Formation and Use of Joint Resources by Participants of Public-Private Partnership | Журнал правовых и экономических исследований

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Formation and Use of Joint Resources by Participants of Public-Private Partnership



V.I. Rusakov
RusakovVitaliy@yandex.ru
senior teacher at the Department of Civil Law of State Institute of Economics, Finance, Law and Technology, PhD in Engineering, associate professor
Gatchina
We analyze rules of the current legislation, scientists' doctrinal views on the legal regime for property. As an example,we use the investment project VSM-1 which mostly classifies personal property and real property in order to eliminate the inadequate use of these resources, and we offer some recommendations to be used while preparing similar public-private partnership agreements.

Keywords:

  • the legal regime for property
  • resource formation
  • joint ownership
  • trust management
  • participants of the public-private partnership
  • public partner
  • private partner
  • off-balance accounting
  • joint investment fund
  • ringfencing
  • The author states that public educational and business structures collaboration consists in making profits as a rule by means of joining the funds assigned for an investment project along with attracting high technologies based on the use of optimal control models. The ultimate target is obtaining positive social result. Lack of a single investments formation and application mechanism being legislatively secured keeps a check on project development within a Public-Private Partnership framework. On the basis of doctrinal determination of legal regime for property the article examines an example of implementing VSM-1 investment project wherein property complex is of different legal regime. For demonstrative purposes the article reveals its content with system-analysis technique, descriptive and Aristotelian method as well as legal norm interpretation methods being used. The author comes to the conclusion that after joining the funds establishing a joint investment fund (JIF) is expected. In this case the members of PPP forfeit a right for the funds transferred to JIF with JIF itself being considered to be common ownership.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5