The contract of public-private partnership. Recommendations on the content of the contract on the basis of international experience

Today we have to solve a very important task to develop infrastructure under conditions of limited financial resources. Public-private partnership which is a complicated system of cooperation between state, national and foreign investors, banking institutes is one of the effective ways of solving this problem. Contract is the financial and legal base of PPP. The partnership supposes the construction of a complicated contract complex adopted to the project. It is significantly differs from the classical contract of state procurement and private public contracts. Despite the fact that each country has its own legal base, the common legal base of PPP exists. There is no common «standard contract», but the obligatory chapters exist, and they are the part of all PPP contracts. Under our opinion the examination of this obligatory chapters is very important to be used in practice in Russia to develop PPP and to make standard forms of concessional agreements.

Keywords: public-private partnership (PPP); concessional agreements; contractual obligations of private partnership; contract revision; division of risks; construction risks; operating risks; financial risks; regime of property ownership; tax regime; state control