Public-private partnership agreement as a type of administrative contract: conceptual foundations

The purpose of the study. The article examines the conceptual issues of the administrative and legal nature of the public-private partnership agreement. Conclusions. The conducted research established that the public-private partnership agreement is a type of administrative contract, because: public relations constituting the public-private partnership form the area of regulation by the norms of administrative law and the implementation of public administration; the subject composition of the parties to the agreement is represented by formally equal partners, one of which is always a person endowed with state (public) powers (the public partner as a public entity); the subject of the agreement is the performance of a set of actions on the creation (construction and (or) reconstruction), operation and (or) technical maintenance in relation to the object of the agreement, which is the sphere of public interest and control, while within the framework of the management of this property, the subject of the agreement may be not only the performance of public works, but also the production and sale of public goods, the provision of public services; the performance of a publicly significant task is delegated to the private partner through the successive issuance of administrative acts and the conclusion of an administrative contract, mediating organizational, control and coordination relations; the implementation of public interest allows for the prerogative of a public subject.