The legal nature of the public-private partnership agreement

Abstract

This article there analyses the positions of various authors which exist in scientific literature regarding the legal nature of a public-private partnership agreement, its independent or mixed legal nature. It analyses applicable Russian law on public-private partnerships. It is proved that a public-private partnership agreement in its legal nature is constructed as an independent, but not mixed agreement. However, as soon as parties include in it elements/obligations of other agreements in addition to those which are regulated by a federal law “On public-private partnership, municipal-private partnership in the Russian Federation and amendments to some normative acts of the Russian Federation”, then a public-private partnership agreement can be considered as mixed agreement under preemptive regulation of disputable legal matters by the federal law “On public-private partnership, municipal-private partnership in the Russian Federation and amendments to some normative acts of the Russian Federation”. Refs 10.