PRODUCTION-SHARING AGREEMENTS: PROBLEMS OF LEGAL REGULATION
Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22
Abstract
Problem setting. Today one of the leading contractual forms, which regulates the relationship in the field of mineral resources usage law, is production-sharing agreements, which is considered as an integrated contract form. However, there is no single approach in legal science about the essence of this contractual form. Nevertheless, production- sharing agreements have several advantages, which makes further research necessary for successful development of relevant legislation. Analysis of recent researches and publications. The question of the legal nature of production-sharing agreements was covered in the works of such legal scientists as O. I. Kommorny, I. M. Zhukov, S. M. Bogdanchikov, M. I. Braginsky, V. M. Kossak, O. S. Semenak, N. R. Kobetska, R. S. Kirin and others. Target of research. The article provides with an analysis of the legal nature of production-sharing agreements, determining it᾽s main legal features. The main article body. Some researchers describe production-sharing agreements as civil-law contract. This position is expressed in current legislation, but this point of view does not count the role of state power, which is a party to the cope with. Position regarding recognition production-sharing agreements as administrative agreement is represented in this article too. However, this position cannot be considered as correct, because the main features of production-sharing agreements are not attributed to administrative agreement. The question of ecological component of production-sharing agreements is investigated in the content of the article as well. A conclusion about underestimation of law-ecological element in previous studies is made and based on analysis of current legislation . Conclusions. Under carried out research it should be noted that production-sharing agreements are economic-legal agreements, which have complex nature with administrative and environmental elements. Thus, one counterpart is Ukraine as a state represented by Cabinet of Ministers of Ukraine, entrusts the investor to make minerals on a definite section of the depths and investor is obliged to make this actions at his own expense with further distribution of products.
Authors and Affiliations
O. А. Matyushko
Keywords
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