Theoretical-legal framework of the concession agreement and investment agreement

In the article the author notes that the concession is one of the forms of close cooperation of private capital with the public sector. One of the principles of the subject composition of concession agreements is the availability of permission from the government system. The specified authorization expression acts as a positive act on the establishment of a private person. Russian scientists currently do not define the concept of “concession agreement”. Some believe that this is a” unilateral act of the government”; others argue that the concession is one of the developed mechanisms of active partnership between States to attract invest- ment. The article notes that the concession contains two theoretical and legal elements. First, it is an act of public authority; second, an act emanating from a private person. It should be noted that the scientific community is dominated by the view that the concession agreement carries both public features and civil law principles. The article also provides the specifics of the use of the investment agreement in the regulation of investment relations. Regarding the legal nature of the investment contract, it is a generalizing concept of such contracts as a construction contract, a lease contract. It is also noted that the legal nature of the investment agreement may be of an economic nature, since the subject is the investment of funds and profit. It is noted that most often the investor prefers to conclude a concession agreement rather than an investment agreement. This choice is primarily due to the transparency of regulation, as well as the lack of signs of other contracts in the concession. In addition, the article raises the issue of theoretical and legal essence of legislative consolidation of the concept of “investment agreement”.