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Legal Regulation of Public-Private Partnership in the Healthcare in Russia

Student: Sushilnikov Ilya

Supervisor: Svetlana Maslennikova

Faculty: Faculty of Law

Educational Programme: Public Law (Master)

Year of Graduation: 2019

The paper is devoted to the issue of public private partnership as a tool for regulating legal relations in the field of healthcare. The author deals with the peculiarities of legal regulation of public-private partnership on different levels and with the practices of public private partnership that are used in this field. The relevance of this work is due to the unresolved issue of the forms of public-private partnership, as well as the crucial importance of such sphere as healthcare. After examining national regulations at the federal, regional and municipal levels, the author concludes that 1) there is no explicit list of forms of public-private partnership, 2) that regional legislation does not comply with the federal law, 3) that it is impossible to use directly the mechanism of municipal private partnership, and 4) that life cycle contracts are ineffective. The author proposed different solutions to the identified problems: 1) to enforce an ongoing harmonization of regional legislation with the federal law, 2) to recognize inter-municipal public-private partnership and state-municipal-private partnership as a form of redistribution of power, as well as 3) to reform the mechanism of life-cycle contracts on the base of “DBFM” model.

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