To the Question of the Matter and Content of the Administrational Contract

The article is devoted to the study of the scientific approaches to defining the concept of administrational contract. Democratization and decentralization lead to the transformational processes in public and private relations. Increasing the role of contract regulation in relations between governmental and non-governmental subjects interested the author. The importance of implementation administrational contracts is proved in the article. The stated problem has a significant practical meaning due to the connection with administrational justice.

The author highlighted distinctive features of this institute by means of an analytic investigation of the rule of the Administrational Justice Code, scientists’ legal standpoints and judicial practice. An obligatory part of a contract is an authority; this act defines the rights and obligations for both parts in public sphere; contract is based on the agreement of parts without using pressure. This is the main characteristic of administrational contract, that is explored in the article. The article also includes different approaches to classification of contracts. The foreign experience of the existence of contract relations in administrational law, especially French and German, is explored in the article. The reasons of the necessity of the legislative improvements were given. The main problem, circled in the article was the absence of the definition “administrational contract” in the acts of substantial law. The existence of a huge variety of acts, that have mentions about administrational contracts was noticed by the author. The improvements of legislation will provide a wide using of this institute.

Using the legislative basis the author gives examples of making administrational contracts in different spheres of social life. The author makes a conclusion about the effectiveness of public-private partnership. Systematization and generalization of different scientific concepts is the main direction in development administrative contract as an instrument in regulation relationships.