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The Study Of Russian Concession Agreement System For High Railway From Moscow To Kazan Project

Posted on:2018-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:L Y G u s a r o v a GuoFull Text:PDF
GTID:2336330512993100Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Transport,social,energy and other areas of infrastructure construction and economic development are inextricably linked.Countries on how the various sectors of the economy and attract private investment and market competitiveness in the field to improve budget spending efficiency is very interested.Government and social capital cooperation as an effective mechanism to development public public infrastructure construction,such as concessions.With foreign investors and partners to achieve the transportation infrastructure project,required in the concession agreement on the basis of,and the Parties had not implemented these projects,the experience cannot make informed and prudent management decisions,this is the most urgent problem to be solved.This article studies the main aims are:to summarize in the Russian Federation in the territory of the concession agreement the legal issues involved,and in Moscow—Kazan high-speed railway construction project in the use of Outlook.This article studies the practical significance is expressed not only in the study of the concession of the legal basis of the level of imperfect,further study of the concession in modern Russia is a theoretical level is insufficient.Legal and economic key issues the work is mainly focused on mineral resources and underground resources of the concession activities,including the product into the form.Russia on the concession issue in the scientific literature is very small.Practice has proved that,in the Russian Federation,the government and social capital cooperation the most attractive and most popular items is the highway and traffic in the field of infrastructure construction.In these areas relatively easy to sign the concession agreement,and these items are very In Need of social capital injection.Moscow-Kazan high-speed railway construction is a high-speed rail development pilot projects.The medium-term vision plan for the period is extended to Yekaterinburg,and the long-term plan is to extend to Beijing,in line with achieve from China to Europe"Great Silk Road"of the strategic objectives.This study has a scientific innovative significance.The research work is devoted to in-depth study of the licence agreement in the field of moderm trends of the features.The concession agreement contract is in many countries the effective use of attracted investments.Above in the traffic infrastructure construction projects in the use and development of the concession agreements mechanism the conclusions and recommendations of May in the Russian Federation Government BodiesThe study of Science and innovation meaning manifested in the following points:1.Analysis of the concession agreement on the basis of Russia and foreign countries to implement infrastructure projects experience;2.Determined in the development of transport infrastructure the construction of the actual process,the impact of using the concession model the key to a successful legal factor;3.In the implementation of infrastructure projects in the concession agreement and the other method is more comprehensive analysis;4.Given in concession to a legislative plan to improve the advice,presented himself to the improvement of Legislation Issues in point of view.The study of science and innovation meaning manifested in the following points:1.Concession agreements law under Article 10 of the concession agreement should contain the terms.Including the concession of the transferee for the construction and/or renovation of concession agreement object and the timely completion of project obligations;the concession of the transferee to carry out the license agreement in the agreed business obligations.In other words,as noted by the Expert,and now also from the state aspect of the Regulations does not comply with the Agreement the relevant provisions of the specific responsibility.2.Concession agreement law no separation of the research enterprise of the contract contains the terms in the object,it is should not be,because the franchise agreement the objects from a qualitative,static and dynamic characteristics with any civil contract object are differentiated,the provisions of the Contracting Parties of the rights and obligations of the uniqueness,affect the other terms of the content.In this regard,we believe that the concession agreements Law Article 10,paragraph 1,should be adjusted.3.Taking into account the concession agreement obligations of equivalent compensation characteristics,it should be in the concession agreements law more clear concession to the transferee of the concession agreement object the object of the right,Article 8,paragraph 1,to be adjusted,the provisions of the concession transferee in performing the concession agreement provides for the terms of conditions of access and use license agreement the object of the power,and the removal of franchise agreement Article 3 of the act,paragraph 15,“as for the concession licensor ownership of the bear way”.4.Development of concession agreement signing of the rules,the license agreement the Law of press of the Russian Civil Code,the twenty-eighth Chapter of the specification level,but directly to the established rules in civil law contracts related to various types of business contracts free,start contract process in the strong a special role,and in the public regulatory principles specified in the process of advantages of the aspect does not apply.This article studies the practical significance of the proposed improvement of legislation recommendations and observations can be in the following areas reference and use:1.In the perfect concession agreements law in the area of legislative work;2.The concession agreement is signed for further development of scientific research work;3.In institutions of higher learning civil law courses teaching learning process;4.At the court hearing.
Keywords/Search Tags:High Speed Highway Moscow-Kazan, Concessive Agreements, China, Russia
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