Natalia Diatlova has given a presentation at an investment forum in St Petersburg  

Natalia Diatlova - Partner

 

The third annual investment forum in St Petersburg was a place for dialogue between lawyers and investors on issues relating to public-private partnerships and the potential for its regulation to be harmonise. PPP projects are civil transactions, while the public component of the agreements affects all stages of a project’s implementation.

 According to Natalia Diatlova, Partner and Head of the PPP Practice at Maxima Legal, questions as to the legal nature of PPP agreements which are between public and private law, remains unanswered. “Today market players, including courts, hold varied and often contradictory views and it; this leads to uncoordinated actions between entities implementing public-private partnership projects, and creates additional risks in the implementation of projects. Based on many years of successful experience in supporting PPP projects, the most appropriate, in my view, is to qualify a concession agreement, along with an agreement on a public-private partnership, as a civil law contract, rather than a public law contract. According to federal law, agreements on public-private partnership and municipal-private partnership are civil law contracts, it is necessary to extend this interpretation to concession agreements and recognise them as civil law transactions, despite the presence of public law elements”, said Natalia.

Among the other problems considered were payment mechanisms, the resolution of disputes as well as non-disclosure of the terms of concession agreements. “Information constituting a commercial secret, of course, should not be disclosed, but in general PPP projects need to be more open”, said Natalia Diatlova.

The investment forum has been held annually in St Petersburg since 2016, during which time it has been visited by more than 1,500 leading regional and federal experts in matters of investment, economics and finance. The forum has established itself as the largest regional event dedicated to topical issues of investment activity in Russia.