Comparative analysis of administrative dohovoruz one form public-private partnership

Н.Р. Поліщук


Actuality. Today the institute administrative agreement met with a number of problems, particularly in the application. Since the legislation stipulates only the concept of the contract and its affiliation to the jurisdiction of administrative courts, so comparing it with the contract as a form of exercise of public-private partnership provides the opportunity to clarify the legal nature of administrative contracts, cases and ways of use, selection procedure and parties contract, scope.

The purpose of research is to identify common and distinctive features of contracts under public-private partnership and administrative contracts through a comparative analysis of research and legislation.

The question of choice rational means of influencing the socio-economic processes in order to improve governance practices in the market conditions of the state and society faced by domestic and foreign scientists. Among the researchers separated the two areas - promotion of dynamic processes and improve the institutions of national socio-economic systems.

It reveals the potential role of administrative agreements as forms of public-private partnerships. The analysis of foreign practice in the relationship between the concepts of contracts under public-private partnership and administrative contracts. Established the common features, manifested in the nature of relationships, the legal status of potential parties, objective conclusion - meet social needs and interests.

Contracting is a form of public-private partnerships. The law referred to such agreements concession contracts, joint activities of property management and other contracts. Scientists analyzing the global practice, as contracts allocate (administrative contracts) lease (leasing), public-private enterprises.

We should focus on the proposed implementation of the scientists form a public-private partnership - administrative contract. In terms of public-private partnership administrative contract - a contract concluded between the state (local government) and private company to carry out defined socially necessary and useful activities. The most common practice in public-private partnerships are contracts for works, public service management, supply goods for state needs, providing technical assistance.

The aim of the study was to analyze the different types of contracts awarded under a public-private partnership and administrative contracts in terms of possible parties, their legal status, the legal nature and the final expected result. Based on the comparison of conclusions that some of the agreements - forms of state-powerful partnership can be attributed to administrative contracts. They include only those in which one of the parties is a public authority or local government, has the authority, that enters into a contract for the implementation of administrative functions in order to maintain public interest. Exceptions are mixed type agreements which under the law have civil nature and cannot be recognized administrative contracts.

Administrative agreements have the same ideological foundations. First of all, they are aimed at ensuring the public interest - the public interest, without pleasure, that cannot, on the one hand, to realize private interests, on the other - to ensure the integrity, stability and normal development organizations, states, nations, social groups and society as a whole. Of course depending on who is the other side in the relations arising under such contracts there is private interest. Certainly in administrative agreements in which the other party is also the subject of power, it is not about the availability of private interest. In other cases, we can speak of private interest, manifested in receiving payment, expanding the market to attract investment.

Повний текст:




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