The Legal Nature of Agreements on the Implementation of Large-Scale Investment Projects

Abstract

Introduction: The article is devoted to the study of the legal nature of agreements on the implementation of large-scale investment projects concluded on the basis of Article 39.6 of the Land Code of the Russian Federation.Methodology and materials: The methodological basis of the research consists of comparative legal and formal legal methods used to analyze regional legislation and judicial practice, as well as the method of system analysis. The paper provides a comparative analysis of regional legislation that establishes qualifying criteria for recognizing an investment project as large-scale, such as socio-economic significance, minimum investment, job creation and increased tax revenues.Research results: The author identifies the problem of terminological ambiguity and blurred criteria, which creates risks of abuse in law enforcement practice. The main focus is on the analysis of agreements on the implementation of large-scale investment projects that combine private and public law principles. It is proved that the public-law nature of such an agreement is determined by its focus on achieving the public interest. The novelty lies in considering the agreement on the implementation of a large-scale investment project through the prism of the concept of a public law contract, the subject of which covers socially useful activities aimed at sustainable economic growth and improving the well-being of citizens. The author points out the need to adjust regional legislation on large-scale investment projects in terms of priority areas of implementation to ensure a balance of public and private interests.Conclusion: The public-legal nature of agreements on the implementation of large–scale investment projects is reflected in their subject matter — socially useful activities of entrepreneurs aimed at creating conditions for sustainable economic growth of the country and improving the well-being of citizens.