News
“Judicial practice on concessions: analysis from Marina Muravyeva at the conference of the Russian Association of Water Supply and Sanitation»
The final conference of the Russian Association of Water Supply and Sanitation took place in Moscow on December 16-18 «Legislative New Year». One of the key speakers of the tariff session was Marina Muravyeva, Senior Associate in the Practice of Infrastructure and PPP at Kachkin & Partners, who presented a detailed analysis of current judicial practice on housing and communal services concessions.
The expert analyzed where disputes between investors, regulators and concessionaires most often arise, and how the courts look at it. In her report, Marina Muravyeva analyzed real examples of disputes that the industry is facing today.
Key topics of the presentation:
- Propertydisputes:problems of non-compliance of concessionagreements with water supplyschemes,aswell as determining the composition of the object of agreements
- Financialdisagreements:specialattentionwaspaid to disputes over thelimitof the concedent’s feeand the recovery of unjustifiedenrichmentin case of non-return of property
- Tariffregulation: the experthighlighted the judicialpracticeof not includingestimatedprofitsintariffsandissuesofreimbursementoflostfundsdue to adecrease in the requiredgrossrevenue
- The impact of macroeconomics:casesoncollectingadditionalexpensesincurreddue to theoccurrence of «specialcircumstances»,suchas a sharpincrease in the Central Bank’s keyrate, wereconsidered
In addition to the legalblock,economicchallenges were also discussedduringthesession.HSEProfessorSergeySivaevstressed the need to movefromtariffcontainmenttotargetedsupport for low-incomefamilies,whichwillattractinvestmentin the industrywithout a socialexplosion. The FAS of Russiaand the HSEInstitute of EconomicsandRegulation of InfrastructureIndustriesalsopresentedtheirreports.
Marina Muravyeva’s presentation is available at the link
Managing Partner
Head of Infrastructure and PPP Practice
Head of Joint Department at HSE University in Saint Petersburg
Attorney
Managing Partner
Head of Infrastructure and PPP Practice
Head of Joint Department at HSE University in Saint Petersburg
Attorney