Institute of Public-Private Partnership in Public Control in Russia

Abstract

The article is devoted to the analysis of the current state and development of the institute of public-private partnership in the field of public control. The analysis of the system of legal guarantees ensuring the implementation and protection in the Russian Federation of the system of constitutional rights and freedoms of man and citizen, the rights and legitimate interests of public associations and other non-governmental non-profit organizations is carried out. The role and place of the institution of public control in the system of these legal guarantees are studied. The main problems hindering the preservation and development of this institution of civil society in Russia are formalized and investigated. It is proved that the key of these problems is the lack of certainty in the functioning of the institution of public-private partnership in the field of public control. The author's definition of the concept of public-private partnership in general, as well as its most important variety in the field of public control, has been developed and substantiated. The research methodology consists of : historical-legal; formal-logical; comparative-legal methods. The authors formalized and analyzed the main problems associated with the functioning of public-private partnerships in the field of public control, in particular, the lack of: formalization of this institution of civil society in the Constitution; consolidation of the concept and content of this institution in the legislation on public control; a unified approach in the regulatory framework and scientific legal doctrine to understanding the essence and limits of public-private partnership in this area; a systematic approach in Russia to the adaptation of foreign experience in this area. The work develops and substantiates a system of measures to resolve these problems, in particular, by: incorporating the institute of public control into the Constitution of the Russian Federation and into legislation on public control (detailing the concept, essence and limits of the implementation of this institute); making possible for the Government of Russia with the support of The Chamber of Commerce of Russia to adapt and implement the public-private partnership, taking into account foreign experience and modern digital technologies.