State enterprise concession process scheme. Concession - what is it in simple words

Concession- This is a special contract (agreement), which is concluded for the creation or restoration of public buildings with the help of sponsorship funds. With such an agreement, the sponsor has the right to use the new facility for its own purposes for profit.

It should be noted right away that the buildings specified in the concession agreement are not the subject of the concession agreement. This agreement has the form of both public and private cooperation, where the sponsor is involved in the process of managing cases to increase efficiency, or to provide services to the state on mutually beneficial terms.

concession agreement

In this type of agreement, the state apparatus acts as a grantor, and the sponsor acts as a concessionaire. The state apparatus receives payments from the sponsor, which can be one-time or paid in periods - royalties. They may look like interest on goods when purchased in bulk, from the proceeds received, or in another way prescribed in the concession agreement.

The implementation of the concession agreement is implemented according to the specialized principles of public property, thanks to which it is possible to use in cash from the state budget.

In cases where the attraction of public property is not implemented, contractual relations may allow the sponsor to be given the rights to be able to independently manage a certain business, where the monopoly right is under the supervision of legal public administration. An example of such a relationship is the implementation of the parking business.

Today, concessions are used not only to realize the wealth of the land, but also in the field of exploitation of various public buildings, buildings and structures.

Origin of the term

The word “concession” itself comes from the Latin concessio, which means “to yield, to allow”. The process of transferring state facilities to a concession takes place on generally beneficial terms for the sponsor and for the state without drawing up specific terms of the contract. Usually, the object of the concession is the process of granting the rights to use organizations, environmental resources, economy, technical supply, as well as the right to implement trademarks, brands, trade designations, classified information, etc.

Significance of the concession in different historical periods

At the present time, the significance of concession agreements has definitely increased compared to the last century. In the twentieth century, such agreements were used only in the field of use natural resources, and only since the 90s, the concession began to cover other public areas. The primary objects of the concession were the objects social sphere that are not subject to privatization: railways, airports, administration buildings, housing and communal services, hospitals, sports state organizations and other infrastructure.

A concession agreement is a type of agreement that is accepted at the state level. If we refer to this statement, then the concession originates from the “feeding” agreements, which were used from the 12th century until the reign of Peter I, and the “farm-out” agreement, which allowed the state to give the right to specific individuals to collect taxes and dues from residents.

The “feeding” agreement was a way of remunerating the upper ranks by great lords and princes, which made it possible to maintain the princely system of government with the help of fees from local residents throughout the entire time of work.

At the beginning of the formation of this agreement, it was made one-time. With the adopted norms and publications in Russkaya Pravda, officials involved in collecting penalties from the population, builders of urban structures, etc. had the right to receive a specific tribute from local residents. In the XII-XIV centuries, this agreement played a role in the formation of the structure of the city administration.

Great masters appointed their people in cities and regions noble birth who became deputies there, and also sent officials who were engaged in managerial activities. locals were obliged to "feed" the appointed gentlemen from their own reserves. The strongest "feeding" was in the period from the XIV to XV centuries.

“Payback” is the process of providing by the state on contractual terms for a specific monetary reward to collect taxes and other revenues that go to the state budget. The concession took the most from the “payback”. At first, "payback" was used at the beginning of the lending process (at a time when this system was not yet highly developed), the development of the economy, communication facilities and the formation of financial development. The first countries where the “payoff” was widespread were Ancient Rome, Ancient Greece and ancient Iran.

In the Middle Ages, "farming" assumed the importance of the main resource for replenishing the state treasury.

In the 1920s, during the New Economic Policy in Soviet Russia, concessions were very popular. IN AND. Lenin wrote in his own writings that giving free rein to the development of capitalism is not as scary as it seems at first glance. All power will belong to the workers and peasants, and the property of the capitalists cannot be restored. According to him, a concession is a kind of lease agreement, where the capitalist plays the role of a tenant of state property during the time specified by the agreement, but, without being the owner of this property, the state remains the owner.

It is worth mentioning that during the First World War and civil war The Russian economy suffered a colossal defeat. The recovery process began to be implemented through the introduction of incentives for the conclusion of foreign economic agreements.

Everything I had Soviet Russia at that time: forestry, rocks, agricultural resources, etc. - everything was given a concession. The use of these resources was carried out with sponsorship from foreign investors.

Concessions, as a lever to support the country's economy, were purposefully used and brought great profits to the state treasury. The implementation of concessions can be effective in modern times if used correctly.

Under international agreements, where decisions are made on the introduction of large investment projects in the field of production and urban development, the fact of the effectiveness of direct sponsorship investments is widely used as a concession. IN this case, this process will not be privatization.

The state apparatus offers the partner the rights to own and use the property, and allocates the corresponding economic and managerial responsibilities and rules that must be observed. In such agreements, possible risks and their further distribution between the parties to the contract are always prescribed.

The concession has its own developed network in various areas of infrastructure (electricity, transportation various kinds raw materials, railway system, municipality, etc.).

Concession in the Russian Federation today

To date, the concession Russian Federation is widely used and active positions On the market. She has distinctive features And positive traits using:

1. there is a liquidation of financial burdens, tk. the concessionaire believes that the execution of the cost part at financial transactions management system and restoration of existing buildings that were transferred under a concession agreement may be covered by expenses;
2. a long, tough, demanding relationship is established between the state apparatus and the sponsor;
3. there is an attraction of foreign equity securities, excluding the deprivation of controlling functions over the main structures and objects of the country.

It turns out that the interest of the state in the concession lies in the fact that:

• there is a redistribution of expenses for investment investments and property on a partner to increase efficiency;
• the state relieves itself of financial obligations for public facilities and is engaged only in making social payments to the budget;
• problems in the sphere of social orientation and economy are automatically solved.

The interest of private businessmen in contracts of this type is also relevant because:

• the state acquires on a long-term basis assets that do not belong to it on preferential terms of payment for a concession agreement;
• investor assistance, where the concessionaire has certain guarantees of monetary profit in the form of the state, because the grantor should be responsible for compliance with the minimum yield;
• sometimes the state apparatus must allocate additional funds from the budget if this manipulation will improve the quality of work;
• the sponsor inherently has freedom of action in the economic sphere, so he can increase the amount of the concession, based on production indicators, its profitability over the duration of the concession.

Based on the statistics of most countries of the world, the most successful way for the effective operation of the economic sphere in the state is considered to be the financing and rational management of objects that are state-owned not only due to privatization, but also on preferential terms.

In the Russian Federation, where the level of the national economy is recognized as high, and in the presence of a lack of sponsorship funds, the use of any type of investment, where the benefit to the sponsor would be clearly expressed, would bring economic sphere huge help. Such arrangements help to resolve the shortage of state materials in the field of finance and technical equipment, as well as increase the efficiency of production of the state's economy.

Concession

The word for the Russian language is borrowed. The borrowing language is German or French. Borrowing time - the end of the 18th century. The range of meanings is economic and legal. Economic importance- handing over by the state of enterprises or plots of land for use by a "foreigner". Legal significance- an agreement on such delivery or a separate clause of the assignment agreement

The roots of the word are related to the Latin word concessio permission, concession. A new nuance is revealed if we turn to deep sources: English concede, Latin concedere admit, accept, acknowledge com- + cedere- earn income, harvest. If summed up - an agreement on joint receipt of income, that is, a mutually beneficial agreement.

The modern meaning of the word as an economic and legal concept:
Concession in the broadest sense is an agreement between the state and business, fixing the conditions for the use of state property by business.
Concession in the narrow sense- an agreement on the transfer of natural resources, enterprises and other economic facilities owned by the state to a foreign state, company or individual for a certain period of time.
A concession is an enterprise operating under a concession agreement.

Purpose of the concession- development or restoration of the national economy and the development of natural resources.

Types of concession agreements:
BOT (Build - Operate - Transfer). For the concessionaire - construction, operation and after a certain period - the transfer of the object to the state;
BTO (Build - Transfer - Operate)- "Construction - transfer - management". For the concessionaire - construction, transfer to the state (concedent) in ownership immediately after the completion of construction, then - transfer to the operation of the concessionaire;
SBI (Build - Own - Operate). For the concessionaire - construction, operation with the right of ownership, the term of which is not limited;
BOOT (Build - Own - Operate - Transfer). For the concessionaire - the possession and use of the constructed object on the right of private ownership for a certain period, after which - the transfer of the object to the ownership of the state;
BBO (Buy - Build - Operate). For the concessionaire - purchase on the terms of restoration or expansion of the existing facility.

Derived concepts:
Concessionaire- the one who received the concession (physical or entity).
concessor- the state granting the concession.
Concessionary- relating to the concessionaire, concessionaires.
concession fee- established by the agreement and determined on the basis of the expected results of the concession.

Scale of use. It is actively used in 37 countries of the world. IN different time The USSR had railway facilities on concession terms in Afghanistan, Austria, Finland, Mongolia, and North Korea.

Category:
Related concepts:
rent, wealth, ransom
farming, leasing, wealth
核准, 许可, 特许, 经营权, 租让企业, 租借合同

Concession

Concession(from lat. concessio - permission, concession) - a form of agreement on the transfer to the use of the complex exceptional rights belonging to the copyright holder. The transfer to the concession is carried out on a reimbursable basis for a certain period or without specifying a period. The object of the agreement may be the transfer of rights to exploit natural resources, enterprises, equipment and other rights, including the use of a company name and (or) commercial designation, protected commercial information, trademarks, service marks, etc.

Payment of remuneration can be carried out in the form of one-time (lump) or periodic (royalty) payments, interest on revenue, margins at the wholesale price of goods or in another form established by the contract.

Concession, concession agreement- a form of public-private partnership, involving the private sector in effective management public property or the provision of services normally provided by the state on mutually beneficial terms.

concept

The concession means concessor(state) transfers concessionaire the right to exploit natural resources, infrastructure, enterprises, equipment. In return, the concessor receives remuneration in the form of one-time (lump) or periodic (royalty) payments. Concession agreements are implemented on the basis of public property, including using budgetary funds. In the absence of involvement of a public property resource in the partnership, the private partner is vested with the right to conduct a certain business, the exclusive or monopoly rights to which belong to a public legal entity, for example, parking activities, etc.

The objects of the concession agreement are primarily socially significant facilities that cannot be privatized, such as airfields, railways, housing and communal services and other infrastructure facilities, as well as public transport systems, healthcare, education, culture and sports facilities.

Story

buyout

Types of concession agreements

In international practice, the following types of concession agreements are distinguished:

• BOT (Build - Operate - Transfer)- "Construction - management - transfer". The concessionaire carries out construction and operation (mainly on the basis of ownership) for a specified period, after which the object is transferred to the state;
• BTO (Build - Transfer - Operate)- "Construction - transfer - management". The concessionaire builds an object that is transferred to the state (grantor) as the property immediately after construction is completed, after which it is transferred to the operation of the concessionaire;
• BOO (Build - Own - Operate)- "Construction - ownership - management". The concessionaire builds the facility and carries out subsequent operation, owning it on the basis of the right of ownership, the validity of which is not limited;
• BOOT (Build - Own - Operate - Transfer)- "Construction - ownership - management - transfer" - the possession and use of the constructed object on the right of private ownership is carried out for a certain period, after which the object becomes the property of the state;
• BBO (Buy - Build - Operate) -"Purchase - build - management" - a form of sale that includes the restoration or expansion of an existing facility. The state sells the facility to the private sector, which makes the necessary improvements for effective management.

Concession agreements in Russia

Story

New Economic Policy (1920s)

Isn't it dangerous to invite capitalists, doesn't it mean developing capitalism? Yes, this means developing capitalism, but this is not dangerous, because power remains in the hands of the workers and peasants, and the property of the landowners and capitalists is not restored. A concession is a kind of lease agreement. The capitalist becomes a tenant of a part of state property, under an agreement, for a certain period, but does not become an owner. The property remains with the state.

Before the Hague Conference in 1922, L. B. Krasin proposed returning to foreigners, former owners of enterprises, up to 90% of nationalized property, but only in the form of long-term concessions. Many foreign concessionaires agreed, but the idea met with strong domestic opposition.

Legislative regulation

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Synonyms:

See what "Concession" is in other dictionaries:

- (lat. concessio). Permission, consent, approval, concession, grant. Dictionary of foreign words included in the Russian language. Chudinov A.N., 1910. CONCESSION [lat. concessio permission, concession] economy. an agreement between a state and a foreign ... ... Dictionary of foreign words of the Russian language

An agreement for the temporary commissioning to a foreign state, legal entity or individual (concessionaire) on certain terms agreed by the parties of enterprises, land plots, subsoil and other objects and values ​​for the purpose of ... ... Financial vocabulary

concession- and, well. concession f., German. Konzession lat. concessio grant, permission. 1. obsolete, dipl. concession. And more than two treatises will not be signed. Also what should be given for the concession; I also don’t have tea, that this pleased them. 1710. AK 2 330… … Historical dictionary gallicisms of the Russian language

concession- An on-site point of sale where a concessionaire/catering service provider or other merchant sells or distributes food, beverages or merchandise. A concession is any outlet that sells soft drinks (but… … Technical Translator's Handbook

CONCESSION, assignment, transfer, permission, transfer of rights, appropriation. Dictionary Dahl. IN AND. Dal. 1863 1866 ... Dahl's Explanatory Dictionary

1. Under a concession agreement, one party (the concessionaire) undertakes at its own expense to create and (or) reconstruct the property specified by this agreement (real estate or immovable property and movable property, technologically interconnected and intended for the implementation of activities provided for by the concession agreement, with the exception of cases, if the concession agreement is concluded in respect of the facility provided for by clause 21 of part 1 of Article 4 of this federal law) (hereinafter referred to as the object of the concession agreement), the ownership of which belongs or will belong to the other party (grantor), to carry out activities using (operating) the object of the concession agreement, and the concessor undertakes to provide the concessionaire for the period established by this agreement, the rights of possession and use the object of the concession agreement for the implementation of the specified activity.

1.1. If the object of the concession agreement is the property provided for in paragraph 11 of Part 1 of Article 4 of this Federal Law, the preparation, conclusion, execution, amendment and termination of concession agreements are carried out taking into account the specifics established by Chapter 4

1.2. If the object of the concession agreement, along with other objects of the concession agreement, are the objects provided for in Clause 21 of Part 1 of Article 4 of this Federal Law, the preparation, conclusion, execution and termination of the concession agreement in the part related to such objects are carried out taking into account the specifics established Chapter 4.1 of this Federal Law.

2. A concession agreement is an agreement that contains elements of various agreements provided for by federal laws. The relations of the parties to the concession agreement are applied in the relevant parts of the rules of civil law on contracts, the elements of which are contained in the concession agreement, unless otherwise follows from this Federal Law or the essence of the concession agreement.

3. For the purposes of this Federal Law, the reconstruction of the object of the concession agreement includes measures for its reorganization based on the introduction of new technologies, mechanization and automation of production, modernization and replacement of obsolete and worn-out equipment with new, more productive equipment, changes in the technological or functional purpose of the object of the concession agreement or its individual parts, other measures to improve the characteristics and operational properties of the object of the concession agreement.

4. The object of the concession agreement subject to reconstruction must be in the ownership of the concessor at the time of concluding the concession agreement. The specified object at the time of its transfer by the concessor to the concessionaire must be free from the rights of third parties. If the object of the concession agreement is the property provided for by Clause 1 of Part 1 of Article 4 of this Federal Law, such property at the time of concluding the concession agreement may belong to a state or municipal unitary enterprise on the right of economic management. If the object of the concession agreement is the property provided for in Clause 1 of Part 1 of Article 4 of this Federal Law, it may belong to the state budget institution on the right of operational management.

(see text in previous edition)

4.1. Transfer of the object of the concession agreement by the concessor to the concessionaire is carried out according to the act of acceptance and transfer signed by the parties to the concession agreement.

5. Changing the intended purpose of the reconstructed object of the concession agreement is not allowed.

6. The transfer by the concessionaire as a pledge of the object of the concession agreement or its alienation is not allowed.

7. Products and income received by the concessionaire as a result of the activities provided for by the concession agreement shall be the property of the concessionaire, unless otherwise provided by the concession agreement.

8. The concessionaire bears the risk of accidental loss or accidental damage to the object of the concession agreement from the moment this object is transferred to him, unless otherwise provided by the concession agreement. The concession agreement may oblige the concessionaire to insure at his own expense the risk of accidental loss and (or) accidental damage to the object of the concession agreement.

(see text in previous edition)

9. The concession agreement may provide for the provision by the concessor for the possession and use of the concessionaire of property owned by the concessor on the right of ownership, forming a single whole with the object of the concession agreement and (or) intended for use in order to create conditions for the concessionaire to carry out the activities provided for by the concession agreement (hereinafter - other property transferred by the grantor to the concessionaire under the concession agreement). In this case, the concession agreement establishes the composition and description of such property, the purpose and period of its use (operation) by the concessionaire, the procedure for returning such property to the conceder upon termination of the concession agreement. The concession agreement may establish the obligations of the concessionaire in relation to such property to modernize it, replace obsolete and worn-out equipment with new more productive equipment, otherwise improve the characteristics and operational properties of such property, as well as to insure the risk of its accidental loss and (or ) accidental damage.

(see text in previous edition)

10. Movable property, which is created and (or) acquired by the concessionaire in the course of carrying out the activities provided for by the concession agreement, and is not included in other property transferred by the concessor to the concessionaire under the concession agreement, is the property of the concessionaire, unless otherwise established by the concession agreement. The immovable property created by the concessionaire with the consent of the concessionaire in the course of carrying out the activities provided for by the concession agreement, and does not relate to the object of the concession agreement, and is not included in other property transferred by the concessionaire to the concessionaire under the concession agreement, is the property of the concessionaire, unless otherwise established by the concession agreement. The immovable property created by the concessionaire without the concessionaire's consent in the course of carrying out activities stipulated by the concession agreement, and does not relate to the object of the concession agreement, and is not included in other property transferred by the concessionaire to the concessionaire under the concession agreement, is the property of the concessor, and the cost of such property is not subject to reimbursement .

(see text in previous edition)

11. Exclusive rights to the results of intellectual activity obtained by the concessionaire at his own expense in the performance of the concession agreement shall belong to the concessor, unless otherwise provided by the concession agreement.

12. The concessionaire shall bear the costs of fulfilling obligations under the concession agreement, unless otherwise provided by the concession agreement.

13. The concessor has the right to assume part of the costs for the creation and (or) reconstruction of the object of the concession agreement, the use (operation) of the object of the concession agreement and provide the concessionaire with state or municipal guarantees in accordance with the budget legislation of the Russian Federation. The amount of expenses assumed by the concessor, as well as the amount, procedure and conditions for granting state or municipal guarantees by the concessor to the concessionaire, must be indicated in the decision to conclude a concession agreement, in the tender documentation, in the concession agreement. The decision to pay the concessor's fee under the concession agreement may be taken if the establishment of the concessor's fee under the concession agreement is defined as the tender criteria.

With the development of the information society and technologies, the role of the concession is increasing. Concession includes the concept of transferring the exclusive right of the owner (grantor) to the concessionaire exclusive rights to use any property, natural resources, ideas.

A special case of a concession is franchising, i.e., the transfer of a certain brand, idea for temporary use for rent. Concession (privatization) of natural resources is also possible.

What are the objectives of the concessionaire?

The concessionaire seeks to obtain rights to something that can give him profit in the future, which at the current moment he simply cannot acquire in another form, in the form of his exclusivity of existence on the market. The concessor also benefits in the form of one-time payments (lump sum) or in the form of periodic payments (royalties) when transferring rights to the concessionaire, and the concessor does not need to take any additional actions in the form of independently opening its new branches.

So the concession benefits both parties. The objects of concessions can also be critical objects. For example: ports, airports, Railway, municipal buildings.

Usually, a concession agreement is concluded for a certain period during which the concessionaire has the right to use and benefit from the concession object.

A typical example of a concession is the McDonald's fast food restaurant chain, which generates income both directly for the American company McDonald's (the owner of the idea) and for domestic entrepreneurs who earn from this business - by using exclusive rights to this brand.

What is brand exclusivity? This means the use of the brand logo, the uniforms of employees of this brand, receiving advice on supporting and running a business, assistance in staff training. However, it is forbidden to make changes to the brand attributes and its technological processes.

Basic Rules

In general, brand concessions must comply with the following rules:

• The level of quality of products manufactured by the concessionaire must not be lower than that of the right holder;
• it is forbidden to make changes to the technology, logos and technologies of the copyright holder;
• produce services in the same volume and range as the right holder;
• keep the trade secret of the copyright holder;
• it is necessary to inform consumers that the activity is carried out on the basis of a concession agreement.

To conclude a franchise agreement, it is necessary that the company of the copyright holder has permission to such activities. This item is reviewed by the Federal Tax Service. The concession agreement specifies details of both parties, as well as the terms of payment, the terms of the conclusion of the contract. The contract must be made professional lawyers, since in case of claims from one or the other party, this will allow winning the process in court.

In addition, if the contract is drawn up illiterately, this will lead to the annulment of its legal force and the recognition of this business as illegal.

On practice

After the expiration of the concession, the right holder may not renew the contract with the user of the concession if something does not suit him. Refusal to renew will result in the loss of the right holder's ability to conclude similar agreements with another person in the same locality. The restriction is valid for three years.

As for concession interactions with the state, there are numerous options for relations. So, for example, a concessionaire can take a non-existent object of state property into a concession, promising to build it at his own expense. These relations are regulated by the law "On concession agreements”, according to which the concessionaire can create or restore (reconstruct) the object of the concession relationship at his own expense and receive most of the profit from it after that.

The grantor, in turn, can somehow help with reconstruction(restoration) of this object and take certain obligations. The concedent can be either the Russian Federation or municipality or a subject of the Russian Federation. The concessionaire may be a legal entity or an individual entrepreneur.

In international practice, there are several types concession agreements:

• the concessionaire builds and operates, then this object is transferred to the state;
• the concessionaire immediately transfers the constructed object to the state, then the object is again transferred to the concessionaire on the basis of a concession agreement,
• the concessionaire builds and owns an object on the basis of the direct right of ownership, which then becomes the property of the state,
• also, the state can sell the object of the concession forever for further modernization by the concessionaire for more efficient functioning, and many other options.