The concept and elements of the civil status of public-private partnership participants
Автор: Kazakov A.O.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское и предпринимательское право
Статья в выпуске: 3 (29), 2015 года.
Бесплатный доступ
Introduction: the article considers the civil law status of participants of public-private partnership (further - PPP), which is one of the most insufficiently explored phenomena in the Russian civil law science. Purpose: the research is aimed to determine the concept and elements of the civil status of public-private partnership participants. Methods: empiric methods of comparison measurement, description and interpretation, as well as theoretical methods of formal and dialectical logic are used. Results: the author draws a conclusion that at the legislative level the concept "legal status" is only mentioned in relation to certain subjects of civil law, however, this category is not revealed in terms of its actual meaning. Conclusions: the author states that the civil status of public-private partnership participants is a set of elements defining the legal status of its members as subjects of civil relations in the framework of public-private partnerships. The civil status of a PPP participant is a kind of special (patrimonial) legal status since under the law it can only be received by the limited circle of civil legal relationship subjects established in the legislation. The structure of the civil status of a PPP participant is of a complex nature and includes two groups of elements: regulatory and protective. Regulatory elements of civil legal status of PPP participants include the order of contracting, amending and termination of agreement on PPP as well as civil rights and duties of participants. Protective elements contain civil responsibility of PPP participants and a guarantee of civil protection of the rights of PPP participants.
Public-private partnership, civil status, participants of public-private partnership
Короткий адрес: https://sciup.org/147202514
IDR: 147202514