Improving Insurance Protection Mechanisms in Concession Agreements: Issues and Solutions

This article explores the mechanisms for protecting the property interests of the parties in a concession agreement through the institute of insurance. It examines the theoretical foundations of risk insurance in concession agreements, analyzes the specifics of legal regulation and practical application of insurance mechanisms. Special attention is given to the challenges of finding an optimal balance between ensuring reliable insurance protection and maintaining incentives for the proper fulfillment of contractual obligations by the participants in the concession agreement. Key obstacles to the effective implementation of insurance protection mechanisms are identified, including the insufficient development of risk assessment methodologies, high costs of insurance coverage, and complexities in loss settlement. A comprehensive set of measures is proposed to improve the insurance protection system, including the development of standard insurance contract terms, the introduction of mechanisms for preliminary review of insurance programs, the creation of specialized insurance pools, and the advancement of the reinsurance institute for risks. The necessity of forming a unified methodological framework for risk assessment in concession projects and determining adequate insurance rates is justified. The article also investigates the specifics of legal regulation of various types of insurance within concession agreements, including property insurance, liability insurance, and business risk insurance. It analyzes the mechanisms for determining insurance sums and the procedures for making insurance payouts, considering the long-term nature of concession projects. The research results can be utilized to enhance legislation and the practical application of insurance protection mechanisms in concession agreements.