Legal nature of the agreement on public-private partnership // Bulletin of St Petersburg University. Law – № 3, 2017. Т. 8., p. 306 — 313
In the journal “Bulletin of St Petersburg University. Law Natalia Diatlova, Partner, Head of Maxima Legal’s PPP Practice, published a research paper “Legal nature of public-private partnership agreement”.
The article analyzes the existing positions of various authors in the scientific literature on the legal nature of a public-private partnership agreement, its independent or mixed nature. The current Russian legislation on public-private partnership is analyzed. It is proved that by its legal nature the agreement on public-private partnership is designed as an independent rather than a mixed agreement. However, if the parties include elements/obligations of other agreements in addition to those regulated by the Federal Law “On Public-Private Partnership, Municipal-Private Partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation”, the agreement on public-private partnership may be recognized as a mixed agreement with priority regulation of disputed relations by the said Federal Law.