Кабанова И.Е.

The article considers the possible squeezing of state and municipal enterprises out of the sector of providing public services to consumers and the transfer of public property to private investors through concession agreements. The aim of the research is to study the causes and consequences of the transfer of public and municipal property used for providing services in the field of public utilities through concession agreements. Forecasting the possibility of infrastructural renewal in the Russian utility sector with reducing the state and municipal unitary enterprises and increasing number of private providers of public services. The requirements of the sectoral legislation on heat and water supply, as well as best practices of concessions in the municipal sphere are analyzed with formal logical and statistical methods. The result of the research the existing practice of concession agreements in the municipal sphere cannot be unequivocally considered as having real positive effects, which would express in improving the quality and reliability of public services. Moreover, currently, there are almost no economic incentives or legal regulations contributing to the modernization of municipal infrastructure transferred to private investors. It seems preferable to choose models that do not require public authority delegation to individuals, but rather a symbiosis of public and corporate governance, involving individuals in exercising public authority, preserving the property ownership with the public entity and also bearing the responsibility for violations committed while exercising authority.

Object. The article deals with specific violations of the requirements of the legislation on the protection of competition by the local authorities. Purpose. Study of the causes of frequent violation of the requirements of the legislation on protection of competition by local authorities and formulation of proposals for their elimination. Methods. The requirements of the legislation on protection of competition, as well as the legislation on heat supply, water supply are analyzed using formal logical and statistical methods. Case practice is studied with the aid of the dialectical method. Results. In some cases, the violations of the requirements of the law on protection of competition by the local government bodies are determined by the incorrect or the impossible to implement legal rules, which literally leave no way to the local government bodies to remain within the requirements of the law. Conclusions. In order to solve the nationwide task of reducing violations of the antitrust legislation by local authorities there is a need for targeted adjustment of certain legal acts and the cooperation of antitrust authorities with the local authorities.