Concessions and Agreements on Public-Private Partnership: Comparative Analysis and Ownership Rights

Introduction. The article presents a general legal analysis and juxtaposition of the two analogous agreements, mediating the relationships of public and private entities in the investment sphere: concession agreements and agreements on public-private (municipal-private) partnership. The analysis is carried out taking into consideration the lessons learned in the legal regulations, judicial and bidding practice. Theoretical Basis. Methods. The theoretical basis for the study is rooted in the basic proceedings on economics and law in the sphere of public-private partnerships as well as the analytics of some international organizations. The research uses traditional methods such as dialectical, formal legal and comparative legal methods. Results. Based on the belonging of the agreements in question to one group of public-private partnership treaties, similar elements of theirs are characterized. With this in mind, the mechanism of choosing the optimal contractual construction is described in the article. Basic dissimilarities of the agreements are also considered. The main one of them is definitely ownership rights to the object of the treaty. Moreover, the article touches on the practical problems and theoretical issues related to the topic, including the usage of some international experience. Conclusion. Practical suggestions towards the improvement of the awarding and execution of the agreements are made, such as the necessity of registration of the ownership right for all of the projects implemented by the agreements on public-private partnerships. The author also mentions some theoretical aspects of shared ownership of public and private partners.