Koncesijos institutas Lietuvos respublikos administracinės teisės sistemoje: kilmė, įgijimo teisiniai pagrindai, suteikimo teisinio reguliavimo spragos ir teisinės problemos

Abstract

Every modern society looks for the new legal instruments to promote its state economy. Concession as one of those instruments becomes a proper alternative for non-budgetary financing of the state infrastructure and regional development. In opposition Concession more than other legal forms of public and private partnership (as privatization, public procurement, lease) secures both sides interests and provides lots of ways to use private sector efficiency to develop state infrastructure, to promote quality of public services and to improve operations of state-owned property. As the law institute Concession came from Western Europe and shortly spread out in the whole world. More popular it becomes in Central and Eastern Europe countries as well. As legal framework for the Concession to be act in Lithuania were built in 1996, the number of such projects in the country is still very law. Couple reasons determining such tendencies can be excluded: 1) insufficient information, experience and knowledge in applying Concession projects. It limits real understanding of what is Concession, it’s advantages and need to the state economy control; 2) common state strategy and politics on pubic and private partnership default which brings uncertainty implementing private finance initiative projects; 3) short control, coordination and supervision mechanism in Concession projects which blocks getting extra value in public sector; 4) adverse – uncoordinated legal basis of the Concession usually conflict with international standards. Today projects having concession features present that long-term partnership between public and private sector is not developed enough in Lithuania. When choosing a private partner contests miss transparency and equity. Quality of the Concession agreement is not sufficient as well. Rights and obligations of the parties, shared risk and quality requirements for infrastructure and public services are not clearly defined in the contracts. Also implementation of the project is not controlled in right order. While proper design of Concession contract and its implementation are very important elements to develop successful concession practice in the country. Contracting difficulties and possibility to use Concession as the instrument to attract financial fund of Europe Union requires integrate preparation and evaluation in different aspects. Despite of it, increased Europeans Commission, Europeans Bank of Reconstruction and Development and other international organizations attention to the public and private partnership and development of the concession projects altogether, also successful examples of already completed projects let our society and government look at the future in positive way. As the application of concession projects in Lithuania just begins, state government accept new challenges to create more opening, legal and transparent environment for further development of concession institute.