QUALITY OBLIGATIONS IN EDUCATION PPP CONTRACTS: LEGAL COLLISIONS AND ADJUDICATION ISSUES

Abstract

This article examines a serious problem arising in the process of fulfilling socio-legal quality obligations within the framework of public-private partnership (PPP) agreements in the education system – the issue of legal conflict. The subject of the research is the legal nature of quality obligations in PPP contracts and their enforcement mechanisms. The study focuses on the following contradiction: on the one hand, the state is obliged to regulate the quality of education, and on the other hand, international investment law guarantees a standard of fair and equal treatment of the private partner. When the state imposes sanctions against a private partner to ensure quality, the same action can be considered an infringement on investor rights in international arbitration practice and subject the state to heavy financial liability. The research methodology is based on comparative legal analysis and the study of international arbitration precedents. Analysis shows that the current legislative framework lacks an independent institutional mechanism that allows for the objective measurement and verification of quality levels. Based on the results, at the end of the article, in order to fill this legal gap, scientifically grounded proposals have been put forward for the introduction of the institution of quality adjudication, that is, an independent tariff and inspection body. The results can be used to improve the legal regulation of PPP projects in the field of education.