Balance of interests of the parties in case of early termination of concession agreements

Abstract

The article examines the features of the current legislation in case of early termination of concession agreements, as well as analyzes the ratio of general and special rules on this issue. The position on the application of Part 5 of Article 15 of the Federal Law No. 115-FZ dated July 21, 2005 “On Concession Agreements” regarding the concessionaire’s right to demand reimbursement from the concedent for the creation and (or) reconstruction of the object of the concession agreement in case of early termination of concession agreements out of court is substantiated.
Problematic aspects of reimbursement of concessionaire’s expenses during termination of concession agreements in court are revealed. It is proposed to amend the Law on Concession Agreements to clarify the norm on reimbursement of expenses to the concessionaire in case of early termination of the concession agreement in case of complete or partial violation by the concessionaire of the essential terms of the agreement. On all issues considered, the author gives examples from judicial practice.