GENERAL LEGAL CHARACTERISTIC OF FORMS (MEANS) PUBLIC-PRIVATE PARTNERSHIP IN REPUBLIC OF BELARUS
Journal Title: Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки - Year 2017, Vol 28, Issue 1
Abstract
In article the general legal characteristic of forms (means) of public-private partnership in Republic of Belarus, is carried out by the investment contracts with participation of the state which are in essence. These investment contracts, on the example of a concession contract and the investment contract with Republic of Belarus, have an independent subject, own legal regulation in view of what gain independent character. Their legal regulation is not only civil, have influence of standard of public character therefore these contracts have complex character. The analysis of legislative instructions concerning essential conditions of contracts allows to carry investment contracts with participation of the state to the difficult organizational (frame) contracts representing the interconnected system of organizational and property obligations. The concession contract and the investment contract with Republic of Belarus is independent the named contracts. Considering the position developed by the scientific doctrine that definition of a place in system of civil contracts is carried out when the contract is named in the Civil code, the studied contracts named not in the Civil code can't receive the place in system of civil contracts. Such contracts can't be carried unambiguously in one of groups of contracts depending on character of the relations and legal result on which contracts (are directed on transfer of property; on performance of work; on rendering services, about joint activity, etc.). We carry a concession contract and the investment contract with Republic of Belarus to number of investment contracts, as one of which parties the subject of business activity acts. On such investment contracts, as well as in a case with enterprise contracts general provisions of civil law behind the established withdrawals extend. We can state civil regulation of these contracts with the withdrawals caused by their definition as complex, organizational (frame) contracts. There are no bases of reference of a concession contract and the investment contract with Republic of Belarus to the mixed civil contracts
Authors and Affiliations
О. М. Куницкая
Keywords
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