Concession Contract As A Perspective Form Of Public-Private Partnership Under The Legislation Of The Republic Of Belarus
Keywords:
public-private partnership, concession, the concession contract, the concept of the concession contract, the content of the concession contract, concessionaire, concedent, the object of the concessionAbstract
In the Belarusian practice used by almost all forms of public-private partnership, other than concessions. At the same time the concession - it is the most extensive, forward-looking and comprehensive form of partnership. In order to increase the investment attractiveness of the state through the creation of conditions for the practical implementation of concession projects July 12, 2013 adopted the Law of the Republic of Belarus «On Concessions», which establishes the legal framework for the implementation of investments on the basis of concessions in the Republic of Belarus. The necessity of its adoption was caused by finding the most optimal way to manage state and municipal property. Given that the object of the concession agreement are objects of particular importance for the life of the population, on the one hand, and require significant costs for their maintenance, on the other hand, there was a need to establish a legal form of private investment in such facilities. As shown by foreign practice, the concession agreement is quite effective legal instrument for regulating the relations of the state with private investors.
References
2. On the development of entrepreneurship and stimulating business activity in Belarus: Presidential Directive on 31 December 2010 № 4 // National Center of Legal Information of [electronic resource]. – Minsk, 2011. – Mode of access: http: // www. pravo.by. – Date of access: 22. 08. 2011.
3. Shemirzova A. Evaluating the effectiveness of public-private partnerships and the possibilities for its use in post-crisis Russia / A.S. Shemirzova // Science and Economics. – 2010. – № 1 (1). – P. 48 – 51.
4. Sosna S. Concession Agreement: theory and practice / SA Pine. – M .: Nestor Academic Publishers, 2002. – 256p.
5. Kirin A. Legal basis for relations between the state and investors / A.V. Kirin – M .: INFRA-M, 1998. – 268 p.
6. Doroninа N. On the question of the legal nature of concession agreements / N.G. Doronina // Law and Economics. – 1997. – № 1. – P. 52.
7. Klyukin B. Mining legislation in the countries of Western Europe and America / B.D. Klyukin - M .: Gorodets – izdat, 2000. – 443 p.
8. On investment activity in the Republic of Belarus: the Law of the Republic of Belarus, May 29, 1991 № 824-XII // Vedamastsi Vyarkhovnaga Saveta Respubliki Belarus. – 1991. – № 22 – Art. 300.
9. Investment Code of the Republic of Belarus: Code of the Republic of Belarus, June 22, 2001 № 37-W // National Register of Legal Acts of the Republic of Belarus. – 2001. – № 62. – 2/780.
10. On concessions: The Law of the Republic of Belarus, July 12, 2013 № 63-W // The national legal Internet portal of the Republic of Belarus. – 25.07.2013. – 2/2061.
11. On investment: Law of the Republic of Belarus, July 12, 2013 № 53-W // The national legal Internet portal of the Republic of Belarus. – 07.23.2013. – 2/2051.
12. On objects that are wholly owned by the state, and the types of activity for which the exclusive right of the State: Act of July 15, 2010 № 169-W // Nat. Register of the Resp. Belarus. – 2010. – № 184. – 2/1721.
13. Approval of the list of objects offered for transfer to the concession: Presidential Decree, January 28, 2008 №44 // National Register of Legal Acts of the Republic of Belarus. – 2008. – № 29. – 1/9394.
