Classification of civil treaties in public-private partnerships in Russia

The author analyses major features of public-private partnerships (PPP) in the modern law. Using these features, the author justifies the classification of civil treaties in this sphere by dividing such treaties into two conditional groups: typical PPP treaties and civil investment treaties. It is stated that typical PPP treaties that possess attributes of all their characteristic features include such competing contractual forms as concession agreements and agreements of public-private (municipal-private) partnership. It is pointed out that civil investment treaties (quasi-PPP) include a number of agreements that possess single features of PPP (for example, investment contract, production sharing agreement, special investment contract and others). In the article, the author also touches on the questions of classification of the specific contractual forms that have PPP features (agreements on investment protection and encouragement, agreements on public services in the social sphere, life-cycle and offset contracts). Yet, it is reported that some of the agreements have dual nature and can be classified as belonging to another group. It is found out that proper systematization of PPP treaties and understanding of their features allow to form theoretical base on the delimitation of the legal constructions from one another, as well as to suggest amendments to the current legislation.