Commercial concession and contract. Overview of types and conditions

Concession, 租借

The word for the Russian language is borrowed. The borrowing language is German or French. Borrowing time - the end of the 18th century. The range of meanings is economic and legal. Economic significance- surrender by the state of enterprises or land plots for use by a "foreigner". Legal significance- an agreement on such delivery or a separate clause of an assignment agreement

The roots of the word are related to the Latin word concessio- permission, assignment. A new nuance is revealed if we turn to the deep sources: English concede, latin concedere admit, agree, admit from com- + cedere- to receive income, harvest. If we sum up - an agreement on the joint receipt of income, that is, a mutually beneficial agreement.

The modern meaning of the word as an economic and legal concept:
Concession broadly- This is an agreement between the state and business, fixing the conditions for the use of state property by business.
Concession in the narrow sense- an agreement on the transfer into operation of a foreign state, a company or an individual for a certain period of time, natural resources, enterprises and other economic objects owned by the state.
A concession is an enterprise working under a concession agreement.

Purpose of the concession- development or restoration of the national economy and the development of natural resources.

Types of concession agreements:
BOT (Build - Operate - Transfer)... For the concessionaire - construction, operation, and after a certain period - transfer of the facility to the state;
BTO (Build - Transfer - Operate)- "Construction - Transfer - Management". For the concessionaire - construction, transfer to the state (concessionaire) in ownership immediately after the completion of construction, then - transfer to operation of the concessionaire;
SBI (Build - Own - Operate)... For the concessionaire - construction, operation with ownership, the term of which is not limited;
BOOT (Build - Own - Operate - Transfer)... For the concessionaire - the possession and use of the constructed object on the basis of the right of private ownership for a certain period, after which - the transfer of the object to the state ownership;
BBO (Buy - Build - Operate). For the concessionaire - a purchase on terms of restoration or expansion of an existing facility.

Derived concepts:
Concessionaire- the one who received the concession (natural or legal person).
Concendent- the state granting the concession.
Concessionary- relating to the concessionaire, concessionaires.
Concession fee- established by the contract and determined on the basis of the expected results of the concession.

Scale of use... It is actively used in 37 countries of the world. At various times, the USSR had railway facilities on concession terms in Afghanistan, Austria, Finland, Mongolia, and North Korea.

Category:
Related concepts:
rent, wealth, rent
farming, lease, wealth
核准, 许可, 特许, 经营权, 租让企业, 租借合同

For the most part, the concept of a concession in Russian Federation used in economics and law. In the context of economics, this term defines the lease of land plots to foreign investors. Such an agreement can only be concluded by government agencies. From a legal point of view, a concession is a document that confirms a transaction or a separate part of it.

Concession concept

In the economy of our country, not so long ago, the concept of commercial concession, or franchising, was introduced. This is one of the most successful entrepreneurial methods for the development of the country's economy. Business develops under the concession system, bringing good revenues to the state budget and the users themselves.

The peculiarities of legislative regulation determine the success of the national economy, but, despite the fact that there are a lot of positive aspects, in automatic mode the market cannot itself regulate the life of society and establish the economic processes of the country. All this leads to the fact that not all segments of the population are financially protected, due to the fact that the money supply cannot be distributed equally among all members of society. Not all citizens are guaranteed the right to work, and not all disadvantaged or low-income families receive financial support from the state.

There is an adopted and current federal law that regulates individual concession agreements. This normative act and contributes to the development of concession relations. It takes into account the conclusion of agreements, their drafting and regulation, taking into account the entire procedure.

To satisfy all the interests of the national economy, the actions of this system must be coordinated and rational. All actions must be spelled out and enshrined at the legislative level. Such actions will help create a better environment for the development of the state economy.

As a method of doing business, a commercial concession is beneficial to both parties to the arrangement. As for the rightholders, they can effectively manage their property without spending a lot of money. In addition, the share of a legal entity in the modern market increases significantly upon the conclusion of this agreement. The user, on the other hand, will use an already developed and economically sustainable system for making money, therefore, with a high probability, this agreement will bring the expected profit.

The above conclusions are based on many years of practice. For example, franchising is very actively used in the USA, the number of sales through this system is equal to a trillion dollars. Concerning retail, then franchising takes about 40% of it. Likewise, in the British economy there is a fairly large mass of these legal relations.

So - a concession is an agreement between two parties, which makes it possible to lease to legal entities, individuals and foreign persons, plots of land, mineral resources and other values for the development of the economy.

Concession types

The main types of concessions are fixed in international practice. So, there are the following types of this legal relationship:

BOOT;

In the first case, we are talking about the construction of an object, its management and transfer. The concessionaire is engaged in the development and operation of the facility on the basis of ownership rights. Operation takes place for a specified period, and after that the object must be transferred to the state.

The second case involves the construction, transfer and management of objects. The concessionaire builds the facility, but it is then transferred to the ownership of the authorities. Only after that the property is transferred from the authorities to the developer for use.

In the next case, the legal relationship takes place in the form of construction, ownership and management. The concessionaire is engaged in the construction of the object, he also carries out its operation. The concessionaire owns the property as the owner. It is important that the terms of such a legal relationship are not limited.

The fourth case implies that the developer uses and owns the property on the basis of private ownership. Such legal relationship is valid for a certain period. When the term ends, the object becomes the property of the state. Another type of concession is the restoration of an object and its expansion. The state sells property in private sector, which is engaged in its further restoration. The purpose of this action is to effectively manage the facility.

So, for the use of entrepreneurs and firms can be provided not only objects, but also those lands from which it is possible to extract minerals. This is not privatization, and the state remains the owner of the land. But with all this, most of the income from activities is received not by the state, but by the investor. Concession agreements, unlike lease agreements, can have long terms, even be concluded for tens of years.

Commercial concession

The commercial concession agreement is the only legal institution that regulates legal relations regarding the creation and operation of intellectual property objects for their own purposes.

Until recently, namely before the approval of the fourth chapter of the Civil Code of the Russian Federation, this term had a different definition. The definition meant an agreement that was concluded between the two parties, the copyright holder and the user. The first party transferred to the second party a set of rights for a period and for a fee. Such rights can only be with this copyright holder, and these are:

commercial designation;
company name;
secret of a commercial nature, access to which is limited;
service mark;
trademark and so on.

Since 2008, this rule has been applied in a new way. The first party now undertakes to provide the other party with the opportunity to use its exclusive rights for a fee. This legal relationship can be concluded for a certain period or without specifying terms. The list of exclusive rights may include the right to a trademark, service mark and other rights. Thus, a commercial concession is a contract that is identical to an agreement such as a franchise or franchise known in the global economy.

The term "commercial concession" is a justifiable name for this agreement. This is due to the fact that science also uses this term. Usually, a concession agreement implies the conclusion of a legal relationship between the state and a foreign investor. The state gives the investor the opportunity to carry out his activities and receive profit from this. In Russian legislation, you can find such a term as "production sharing agreement". This section establishes the rules for the division of production between the foreign investor and the state.

There is also another term - a concession agreement. According to this term, one party creates or reconstructs real estate at its own expense. This is the object of the concession agreement. The ownership of the property, which is the object of the agreement, belongs to the grantor. He, in turn, provides the concessionaire, that is, the other party, with an object to carry out his activities. Thus, a concession agreement cannot act as a separate type of agreement, it is an agreement that has characteristics different types agreement.

As for the commercial concession agreement, it must contain the data of both parties, their addresses and names. You should also identify what the parties are doing, that is, determine the type of their activities. They also determine the type of contract and all of its provisions. Such provisions must be previously agreed upon by the parties in advance.

Terms of an agreement

In the commercial concession agreement, both main and secondary conditions must be spelled out. In order to draw up this type of contract, there are quite stringent requirements. These agreements must be registered after their conclusion with the territorial offices of the Federal Tax Service. Such departments maintain a parity of entrepreneurs.

Considering that the subject of the agreement is a permit for the exploitation of exclusive rights, it is necessary, after its conclusion, to go through another procedure for registering the agreement. It is carried out within the walls of the patent office, and without such registration, the document may not be recognized as valid at all.

The obligation to conclude an agreement and obtain all necessary licenses and permits is the obligation of the copyright holder. If the rights are transferred to other legal entities, then usually the second side of the legal relationship is the new rightholder. In this case, the document does not lose its legal force. The same applies to the case if the copyright holder suddenly dies. And at the same time, new copyright holders will take its place. If they strictly follow the entire inheritance procedure, then the contract will not lose its legal force.

Thus, the concession provides for contractual agreements, upon the conclusion of which a foreign investor can use the property of the state, acquiring ownership of the products or goods produced. The objects of such contracts may be land, entrepreneurship and more. One of the varieties of a concession agreement is a commercial concession or franchise. This contract implies the use of trademarks, brand or trade secrets of the copyright holder.

For use in Russian speech, this word was borrowed from French or German around the end of the 18th century. The concept of a concession is mostly applicable in the economic as well as in the legal spectrum of meanings.

In an economic context given word implies the surrender by state authorities of land areas or enterprises for operation to foreign investors, and in legal terms - a document confirming the conclusion of a lease transaction or a separate fragment of an agreement on a specific assignment.

Concession concept. Legislative basis of this issue

Recently, in the economy of our country, methods and technologies for the development of entrepreneurial activity, previously formed and successfully applied abroad, began to develop.

One of these methods is considered to be the development of a business according to the commercial concession system, or, as it is also called,. The success of the development of the system of the national economy is due to the peculiarities of legislative regulation.

Despite the large number of positive properties, the market as a whole is not capable of automatically adjusting all social and economic processes of organizing the life of society or its individual representatives. At the same time, it is not provided at all even distribution money supply, the right to work cannot be guaranteed, as well as material support for disadvantaged groups of the population.

the federal law on individual concession agreements No. 115-FZ contributes to the formation of a legal basis for the development of concession relations, taking into account the procedure for drawing up, regulating, and terminating concession agreements.

In order for the interests of all elements of the system of the national economy to be satisfied, it is necessary to ensure a balanced regulation of all actions and to consolidate them on a legal basis for a better development of the economic situation in the state.

Commercial concession as a method of doing business has benefits for all parties to the arrangement. It enables copyright holders to effectively expand business opportunities and increase the share of a legal entity's presence in the modern market at insignificant costs. Each user is given the opportunity to start his own business using a previously created and proven technology with a fairly high probability of the stability of the enterprise. Such conclusions are confirmed by many years of experience of foreign enterprises.

For example, in the United States, franchise sales are one trillion dollars. At the same time, franchising accounts for about 40% of retail purchases. A fairly high turnover is also recorded in the British franchising system.

For what a concession is, see the following video:

Types of concessions

Today, in our state, the process of formation of state innovation activities is under way, aimed at improving the quality and standard of living of citizens, improving technical equipment, increasing the quality of resource conservation, increasing labor productivity, etc. The development of the existing branches of our system of national economy is not possible without normal work necessary infrastructure support.

Domestic infrastructure facilities have an increased level of wear and tear and too low management efficiency. As the world and specifically Russian experience in the development of statehood shows, the most effective way of introducing innovations in various sectors of infrastructure is considered to be such a form of cooperation as a concession. Wherein individual techniques conducting public and private cooperation can be interpreted in different ways.

Raising funds in the form of investments in municipal area the system of the national economy, subject to the saving of property at the disposal of key fund organizations, makes it possible to solve the socio-economic issues facing the employees of local government departments. A concession is one of the possible forms of public-private cooperation in a given industry. Municipal property management is considered to be the foundation of social and economic progress. Skillful use of assets at the disposal of local government employees makes it possible to fulfill the goals set in the development of a particular territory. The entire list of tasks performed is aimed at bringing benefit to all participants in the municipality.

Commercial concession represents one of the possible types of relationships between two entities operating within the market of one public education... In this case, one party, in exchange for financial reward, transfers the second the right to use a particular type of business, operating according to a specially developed model.

If you have not registered an organization yet, then easiest This can be done using online services that will help you generate all the necessary documents for free: If you already have an organization and you are thinking about how to facilitate and automate accounting and reporting, then the following online services come to the rescue, which will completely replace the accountant in your company and will save you a lot of money and time. All reports are generated automatically, signed with an electronic signature and sent automatically online. It is ideal for individual entrepreneurs or LLC on the USN, UTII, PSN, TS, OSNO.
Everything happens in a few clicks, without queues and stress. Try it and you will be surprised how easy it became!

Examples of concession agreements

Concessions played a huge role in the implementation process economic policy USSR in 1921. The need for their application for the development of the industry Agriculture was indicated by V.I. Lenin. Literally every railroad track in Russia was designed and built on a concession basis. Soviet Union collaborated with such franchises as Siemens or Halske. These organizations received the largest order for the implementation and use of telegraph connections on the territory of our country.

The restoration of the system of the national economy in the Soviet Union, destroyed to its foundations as a result of several wars, in many aspects was ensured precisely thanks to the system of concession agreements used as the main element of external commercial relations. Agricultural, forestry, mining, and other types of raw material concessions were considered the main ones at that time. They were realized through financing by foreign concessionaires, the number of which in many respects exceeded the number of concluded business agreements.

In the practice of international relations, the development of large-scale projects in the field of industrial infrastructure for the most part accompanies the flow of private capital in a variety of forms, mainly within the framework of the concession, rather than privatization.

Today, the Russian Federation is actively launching concession projects in such spheres of activity:

Communal services;
Transport infrastructure;
Social sphere;
Road facilities.

As illustrative example One of the ongoing projects can be considered the airport complex "Central", developed in the city of Saratov.

An example of concessional relations between the government and private business in Perm is shown in the following video:

Drawing up a concession agreement

A concession agreement is a document according to which employees of the executive branch or territorial self-government departments enable a legal entity to engage in the construction of a concession facility or its improvement, as well as to manage its work in accordance with the provisions of the law in order to meet the needs of the population.

Form and structure

The contract must contain all the data of the representatives of the two parties, the type of their business or any other type of activity, as well as the specific subject of the contract and all existing conditions previously agreed upon orally by all parties to the agreement.

Essential conditions

There are always very stringent requirements for the execution of such an agreement.

Such contracts are always registered at the territorial offices of the Federal Tax Service, which keep records of entrepreneurs. Given that the subject of the agreement to be concluded will be permission to exploit exclusive rights to specific objects, you must also go through additional procedure registration with a special patent office, since the document may be invalidated.

Registration and receipt of the necessary is considered exclusively the responsibility of the copyright holder.

If the transfer of exclusive rights to other legal entities is carried out, the new rightholder usually becomes the second party to the agreement, and the document itself will certainly remain in force. This also applies to the possibility of death of the current rightholder, in whose place, of course, may be his legal direct heirs. In this case, full compliance with the procedure for the transfer and acceptance of inheritance will be required.

Additional terms

Concession Arrangements can be terminated if the rightholder loses the opportunity to use the company name, as well as in the case of one of its parties, since in such cases the possibility of participation in the form of an object of a business agreement disappears.

As the reasons for the termination of the concession agreement, its premature termination is allowed, but only if the other party was previously notified of such intentions.

The timing

The duration of a specific agreement is discussed in advance by the participants and is indicated in the document accordingly.

About the commercial concession agreement, see this video:

Transfer of rights

The franchise owner sends his proposals to specific legal entities.

Potential acceptors familiarize themselves with all existing conditions agreements that have been found to be up-to-date. In this case, each intention of the owner of the franchise, as well as the obligation to conclude a deal with future acceptors, must be prescribed.

The concession mechanism has a common typological difference and historical peculiarity with the system of the national economy of the Russian Federation.

Among the existing goals set by the parties to concession agreements, two main subgroups can always be distinguished: social and economic. The concession mechanism is the most in the best way ensures the observance of state interests, as well as the needs of business and certain groups of the population.

At the same time, the goals of the activities of legal entities are established not only due to the possibilities of efficiency in accordance with the process of development of the system of the national economy, but also take into account the interests of citizens.

Concession agreements - legal basis

Since the adoption in 2005 of Federal Law No. 115-FZ of July 21, 2005, a powerful tool has emerged in our country for attracting private capital to the Russian economy.

The development of a management system for the property complex of the communal sector using concession agreements is one of the directions of the development of housing and communal services. The transition from lease agreements for communal infrastructure systems to concession agreements will allow, on the one hand, to maximally protect the investments of investors, on the other hand, to preserve life support systems in state and municipal ownership.

We will talk about the legal basis of concession agreements in this article.

So, Federal Law No. 115-FZ of July 21, 2005 "On Concession Agreements" (hereinafter - Law No. 115-FZ) was adopted on July 21, 2005, but since the Russian institution of concession is constantly being improved, the law has been amended more than once.

So what exactly is a concession? To answer this question, let us turn to Part 1 of Article 3 of Law No. 115-FZ.

A concession agreement is an agreement under which one party (the concessionaire) undertakes at its own expense to create and (or) reconstruct the property specified in this agreement (immovable property or immovable property and movable property, technologically related to each other and intended for the implementation of activities provided for by the concession agreement ) (hereinafter referred to as the object of the concession agreement), the ownership of which belongs or will belong to the other party (grantor), to carry out activities using (operation) of the object of the concession agreement. The obligation of the concessor under the concession agreement is to provide the concessionaire for the period established by this agreement, the right to own and use the object of the concession agreement for the implementation of the specified activity.

In other words, a concession agreement is an agreement according to which the concessionaire, at his own expense, creates and (or) reconstructs, and also uses in his activities the real estate determined by the agreement, and this property is in state or municipal ownership.

In essence, a concession agreement is a contract that contains elements of various contracts. The rules of civil law on contracts, the elements of which are contained in the concession agreement, apply to the relations of the parties under such an agreement in the relevant parts, unless otherwise follows from Law No. 115-FZ or from the essence of the concession agreement (part 2 of Article 3 of Law No. 115-FZ).

The list of property that can become the object of the concession agreement contains article 4 of Law No. 115-FZ, according to clause 11 of part 1 of which the object of the concession agreement may be communal infrastructure systems and other utility facilities, including heat, gas and energy supply facilities , centralized systems of hot water supply, cold water supply and (or) sewerage, individual objects of such systems, processing and disposal (disposal) of household waste, objects intended for lighting the territories of urban and rural settlements, objects intended for the improvement of territories, as well as social - for household use.

Note!

The object of the concession agreement to be reconstructed at the time of the conclusion of the agreement must be in the ownership of the concessionaire and at the time of its transfer to the concessionaire must be free from the rights of third parties. Moreover, the concessionaire reconstructing the object of the agreement should not change its intended purpose, this is unacceptable (parts 4, 5 of article 3 of Law No. 115-FZ).

If the object of the concession agreement is the property provided for in paragraph 11 of Part 1 of Article 4 of Law No. 115-FZ, which we named above, such property at the time of the conclusion of the concession agreement may belong to a state or municipal unitary enterprise on the basis of the right of economic management (Part 4 of Article 3 of Law No. 115 -FZ).

Model concession agreement in relation to systems of communal infrastructure and other communal facilities, including facilities for water, heat, gas and energy supply, sewerage, treatment Wastewater, processing and disposal (burial) of household waste, objects intended to illuminate the territories of urban and rural settlements, objects intended for the improvement of territories, as well as social facilities approved by the Government of the Russian Federation dated December 5, 2006 No. 748 (hereinafter - Model agreement No. 748).

The parties to the concession agreement are the grantor and the concessionaire. In accordance with part 1 of Article 5 of Law No. 115-FZ, the following may act as a grantor:

l the Russian Federation, on behalf of which the Government of the Russian Federation or the federal executive body authorized by it acts;

l the constituent entity of the Russian Federation, on behalf of which the body acts state power subject of the Russian Federation;

l municipality, on behalf of which the local government acts.

In some cases, not only state authorities of different levels, but also organizations authorized by the grantor can act on behalf of the grantor.

If the object of the concession agreement is the property provided for in paragraph 11 of Part 1 of Article 4 of Law No. 115-FZ and belonging to a state or municipal unitary enterprise on the basis of the right of economic management, such an enterprise participates on the side of the grantor in the obligations under the agreement. The powers of the grantor exercised by such an enterprise, including the powers to transfer the object of the concession agreement and (or) other property transferred by the grantor to the concessionaire under the concession agreement, are determined by the concession agreement. At the same time, such a state or municipal unitary enterprise transfers to the concessionaire the rights to own and use real estate that is part of the object of the concession agreement and (or) other property transferred by the concessionaire to the concessionaire under the concession agreement, and signs the corresponding acts of acceptance and transfer (part 1.1 of Article 5 of Law No. 115-FZ).

The concessionaire can be individual entrepreneur, a Russian or foreign legal entity, or two or more of these legal entities acting without forming a legal entity under a simple partnership agreement (joint activity agreement).

In other words, a concession is a concession by the state for a certain period and on certain conditions of its property rights and rights to certain types economic activity to non-state foreign or domestic companies and merchants.

The change of persons under a concession agreement by assigning a claim or transferring a debt is allowed with the consent of the grantor from the moment the object of the concession agreement is put into operation. The concessionaire is not entitled to pledge his rights under the concession agreement. In the event of a change of persons under the concession agreement, it is not allowed to amend the terms of the concession agreement, which determine the technical characteristics of the object of the concession agreement (part 2 of Article 5 of Law No. 115-FZ).

Replacement of a person under a concession agreement in the event of non-fulfillment or improper fulfillment by the concessionaire of its obligations to the creditor is carried out by the concessor holding a tender in order to replace the person under the concession agreement. The requirements for such a competition are established by part 5 of Article 5 of Law No. 115-FZ.

An essential condition of the concession agreement is its validity period. In accordance with Article 6 of Law No. 115-FZ, the validity period is established by the agreement, taking into account the following factors:

l the term of creation and (or) reconstruction of the object of the concession agreement;

l the volume of investments in the creation and (or) reconstruction of the object of the agreement and the payback period of such investments;

l other obligations of the concessionaire and (or) the grantor under the concession agreement.

The fee under the concession agreement is provided for in Article 7 of Law No. 115-FZ. As established by part 1 of the named article, the concession agreement provides for a fee paid by the concessionaire to the grantor during the period of use (operation) of the object of the agreement. Payment of fees may be envisaged both during the entire term of the agreement, and during its individual periods. The amount of the fee, the form, procedure and terms for its payment by the concessionaire are established by the concession agreement in accordance with the decision on the conclusion of the concession agreement.

The concession fee can be set in the form:

l defined in a fixed amount of payments made periodically or in a lump sum to the budget of the corresponding level;

l a specified share of products or income received by the concessionaire as a result of the activities provided for by the concession agreement;

l transfer to the grantor of ownership of the property owned by the concessionaire.

The agreement may provide for a combination of the above forms of the concession fee.

Meanwhile, the concession agreement may not provide for the payment of a fee by the concessionaire, but only if certain conditions are met:

l if the concessionaire sells manufactured goods, performs work or renders services at regulated prices (tariffs) or taking into account established price markups (tariffs);

l if the terms of the concession agreement provide for the acceptance by the concessor of a part of the costs of creation and (or) reconstruction, use (operation) of the object of the agreement or payment of the concessor under the agreement.

How is the concession agreement concluded? From Article 13 of Law No. 115-FZ it follows that a concession agreement is concluded through a tender for the right to conclude an agreement, except for the cases that we will talk about later.

Agreements in the field of housing and communal services are concluded in accordance with the already named Model Agreement No. 748 and must include all the essential conditions established by Law No. 115-FZ. In addition, agreements may include conditions that are not regulated by Model Agreement No. 748 and do not contradict the legislation of the Russian Federation and tender documentation.

The tender for the right to conclude a concession agreement in accordance with Article 21 of Law No. 115-FZ may be open or closed. The difference between an open and a closed tender is that applications for participation in an open tender can be submitted by any person, only persons who have been invited to participate in such a tender in accordance with the decision to conclude a concession agreement can take part in a closed tender.

We will not consider a closed tender, since such tenders are held if the agreement is concluded in relation to objects, information about which constitutes a state secret, as well as in relation to objects of strategic importance for the security of the state.

Let's consider the procedure for holding an open tender for concluding a concession agreement.

The decision to conclude a concession agreement is made by the grantor, which follows from Article 22 of Law No. 115-FZ. We have already talked about who can act on the side of the grantor in the article, but we note that most often the grantors are municipalities, on behalf of which local governments act.

The solution must establish:

l conditions and criteria of the tender, as well as the parameters of the criteria of the tender;

l the term of publication of the announcement of an open tender. The notice is published in the official publication determined by the concessor and posted on the official website on the Internet within the time period established by the tender documentation, not less than 30 working days before the deadline for submitting applications for participation in the tender. The information that must be indicated in the announcement of the tender is contained in Article 26 of Law No. 115-FZ;

l the body authorized by the grantor to approve the tender documentation and make changes to it, as well as to create a tender commission and approve its personnel. Note that the number of members of the competition commission cannot be less than 5 people (Article 25 of Law No. 115-FZ), and the members of the commission cannot be citizens who have submitted applications for participation in the competition or are on the staff of organizations that have submitted applications, or citizens who are shareholders (participants) of these organizations, members of their management bodies or affiliates of the participants in the competition.

Tender documentation in accordance with Article 23 of Law No. 115-FZ must contain, in particular, the following information:

l conditions of the competition;

l composition and description, including technical and economic indicators, of the object of the concession agreement and other property transferred by the concessionaire to the concessionaire under the concession agreement;

l the requirements for the bidders and in accordance with which the preliminary selection of bidders is carried out (if the object of the agreement is the property specified in part 1.2 of Article 10 of Law No. 115-FZ, namely heat supply facilities, centralized hot water supply systems, cold water supply and (or) water disposal, as well as individual objects of such systems, the requirements that apply to the bidders are not established);

l competition criteria and criteria parameters;

l an exhaustive list of documents, materials and forms of their submission by applicants, participants in the competition;

l the procedure for submitting applications for participation in the competition and the requirements for them, as well as the place and deadline for submitting applications;

l the procedure, place and deadline for the submission of tender documentation, as well as the procedure for providing clarifications to the provisions of the tender documentation (explanations are submitted in writing if the request is received no later than 10 working days before the deadline for submitting applications for participation in the tender; explanations sent to each applicant no later than 5 working days before the deadline for submitting applications for participation in the competition);

l an indication of how the concessionaire ensures the fulfillment of obligations under the concession agreement, and if the object of the concession agreement is the property specified in part 1.2 of Article 10 of Law No. 115-FZ, the requirement for the winner of the tender to provide an irrevocable guarantees in accordance with the requirements established by parts 4 and 4.1 of article 10 of Law No. 115-FZ, but not less than in the amount specified in the tender documentation;

l the amount of the deposit made to secure the fulfillment of obligations under the concession agreement;

l the size of the concession fee, form or form, the procedure for its payment;

l the procedure, place and deadline for submitting bids, as well as the procedure and deadline for changing or withdrawing applications for participation in the tender and bids (the applicant has the right to change or withdraw his application before the deadline for submitting applications to the tender commission for participation in the tender);

l order, place and date of opening envelopes with applications;

l the procedure and deadline for the preliminary selection of participants, the date of signing the protocol on its conduct;

l the procedure for considering and evaluating bids, the procedure for determining the winner of the tender, the deadline for signing the protocol on the results of the tender;

l the term for signing the concession agreement, as well as requirements for the winner of the tender to submit documents confirming the fulfillment of the obligations of the concessionaire under the agreement.

l the term for the transfer by the concessionaire to the concessionaire of the object of the concession agreement and (or) other property transferred by the concessionaire to the concessionaire under the concession agreement.

If, when the concessionaire carries out the activities provided for by the concession agreement, the sale of the goods produced by the concessionaire, the performance of work, the provision of services are carried out at regulated prices (tariffs) and (or) taking into account the established markups to prices (tariffs) and by the decision of the concessioner, long-term parameters for regulating activities are established the concessionaire, the tender documentation must contain such parameters (part 1.1 of article 23 of Law No. 115-FZ).

If the object of the concession agreement is the property specified in part 1.2 of Article 10 of Law No. 115-FZ, the tender documentation also includes:

l the minimum permissible planned values of the performance indicators of the concessionaire and long-term parameters for regulating the activity of the concessionaire;

l the draft of the concession agreement and the task being formed;

l the requirement for the bidders to indicate as part of the tender proposal the main measures that ensure the achievement of the objectives stipulated by the assignment and the minimum permissible planned values of the performance indicators of the concessionaire, with a description of the main characteristics of such measures;

l volume of productive supply of thermal energy (power) and (or) heat carrier or volume of supply of water and (or) water disposal in the year preceding the first year of validity of the concession agreement, as well as forecast of the volume of effective supply of heat energy (power) and (or) heat carrier, forecast of the volume of water supply and (or) wastewater disposal for the duration of the concession agreement;

l prices for energy resources in the year preceding the first year of the concession agreement, and forecast prices for energy resources for the term of the concession agreement;

l losses and specific consumption of energy resources per unit volume of productive supply of heat energy (power) and (or) coolant, per unit volume of water supply and (or) wastewater disposal in the year preceding the first year of validity of the concession agreement (for each type of energy resource used) ;

l the amount of uncontrollable expenses (excluding expenses for energy resources, concession fees and corporate income tax);

l one of the tariff regulation methods (the method of ensuring the return on invested capital, the method of return on invested capital or the method of indexing the established tariffs, the method of indexing);

l limit (minimum and (or) maximum) values of the competition criteria provided for in clauses 2 - 5 of part 2.3 of Article 24 of Law No. 115-FZ;

l the maximum (maximum) growth of the required gross revenue of the concessionaire from the implementation of regulated activities provided for by the regulatory legal acts of the Russian Federation in the field of heat supply, in the field of water supply and sanitation, in relation to the previous year;

l other prices, quantities, values, parameters, the use of which for the calculation of tariffs is stipulated by the regulatory legal acts of the Russian Federation in the field of heat supply, in the field of water supply and sanitation;

l a copy of the prepared report on the technical examination of the property transferred by the concessionaire to the concessionaire under the concession agreement;

l copies of the annual accounting (financial) statements for the last three reporting periods of the organization that operated the property transferred by the concessionaire to the concessionaire under the concession agreement, if this organization operated this property at any time during the specified periods and was obliged to keep accounting records in accordance with the legislation of the Russian Federation on accounting;

l posted on the official website on the Internet copies of proposals for setting prices (tariffs) for the last three periods of regulation of the organization that operated the property transferred by the concessionaire to the concessionaire under the concession agreement, if such proposals are available.

Please note that the tender documentation posted on the official website on the Internet must be available for review free of charge, which follows from part 4 of Article 23 of Law No. 115-FZ. From the date of publication of the announcement of the open tender, the grantor, the commission are obliged, on the basis of a written application of any interested person, to provide the tender documentation in the manner and terms specified in the announcement of the tender.

The criteria for the competition are determined by Article 24 of Law No. 115-FZ.

To participate in the tender for concluding a concession agreement, an application must be submitted, which must meet the requirements provided for in the tender documentation and contain documents and materials confirming the applicant's compliance with the requirements for participants, which follows from Article 27 of Law No. 115-FZ.

The application for participation in the competition must be submitted no later than thirty working days from the date of publication and placement of the announcement of the competition. An application is drawn up in two copies (original and copy) in Russian in writing. An application is drawn up in any form. Each of the copies of the application must be certified with the signature of the applicant and submitted to the tender committee in a separate sealed envelope. The application must be accompanied by an inventory of the submitted documents and materials, the original of which remains with the tender committee, and a copy with the applicant. The inventory must also be certified by the signature of the applicant.

The application submitted to the competition commission must be registered in the application log under a serial number indicating the date and exact time (hours and minutes) of its submission. Order number of the application and exact time are affixed on copies of the inventory of the submitted documents and materials.

Opening of envelopes with applications for participation in the tender in accordance with Article 28 of Law No. 115-FZ is carried out at a meeting of the tender committee, and applicants or their representatives who have the right to make audio recording, video recording, photographing are entitled to be present at this meeting. When the envelopes are opened, the name (full name) and location (place of residence) of each applicant whose envelope is opened, as well as information on the presence of documents and materials in the application, the presentation of which is stipulated by the tender documentation, are announced and entered into the minutes.

After opening all envelopes, a preliminary selection of bidders is carried out (Article 29 of Law No. 115-FZ). Based on the results of the selection of participants, the commission makes a decision on the admission of the applicant to participate in the competition or on the refusal of admission. Decision drawn up in a protocol indicating the persons who passed the preliminary selection and admitted to the competition, and indicating the persons who did not pass the selection and were not allowed to participate in the competition with justification of the reasons.

Please note that the decision to deny the admission of the applicant to participate in the competition is made if:

l the applicant does not meet the established requirements;

l the application for participation in the tender does not meet the requirements for applications established by the tender documentation;

l the submitted documents and materials are incomplete and (or) unreliable;

l the applicant's deposit was not credited to the account on time and in the amount established by the tender documentation (provided that the deposit is provided).

Within three working days from the date of signing the protocol of the preliminary selection, but no later than 60 working days before the expiration date for the submission of bids, the tender commission sends a notification to the bidders with a proposal to submit bids.

The procedure for submitting bids is set out in Article 30 of Law No. 115-FZ. The tender proposal is drawn up in Russian in writing in two copies, one of which is the original, the other is a copy. Each copy is certified by the signature of the participant of the competition and submitted to the commission, as well as the application for participation in the competition, in a separate sealed envelope. A certified inventory of the submitted documents and materials in duplicate is attached to the tender proposal. The original of the inventory remains with the commission, and a copy is kept by the participant of the competition.

The tender proposal is also registered in the journal under a serial number indicating the date and exact time (hours and minutes). On the copy of the inventory, a note should be made about the date and time of the submission of the tender proposal, indicating its number.

Note!

If the tender documentation provides for the payment of a deposit, then after the day of the end of the submission of applications, the participant must pay a deposit in the manner, in the amount and within the time period established by the tender documentation. After the day of expiry of the deadline for submission of bids, the advance payment cannot be made by the bidder.

The moment of expiry of the term for submission of bids is the moment when the commission opens the envelopes with bids. Until this moment, the bidder still has the right to change or withdraw his proposal.

Opening of envelopes is carried out in a manner similar to that provided for the opening of envelopes with applications for participation in the tender for concluding a concession agreement. That is, when opening envelopes with bids, a protocol is also drawn up, where, in particular, information about the content of the bid is entered.

Consideration and evaluation of proposals is carried out by the commission in accordance with the procedure established by the tender documentation. Based on the results of consideration of proposals, the commission makes a decision on the compliance or non-compliance of the submitted tender proposal with the established requirements. A decision on non-compliance in accordance with part 3 of article 32 of Law No. 115-FZ will be made if:

l the tender participant has not submitted documents and materials provided for in the tender documentation, confirming the compliance of the tender proposal with the established requirements, and confirming the information contained in the tender proposal;

l the condition contained in the tender proposal does not correspond to the established parameters of the tender criteria and (or) the limit values of the tender criteria;

l documents and materials submitted by the bidder are unreliable.

Evaluation of bids is carried out in accordance with parts 5, 5.1 and 5.2 of article 32 of Law No. 115-FZ.

We will learn how the winner of the competition is determined by referring to Article 33 of Law No. 115-FZ. The winner is the participant who offered the best conditions, determined in the manner prescribed by part 6 of Article 32 of Law No. 115-FZ. If the object of the concession agreement is the property specified in part 1.2 of article 10 of Law No. 115-FZ, the best conditions are determined in the manner prescribed by part 5.2 of article 32 of Law No. 115-FZ. In a situation where two or more tender proposals contain equal best conditions, the winner will be the participant who submitted the tender proposal to the tender commission earlier than other participants.

The decision to determine the winner is drawn up in a protocol, which must be signed by the tender commission no later than 5 working days from the date of signing the protocol for the consideration and evaluation of bids. This period is established by part 1 of Article 34 of Law No. 115-FZ. The protocol is kept by the concessor during the term of the concession agreement.

The sums of the deposits contributed by the participants of the competition, within 5 working days from the date of signing the protocol on the results of the competition, are returned to all participants, with the exception of the winner.

A message on the results of the tender with an indication of its winner or that the tender did not take place, in accordance with Article 35 of Law No. 115-FZ, must be published by the commission within 15 working days from the date of signing the protocol on the results of the tender or the grantor's decision to announce the tender failed. Within the same time frame, the tender commission sends a notification to the participants of the tender about the results of its holding, and the notification can be sent in electronic form.

So, the winner of the competition has been determined. The grantor, within five working days from the date of the signing by the competition commission of the protocol on the results of the competition, must send the winner a copy of this protocol and the draft concession agreement. The concession agreement on the basis of Article 36 of Law No. 115-FZ must be signed within the time period established by the tender documentation and indicated in the notice of the tender.

The grantor may decide to refuse to conclude a concession agreement with the winner of the tender if the winner has not submitted to the grantor the documents provided for by the tender documentation and (or) the specified draft of the concession agreement and confirming the performance of obligations before the day specified in the tender documentation.

After the day of signing by the members of the tender commission of the protocol on the results of the tender, the body authorized by the grantor, on the basis of the decision to conclude a concession agreement, conducts negotiations in the form of joint meetings with the winner of the tender or with another person in respect of whom the decision to conclude a concession agreement has been made, for the purpose of discussion the terms of the concession agreement and their possible change based on the results of negotiations. Based on the results of the negotiations, the terms of the agreement cannot be changed if the specified conditions were the criteria of the tender and (or) their content was determined on the basis of the tender proposal of the person in respect of whom the decision was made to conclude a concession agreement. The term and procedure for conducting negotiations are determined by the tender documentation. The tender documentation must provide for the terms of the concession agreement, which are not subject to change during negotiations, and (or) the conditions that are subject to change in compliance with the procedure provided for in the tender documentation. The notice on the conclusion of the concession agreement is subject to publication in the manner and within the time limits established by the Government of the Russian Federation, the state authority of the constituent entity of the Russian Federation, the local government in the decision to conclude a concession agreement (part 1.1 of Article 36 of Law No. 115-FZ).

Please note that the above provisions on negotiations do not apply if the object of the concession agreement is the property specified in part 1.2 of Article 10 of Law No. 115-FZ.

If the winner of the tender refuses or evades signing the concession agreement within the specified period, the concessor has the right to propose to conclude a concession agreement to that tender participant whose proposal, based on the results of consideration and evaluation, contains the best conditions following the conditions proposed by the winner.

Note!

The paid advance will not be returned to the winner of the tender who has not signed the concession agreement within the prescribed period, which follows from part 2 of Article 36 of Law No. 115-FZ.

The concession agreement is concluded in writing and comes into force from the moment of its signing.

It should be noted that a concession agreement can be concluded without holding a tender in the cases provided for by part 6 of article 29 and part 7 of article 32 of Law No. 115-FZ, as well as in other cases provided for by the aforementioned law.

Law No. 115-FZ defines not only the procedure for concluding a concession agreement, but also issues related to the liability of the parties to the agreement, the guarantees provided to the parties.

The responsibility of the concessionaire for the quality of the object of the concession agreement is provided for in Article 12 of Law No. 115-FZ. The concessionaire is liable to the grantor for the violation of the requirements established by the agreement and (or) the requirements of technical regulations during the creation and (or) reconstruction of the object of the concession agreement, project documentation, other mandatory requirements to the quality of the created and (or) reconstructed object of the concession agreement.

In case of violation of the established requirements, the grantor has the right to demand from the concessionaire the gratuitous elimination of such violation within a reasonable period of time established by the grantor. The concessor has the right to demand compensation from the concessionaire for damages caused if the violation of the established requirements has not been eliminated within a reasonable period of time established by the concessor or is significant.

The concessionaire bears the responsibility for the quality of the object of the agreement to the concessor within the period established by the concession agreement. If no such period has been established, then within five years from the date of transfer of this object to the grantor.

By agreement of the parties, the concession agreement may be changed. The terms of the concession agreement, determined on the basis of the decision to conclude the concession agreement and the tender offer of the concessionaire according to the criteria of the tender, can be changed by agreement of the parties to the concession agreement on the basis of a decision of the Government of the Russian Federation (for a concession agreement in which the Russian Federation is the concessionary), a public authority of a constituent entity of the Russian Federation (for a concession agreement in which the concession holder is a constituent entity of the Russian Federation) or a local government body (for a concession agreement in which the grantor is a municipality), as well as in the cases provided for in part 3.1 of article 13, part 7 of article 5, parts 1, 3 and 4 of Article 20 and Article 38 of Law No. 115-FZ.

In the event that the object of the concession agreement is the property specified in part 1.2 of Article 10 of Law No. 115-FZ, to change the conditions of the concession agreement, including the conditions changed by agreement of the parties on the basis of decisions of state authorities or local self-government bodies, determined on On the basis of the decision to conclude a concession agreement, tender documentation and the concessionaire's tender proposal according to the tender criteria, the consent of the antimonopoly authority is required. This consent is also required in the event of a change in the terms of the concession agreement on the grounds provided for in parts 1, 3 and 4 of Article 20 of Law No. 115-FZ. Please note that in order to change the terms of the concession agreement in the cases provided for in Part 3.1 of Article 13, Part 7 of Article 5 and Article 38 of Law No. 115-FZ, the prior consent of the antimonopoly authority is not required.

A concession agreement, at the request of one of the parties, may be changed by a court decision on the grounds provided for by the Civil Code of the Russian Federation, in particular, in the event of a material violation of the terms of the agreement by the other party to the concession agreement. Significant violations of the terms of the concession agreement by the concessionaire in accordance with Part 2 of Article 15 of Law No. 115-FZ are:

l violation of the terms of creation and (or) reconstruction of the object of the concession agreement;

l use (operation) of the object of the concession agreement for purposes not established by the agreement, violation of the procedure for use (operation) of the object of the agreement;

l non-fulfillment by the concessionaire of obligations to carry out activities provided for by the concession agreement;

l termination or suspension by the concessionaire of the activity stipulated by the concession agreement, without the consent of the grantor;

l non-fulfillment or improper fulfillment by the concessionaire of the obligations established by the concession agreement to provide citizens and other consumers with goods, works, services, including services for water, heat, gas and energy supply, water disposal services, public transport services.

Significant violations of the terms of the concession agreement by the grantor in accordance with part 2.1 of Article 15 of Law No. 115-FZ are:

l failure to fulfill the obligation to transfer the object of the concession agreement to the concessionaire within the prescribed period;

l transfer to the concessionaire of the object of the concession agreement that does not meet the terms of the concession agreement (including the description, technical and economic indicators, the purpose of the object of the concession agreement), if such a discrepancy is revealed within one year from the moment the parties of the concession agreement signed the acceptance certificate the object of the concession agreement could not be identified during its transfer to the concessionaire and arose through the fault of the grantor;

l non-fulfillment of the obligations assumed by the grantor for his expenses for the creation and (or) reconstruction of the object of the concession agreement, use (operation) of the object of the concession agreement or payment of the grantor's fee under the concession agreement.

If any disputes arise between the grantor and the concessionaire, they are resolved in accordance with the legislation of the Russian Federation in court.

The concession agreement on the basis of part 5 of Article 13 of Law No. 115-FZ is terminated:

l upon expiration of the term of the concession agreement;

l by agreement of the parties;

l in case of early termination of the concession agreement on the basis of a court decision;

l in the case provided for in the concession agreement, its early termination on the basis of a decision of the Government of the Russian Federation or its authorized federal executive body (for a concession agreement in which the Russian Federation is the concession holder), a public authority of a constituent entity of the Russian Federation (for a concession agreement in which the concession holder is constituent entity of the Russian Federation) or a local government body (for a concession agreement in which the municipality is the concessor), if the failure or improper performance by the concessionaire of obligations under the concession agreement entailed causing harm to the life or health of people, or there is a threat of such harm.

At the end of the article, I would like to draw your attention to the fact that Law No. 115-ФЗ will be amended by Federal Law No. 265-ФЗ dated July 21, 2014 "On Amendments to the Federal Law" On Concession Agreements "and certain legislative acts of the Russian Federation ". These changes will come into force on February 1, 2015, with the exception of certain provisions that come into force on May 1, 2015.

Concession- This is a special contract (agreement), which is concluded for the creation or restoration of state buildings with the help of sponsorship funds. With such an agreement, the sponsor has the right to use new object for their own purposes for profit.

It should be noted right away that the buildings specified in the concession agreement are not the subject of the concession agreement. This agreement has the form of both public and private cooperation, where the sponsor is involved in the business management process to improve efficiency, or to provide services to the state on mutually beneficial terms.

Concession agreement

In an agreement of this type, the state apparatus acts as a grantor, and the sponsor acts as a concessionaire. The state apparatus receives payments from the sponsor, which can be one-time or paid in periods - royalties. They can look like interest on goods when purchasing in bulk, from the proceeds received, or in another way prescribed in the concession agreement.

The implementation of the concession agreement is carried out according to the specialized principles of national property, thanks to which it is possible to use funds from the state budget.

In cases where the attraction of public property is not implemented, the contractual relationship may allow the sponsor to be empowered to independently manage a certain case, where the monopoly right is under the supervision of the legal public administration... An example of such a relationship is the implementation of a parking business.

Today, concessions are used not only for the realization of the wealth of the land, but also in the field of the operation of various government buildings, structures and structures.

Origin of the term

The word "concession" itself comes from the Latin "concessio", which means "to concede, to permit." The process of transferring state-owned facilities to a concession takes place on generally beneficial terms for the sponsor and for the state without formalizing specific terms of the contract. Usually, the object of the concession is the process of granting the rights to use organizations, natural resources, economy, technical supply, as well as the right to sell trademarks, brands, trade names, classified information, etc.

The significance of the concession in different historical periods

At the present time, the importance of concession agreements has definitely increased in comparison with the last century. In the twentieth century, such agreements were used only in the field of the use of natural resources, and only from the 90s the concession began to cover other government spheres. The primary objects of the concession are social objects that are not subject to privatization: railways, airports, administration buildings, housing and communal services, hospitals, sports state organizations and other infrastructure.

A concession agreement is a type of agreement that has been adopted at the state level. If we refer to this statement, then the concession originates from the "feeding" agreements, which were used from the 12th century until the reign of Peter I, and the "buy-out" agreement, which allowed the state to give the rights to specific individuals to collect taxes and quitrent from residents.

The "feeding" agreement was a way of rewarding the upper ranks with the great masters and princes, which made it possible to maintain the princely system of government with the help of fees from local residents during the entire period of work.

At the beginning of the formation of this agreement, it was made one-time. With the accepted norms and publications in Russian Pravda, officials involved in collecting fines from the population, builders of urban structures, etc. had the right to receive a specific tribute from local residents. In the XII-XIV centuries, this treaty played a role in the formation of the structure of the city administration.

Great lords appointed their people of noble birth in cities and regions, who became deputies there, and also sent officials who were engaged in administrative activities. Local residents were obliged to "feed" the appointed masters from their own reserves. The most powerful "feeding" became in the period from the XIV to XV centuries.

“Pay-off” is the process of granting by the state, on contractual terms, for a specific monetary remuneration, to collect taxes and other revenues that go to the state budget. The concession took the most from the “buyout”. At first, ransom was applied at the beginning of the lending process (at a time when this system was not yet highly developed), the development of the economy, communication facilities and the formation of financial development. The first countries where ransom was spread were Ancient Rome, Ancient Greece and Ancient Iran.

In the Middle Ages, "ransom" assumed the value of the main resource for replenishing the state treasury.

In the 1920s, during the New Economic Policy in Soviet Russia, concessions were very popular. IN AND. Lenin wrote in his own writings that giving free rein to the development of capitalism is not as scary as it seems at first glance. All power will belong to the workers and peasants, and the property of the capitalists cannot be restored. According to him, a concession is a kind of lease agreement, where the capitalist plays the role of a tenant of state property for the time specified by the contract, but, without being the owner of this property, the state remains the owner.

It is worth saying that during the First World War and Civil war the economy in Russia suffered a colossal defeat. The recovery process began to be implemented through the introduction of benefits when concluding foreign economic agreements.

Everything I had Soviet Russia at that time: forestry, rocks, agricultural resources, etc. - everything was attached to the concession. The use of these resources was carried out with sponsorship from foreign investors.

Concessions, as a lever to support the country's economy, were purposefully used and brought large profits to the state treasury. The implementation of concessions can be effective in modern times, if they are used correctly.

Under international agreements, where decisions are made on the introduction of large investment projects in the production and development of cities, the fact of the effectiveness of direct sponsorship investments is widely used as a concession. In this case, this process will not constitute privatization.

The state apparatus offers the partner the rights to own and use the property, and distributes the appropriate economic and managerial responsibilities and rules that must be followed. Potential risks and their further distribution between the parties to the contract are always prescribed in such agreements.

The concession has its own developed network in various areas of infrastructure (electricity, transportation different types raw materials, railway system, municipality, etc.).

Concession in the Russian Federation today

Today the concession in the Russian Federation is widely used and occupies an active position in the market. She has distinctive features and positive traits using:

there is a liquidation of financial burdens, because the concessionaire believes that the execution of the cost part in financial transactions, management system and restoration of existing buildings, which were transferred under a concession agreement, can be covered from costs;
a long, tough, demanding relationship is established between the state apparatus and the sponsor;
foreign stocks are attracted, excluding the deprivation of controlling functions over the main structures and facilities of the country.

It turns out that the interest of the state in the concession is that:

there is a redistribution of expenses for investment investments and property on the partner to increase efficiency;
the state relieves itself of financial obligations for state facilities and is only engaged in making social payments to the budget;
problems in the field of social orientation and economics are automatically solved.

The interest of private businessmen in contracts of this type is also relevant because:

the state acquires on a long-term basis assets that do not belong to it on preferential terms of payment for the concession agreement;
investor assistance, where the concessionaire has certain guarantees of monetary profit in the form of the state, since the grantor must be responsible for maintaining the minimum yield;
sometimes the state apparatus must provide additional funds from the budget, if this manipulation will improve the quality of work;
the sponsor inherently has freedom of action in the economic sphere, so he can increase the amount of the concession, based on the indicators of production, its profitability during the term of the concession.

Based on statistics from most countries in the world, the most in a successful way effective work the economic sphere in the state is considered to be financing and rational management of objects that are in state ownership not only thanks to privatization, but also on preferential terms.

In the Russian Federation, where the level of the national economy is recognized as high, as well as in the presence of a lack of sponsorship funds, the use of any type of investment, where the benefits for the sponsor would be clearly expressed, would bring enormous assistance to the economic sphere. Such agreements help to resolve the shortage of public materials in the field of finance and technical equipment, and also increase the efficiency of production of the state economy.