A Russian concessionaire’s bankruptcy does not turn the concession facility into an ordinary debtor asset and does not automatically terminate every concession agreement. The public facility, other transferred property, the concessionaire’s own assets, receivables and project obligations must first be separated. Termination grounds and handover procedure are then tested.
Public facility
The concession facility is generally or will become publicly owned.
Assets differ
The concessionaire’s vehicles, inventory and receivables may follow a different regime.
Handover is formal
Termination requires inventory, condition records, a deed and removal of prohibited encumbrances.
Quick self-check
- Locate the agreement, amendments and tender documents.
- List the facility, other transferred property and debtor-owned assets separately.
- Check title, registration, lease, security and easements.
- Determine the ground and current status of termination.
- Reconcile handover, compensation, tariff model and creditor claims.
Build the Project Asset Map
A concession project may contain the concession facility, other grantor property, assets created or acquired by the concessionaire, land rights, equipment and receivables. They require separate inventory lines because statute, agreement, registration and creation source determine treatment.
Assets Requiring Separation
Federal law establishes public ownership of the concession facility and restricts enforcement against the concessionaire’s rights in the facility and specified transferred property. These assets still require inventory, but must be separated from property genuinely owned by the debtor.
Fate of the Agreement
Bankruptcy is not a universal automatic termination switch for every concession. Review term, contractual grounds, material breach, party decisions, court orders and special statutory rules. Unauthorised suspension of the concession activity may itself have consequences.
Handover to the Grantor
After termination, the concessionaire transfers the facility and specified property to the grantor. Condition, operational suitability, completeness, impermissible third-party rights and a signed handover record all matter.
- joint inventory;
- technical inspection;
- title-registry review;
- calculation of costs and unfinished works;
- handover deed and registration steps.
Claims and Project Accounts
Claims of the grantor, contractors, financiers and consumers are reviewed separately, as are the concessionaire’s receivables. Recovery of project costs on termination depends on the agreement, statute, tariff model, evidence and termination ground; full compensation cannot be assumed in advance.
| Item | Potential treatment | Control record |
|---|---|---|
| Concession facility | Public property | Agreement and title register |
| Other grantor property | Transferred for project | Schedule and handover deed |
| Debtor-owned equipment | Potential estate asset | Title, payment and function |
| Receivable | Debtor asset | Contract, acceptance and calculation |
| Project costs | Potential monetary claim | Agreement, tariff and evidence |
Frequently Asked Questions
Is the facility sold at an ordinary auction?
It is generally a public facility rather than an unrestricted concessionaire asset; statute and agreement govern it.
Does bankruptcy automatically terminate the concession?
No universal automatic rule applies. A specific ground and procedure are required.
Must all equipment return to the grantor?
No. The transfer set depends on statute, agreement and title to each asset.
May rights in the facility be enforced against?
Special statutory restrictions apply; the issue is not treated like ordinary debtor property.
Will every project cost be reimbursed?
No. Reimbursement depends on termination ground, contract, tariff and proof.
Legal Sources
- Article 3 of Federal Law No. 115-FZ.
- Article 13 of Federal Law No. 115-FZ.
- Article 14 of Federal Law No. 115-FZ.
- Article 15 of Federal Law No. 115-FZ.
- Article 126 of Federal Law No. 127-FZ.
Related guides: socially important assets, restricted-circulation property and corporate bankruptcy.
Need to Separate Project Assets?
We can review the agreement, title to each asset, termination basis, handover and monetary claims.
BOOK AN INITIAL CONSULTATIONGeneral information as at 28 August 2026. Treatment depends on agreement wording, facility type, title registration, tariff and case facts.