Concession Agreements in Heat Supply
Introduction. In the West, concessions are the most common form of public-private partnership in such sectors of the economy as telecommunications and communications (60 %), energy production and distribution (19 %), transport (18 %), and water supply (3 %). As a form of public-private partnership concession agreement pursues the goal of involving private investment in the creation, reconstruction, modernization of socially significant publicly owned facilities. Based on public interests, government will determines the goals and parameters of the concession project and takes control over its using, and the concessionaire takes on operational activities (development, financing, creation, use, management, provision of services to consumers). Purpose. The purpose of this article is to conduct concessions, including the content concluding, amending and terminating a concession agreement in the field of heat supply. Methodology. Achieving this goal was achieved through the use of general scientific and particular scientific research methods: dialectical, formal logical, systemic-structural, comparative legal, technical-legal, linguistic, scientific analysis method. Results. The historical aspect of the formation of the concession and the analysis of concession models leads to the conclusion that this legal framework is the most effective alternative of public-private partnership in relation to socially significant infrastructure facilities. Conclusion. Today, there is a process of implementation of the concession mechanism in Russia, the state is interested in partnerships with private capital in weak investment areas. However, society and business have incomplete understanding of the essence of the concession, the practice of its application. The transition to a concession system means a change in the essence of relations between the state and business in both legal and economic contexts. The implementation form of the concession agreement should fix the balance and mutual interest of the parties in the application of the most effective, modern and technological methods of construction, reconstruction and use of facilities, as well as the provision of quality services to consumers.