth fund brings some legal problems such as challenges for board members of the wealth fund. The Santiago Principles which provide effective administrative law principles to governments ought to be adopted into the current Turkish legislation to promote accountability and transparency in the domestic financial markets. In particular, the paper proposes that the appointment of the board members should be exercised by the executive and legislative branches collaboratively while board members ought to be accountable for their business operations. In addition, the Turkish Wealth Fund should adopt a vigorous public disclosure regime to increase its transparency in the domestic securities market.
 
 Keywords: Sovereign Wealth Funds, Transparency, Accountability, Santiago Principles, Administrative Law Principles

Coding for the 99 per cent? Principles and the preconditions of capital minting

AbstractMartijn Hesselink proposes a ‘Progressive code of European Private Law’, which would seek to tame the ‘legal steroids’ that private law modules and savvy crafting by well-paid lawyers currently offer to to global capitalism. The present comment engages with one of the core characters of the proposed code, namely that it should ‘consist of fundamental principles (not detailed rules)’. Rather than taking up the impossible task of suggesting (or speculating) what the principles should be, the paper aims to further operationalise certain aspects of what they should – or should not – do. To this aim, the role of principles is assessed in relation to attempts to ‘code for the 99 per cent’. Hence, the paper revisits certain mechanisms of so-called weaker party protection or social law through Katharina Pistor’s coding analytics (priority, durability, universality, convertibility). Private law principles and their legacy are part of the resistance, or backlash, against social coding. The paper concludes that a code of principles that aims to be progressive in the sense Hesselink highlights should consider at least two requirements: first, principles should be expressly formulated in such a way that they do not stand in the way of progressive detailed rules; second, they need to broaden the private legal imagination. It is on this account that ‘any amount of regulatory private law could not achieve what a (constitutionalised) code of private law principles could accomplish’.

ЕКОНОМІЧНИЙ КОНСТИТУЦІОНАЛІЗМ: ПОСТАНОВКА ПРОБЛЕМИ

The article clarifies the essence of economic constitutionalism (constitutional economics) as an interdisciplinary doctrine. It is argued that economic constitutionalism (or constitutional economics) is the name of an interdisciplinary scientific field on the border of economics and constitutional law. In essence, economic constitutionalism is a special section of constitutionalism in general, which focuses on economics, property, the combination of private law and public law principles in the constitutional text, the theory of legitimate expectations, the economic nature of human rights and other constitutional legal objects regulation, ensuring de facto equality and establishing the limits of interference with economic freedom, financial and budgetary issues, the economic consequences of the concept of the welfare state and social human rights, etc. It is proved that economic constitutionalism is a promising interdisciplinary direction that integrates politics, constitutional law and economics. The importance of researching the economic nature of basic public and state constitutional institutions is beyond doubt. Similarly, the impact of relevant institutions, on the other hand, especially in the transition and transformation stages of development is enormous. The following main directions can be identified for further research on economic constitutionalism (constitutional economics), namely: consideration of law and the constitution as a manifestation of self-regulation; the role of property institutions, market economy, capitalism to ensure freedom; the need to ensure equality in order to implement rational choices, the interplay of democracy and social rights; the link between democratic transit and a market economy, exploring ways to grow and overcome poverty. The practice of interpretation of the constitution by the body of constitutional jurisdiction plays a significant role in economic constitutionalism. Analysis of the experience of the Ukrainian Constitutional Court in this aspect so far leads to the conclusion that its positions are inconsistent and, unfortunately, insufficient role in the constitutional economy (in terms of potential positive impact).

Баланс частных и публичных интересов при правовом регулировании // Актуальные проблемы государства и права

Introduction: the events of the last few years provoke scientists and practitioners to constantly raise the problem of determining the balance of private and public interests necessary for effective legal regulation. On the one hand, we are talking about the spread of the coronavirus pandemic (COVID-19), a difficult foreign poli-cy environment that requires the active participation of the state, rigidity in legal regulation in order to ensure constitutionally enshrined provisions. On the other hand, the state course to development the digital economy, the rapid development of digital technologies, the qualitative transformation of social relations are entail the need for flexible legal regulation, greater consideration of the interests of economic entities. Goals and objec-tives of the study: consists in clarifying the main parameters for determining the balance of private and public interests, taking into account current trends in Russian society. Research methodology: dialectical, systemic, comparative legal, formal legal methods. It made possible to identify the parameters for determining the balance of private and public interests, to conduct a brief analysis of the current state of modern trends characteristic of Russian society and the state, and to determine the possible conditions for its further formation. Conclusions: the author's position is argued that the totality of public law and private law principles of legal regulation of a particular sphere of human life is expressed in amount of means, methods, forms, mechanisms and regimes of legal regulation, which are elected by the state, taking into account a number of factors. That is why the balance of interests is a mobile category, which is based on the principle of protecting the rights, freedoms and legitimate interests of a person and a citizen.

РЕЦЕНЗИЯ НА КНИГУ Е.А. ИВАНОВОЙ «СОГЛАШЕНИЯ В СФЕРЕ ГРАЖДАНСКОЙ ЮРИСДИКЦИИ: ПРОЦЕССУАЛЬНО-ПРАВОВОЙ АСПЕКТ»

The review presents the book by E.A. Ivanova “Agreements in the Field of Civil Jurisdiction: Procedural and Legal Aspect”. According to the reviewer, in modern conditions there is a tendency towards strengthening of private law principles and the development of dispositiveness in the context of civil procedural law, which is associated, in particular, with the implementation of the ideas of economic freedom and market economy within the framework of civil circulation and the transformation of legal institutions of substantive branches of law. Proceeding from this, there is a need for new doctrinal, lawmaking and law enforcement approaches on the issue of empowering legal participants in the independent choice of forms and methods of protecting violated rights, as well as in order to influence the dynamics of procedural legal relations. This is possible through the use in legislation of the full potential of procedural agreements, the theoretical development of which was carried out in the book under review, meaningfully revealing the key aspects of the indicated problem.

Сущность концессионного соглашения в американском праве

The nature of the institute of a concession agreement is still not obvious. This aspect is caused by the fact that the concession agreement combines private law and law principles. For a deeper study of this institution, it is necessary to refer to foreign law. This article deals with the concept of a concession agreement in US law. In the United States, the essence of the concession agreement is subject to the theory of complexity, i. e. an agreement at the junction of and private law. The article explored the and private legal elements of the theory of complexity and how they affect the regulation of the concession agreement in US law. The studied case law, doctrinal sources and historical prerequisites make it possible to establish that the institution of concession is a kind of franchise. US law divides franchise into and private. Moreover, the institution of franchise meets all the features of concession. The rules of the US Federal Procurement System discussed in the article define a concession agreement as a government contract for the of services from a concessionaire for the needs of the US Government. The concept of a concession agreement as one of the methods of procurement was considered in the Russian doctrine and is not a feature of only US law. A study of the impact of the concept of on the institution of concession in American and Russian law was also made. The author proposes to consolidate the concept of public interest in the domestic legislation on concessions, taking into account the American experience. The article makes a comparative legal analysis of the institution of concession with other similar institutions in US law, which indicates that there is no uniformity in terms of American law, which requires a more detailed study of a specific legal institute in US law. Applied to a concession and concession agreement, the complexity in comparison is caused by the existence of different types of concessions, for example a mining concession. Also, the legislative acts of separate government departments and agencies contain their own qualifications for the concept of a concession and a concession agreement.