The Influence of Acts of International Law and Legislation of Foreign Countries on the Public Legal Regulation of Public-private Partnership Relations in Russia

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Abstract

Purpose of the study. The article analyzes the features of the influence of international law and foreign national legislation on the formation of the public legal foundations of public-private partnerships in Russia, primarily in the context of Russia’s activities within the CIS.

Conclusions. Based on the results of the study, it was concluded that the development at the level of international organizations of legal recommendations and model acts in the field of public-private partnerships, including those that consider public-private partnerships as a means of achieving sustainable development goals, can simplify and speed up law-making processes in states- participants, while simultaneously ensuring the harmonization of national legislation and the unification of the legal systems of cooperating states. It is substantiated that in order to unify public legal regulation on the territory of the Commonwealth of Independent States, the system of principles of public-private partnership from the CIS model law «On Public-Private Partnership» (2014) should be incorporated into the legislation on public-private partnerships of Russia and other member states. Unlike a number of foreign countries (Germany, France, Great Britain), in which the practice of public-private partnership has a long history and an established approach to its legal regulation has been formed, which does not imply fundamental changes, in modern Russia, due to the rapid development of market relations, in In recent decades, there has been an active development of the conceptual foundations of public legal regulation of public-private partnerships, improvement of relevant legislation and development of the practice of its application.

Full Text

Restricted Access

About the authors

Ruslan M. Ushakov

Peoples’ Friendship University of Russia named after Patrice Lumumba

Author for correspondence.
Email: ru.ushushakov@yandex.ru
ORCID iD: 0000-0001-8090-4920
SPIN-code: 2424-4636
Scopus Author ID: 998688

Postgraduate student of the Department of Administrative and Financial Law, Law Institute

Russian Federation, Moscow

References

  1. Bezborodov Yu.S. International model standards: author's abstract dis. ...cand. legal Sci. Kazan, 2003. 29 p.
  2. Goosen E.V. Fundamentals of public-private partnership. Kemerovo, Kemerovo State University, 2019. 170 p.
  3. Egorov E.E., Minina I.S. Legal regulation of public-private partnerships in Russia and abroad // Public Administration. 2018. № 68. Pp. 108–113.
  4. Maslova S.V. To the concept of international standards of public-private partnership // International Law. 2021. № 3. Pp. 15-21.
  5. Maslova S.V. Lex PPPs as a source of regulation of cross-border relations in the field of public-private partnerships and the role of international organizations in the formation of lex PPPs // International law and international organizations. 2021. № 4. Pp. 1–10.
  6. Merzlov I.Yu. Public-private partnership in the European Union: experience and future trends: monograph. Perm State National Research University. Perm, 2021. 336 p.
  7. Moskalkova T.N. CIS: history and prospects. M.: Publication of the State Duma, 2012. 179 p.
  8. Sazonov V.E. Public-private partnership in Russia and abroad : administrative and legal research : diss. ... doctors of law. Sciences : 12.00.14. Moscow, 2013. 467 p.
  9. Shulenina N.V., Vayas D.A. History, policy and practice of public-private partnership within the framework of the main models of interaction between government and business // Bulletin of the Russian Peoples' Friendship University. Series: Political science. 2012. № 3. Pp. 71–79.
  10. Daube D. A comparison of Project Finance and the Forfeiting Model as financing forms for PPP projects in Germany // International Journal of Project Management. 2007. №2. Рр. 2–12.
  11. Dufficy F. United Kingdom // PPP in Europe. London: CMS Legal Services EEIG, 2010. 154 p.
  12. Saussier S., Phuong Tra Tran P. T. The Efficiency of Public-Private Partnerships in France: An Initial Quantitative Evaluation // Revue d'économie industrielle. 2012. № 81. Рр. 81–110.

Supplementary files

Supplementary Files
Action
1. JATS XML


This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies