Civil Liability of the Parties to Public-Private Partnership Agreements

The work is devoted to study of the theory and practice of the institute of responsibility of the parties to the PPP agreement in Russia. Due to the fact that the Law on Concession Agreements and the Law on PPP do not contain detailed regulation of the mechanism for holding the parties to the agreement accountable, but allow the application of the provisions of the Civil Code of the Russian Federation to relations not regulated by these laws, recognizing the PPP agreement and the concession agreement as civil contracts, it can be recognized that the responsibility of the parties to the agreement The PPP is of a civil nature. Based on the results of the study of theoretical and practical material, including concession agreements, PPP agreements and court cases, the author concludes that the civil law principle of equality of the parties to the agreement is not always applicable to relations in the field of PPP, since the parties to the agreement have a different legal nature. The concessionaire (private partner) is influenced by the fact of entrepreneurial activity, the concessionaire (public partner) is influenced by the norms of budget legislation, and the practice of implementing projects in the field of PPP proves that only the concessionaire (private partner) bears classical civil liability in the form of damages and penalties. In order to solve the problem of inequality between the parties to the PPP agreement, manifested in the prosecution, the author proposes a number of legislative changes that are successfully applied in practice within the framework of freedom of contract.