Верхнее меню

POOLING THE RESOURCES AS A SINE QUA NON CONDITION FOR PUBLIC PRIVATE PARTNERSHIP



Konstantin Lebedev
Vitaliy Rusakov
lebedev_konst@inbox.ru
rusakovvitaliy@yandex.ru
associate professor at Commercial Law Department Law Faculty Saint-Petersburg State University, PhD in Law, associate professor
senior lecturer at Civil Law Department State Institute of Economics, Finance, Law and Technologies
Saint-Petersburg
Gatchina

Keywords:

  • public private partnership
  • reasonable profit
  • cash deposit
  • efficiency and potential of investment project
  • results of intellectual activities
  • special bank account
  • pooling the resources
  • objective character of investments
  • The article substantiates possibility and necessity of pooling the resources (investments) with the ultimate reasonable profit earning by members of public private partnership. The authors state that investment pools might be strictly used in accordance with their designation as provided by the agreement. As a conclusion a proof has been given of the general rule wherein only cash resources might be considered an investment on the part of a private partner and in some cases one may consider exclusive rights on intellectual activities results, which have proven their efficiency after being tested and demonstrated ability to promote decreasing the value of investment project being implemented by the partnership.
    The relevance of the research is caused by the legislative void and the lack of established practice. The article presents original data, their analysis, which support the authors' point of view on existing controversial issues.
    The structure of the article reflects the logic of revealing the problem of pooling investments with participation of a public entity. In the course of the research the following methods have been used: system analysis, comparative-legal and Aristotelian analysis. The results received are aimed at being included into the draft Federal Law "On the Basic Principals of Public Private Partnership in the Russian Federation" as well as at being used in the course of implementing current investment projects.

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