Public-Private Partnership Development Program. Public-private partnership (PPP) in the field of information technology. Maxim Akimov declared war on public-private projects for video recording of traffic violations

18.04.2020

The law is devoted to public-private and municipal-private partnerships in the Russian Federation (hereinafter referred to as PPP and MPP, respectively).

PPP, PPP is a legally formalized for a certain period and based on the pooling of resources, the distribution of risks, the cooperation of a public partner, on the one hand, and a private one, on the other, which is carried out on the basis of a special agreement. The goal is to attract private investment to the economy, ensure the availability of goods, works, services and improve their quality.

An agreement on PPP, PPP is concluded between public and private partners for a period of at least 3 years.

A Russian legal entity can be a private partner. Exception - SUEs and MUPs; state and municipal institutions; public law companies and other established Russian Federation on the basis of federal laws of a legal entity; economic partnerships and companies, economic partnerships under the control of public entities; subsidiaries of the above organizations; NCOs created by them in the form of foundations. An exhaustive list of requirements that a private partner must meet has been established.

The obligatory elements of the agreement on PPP, PPP have been fixed. This is the construction and (or) reconstruction of an object by a private partner. Full or partial financing of the creation of the object by him. Operation and (or) maintenance of the facility by a private partner. The emergence of his ownership of the object, subject to the encumbrance of the latter. Moreover, if the total amount of state investments exceeds the amount of private investments, then the object is transferred to public ownership no later than the day the agreement is terminated.

A closed list of objects of the agreement on PPP, PPP has been established. This includes roads, bridges, public transport (except for the subway), railway and pipeline transport facilities, sea, river and specialized ports, water and aircraft, airports, facilities for the production, transmission and distribution of electricity, hydrotechnical facilities, facilities for landscaping, as well as those that process, dispose, neutralize, dispose of municipal solid waste, healthcare facilities, including those intended for sanatorium treatment, educational, cultural, sports facilities, facilities used for organization of recreation for citizens and tourism, other objects of social services for the population.

It is not allowed to conclude an agreement with respect to sources of thermal energy, heating networks or their combination, water supply and sanitation facilities. The form of PPP or PPP for such facilities is a concession agreement.

The powers of the relevant authorities in the field of PPP, MCHP are determined. The guarantees of the rights and legitimate interests of private partners in the implementation of the agreement on PPP, PPP are listed. The procedure for its preparation, conclusion, execution, termination is prescribed.

Corresponding amendments were made to the Land, Town Planning, Water and Forest Codes of the Russian Federation, to the Laws on Subsoil, Appraisal Activities, etc.

The federal law enters into force on January 1, 2016, with the exception of certain provisions for which other terms are provided.

Recently, significant institutional changes have been observed in Russia in industries, the ownership of which previously always belonged to the state and state administration - road, electric power, utilities, ports, airports, etc. Are you also interested in PPP projects in Moscow and the Moscow region?

PPP projects

The use of a public-private partnership program will minimize risks and increase potential income. However, for a PPP investment project to be effective, it needs professional support - legal, financial, technical, organizational and administrative. Comprehensive services of specialized organizations will optimize the budget of the PPP project in Moscow and build competent relationships with contractors.

Product description

Public-private partnership in its modern sense is an organizational and institutional alliance of business and the state, created to implement international and national, local and large-scale socially significant projects in various fields of activity - from design research to the provision of public services.

The Institute provides the following public-private partnership services in Moscow, the region and other regions of the Russian Federation:

Development of the concept of the PPP investment project, preparation necessary documentation, coordination with state or municipal authorities.
Development of the financial model of the project.
Development of a transport model (if necessary), which is needed by many public-private partnership projects in Moscow and the Moscow region.
Development of a business plan, feasibility study or financial and economic justification.
Organization of public discussions, road shows and other events.
Legal support of PPP.
Preparation of presentation and reporting materials, defense of the project in the examination bodies, etc.

About the Institute

Since 2001, the institute has been involved in the preparation and support of the implementation of investment projects, including those within the framework of public-private partnership (PPP).

During this time, the Institute prepared and approved by the Ministry of Transport of Russia a number of methodological documents, prepared packages of documents for the implementation of PPP investment projects.

The institute specializes in traffic forecasting and financial modeling, for which it uses its own unique software, adapted for PPP projects and taking into account both Russian standards and international practice for carrying out such work (bank requirements, generally accepted international methods, etc.)

The specified software and financial models were repeatedly submitted for examination to Western investment consultants. The test results have always been positive.

Leading employees of the institute have been trained in companies - world leaders in the design, creation and management of toll roads.

The Institute is a leader in the number of projects prepared for submission to the Investment Fund of the Russian Federation.

Our projects have already received more than 20 positive opinions from Western investment consultants, the Expert Councils of Rosavtodor and the Ministry of Transport of Russia, Glavgosexpertiza, as well as the Government Commission.

The Institute has partnerships with a number of leading global companies, including:

- Communication & Systems, Paris, France;
- Steer davies gleave, London, UK.

Story

The interaction of the state and the private sector to solve socially significant problems has a long history, including in Russia. However, the most relevant PPP has become in recent decades. On the one hand, the complication of socio-economic life makes it difficult for the state to perform socially significant functions. On the other hand, business is interested in new facilities for investment. PPP is an alternative privatization vital objects of state property of strategic importance.

The most significant experience of public-private partnerships has been gained in Great Britain.

The concept of public-private partnership

Among experts, there is no consensus on what forms of interaction between government and business can be attributed to PPP. Broad interpretation PPP means constructive interaction between government and business not only in the economy, but also in politics, culture, science, etc.

Among the basic features of public-private partnerships in narrow (economic) interpretation the following can be named:

As a rule, PPP assumes that it is not the state that is involved in business projects, but, on the contrary, the state invites business to take part in the implementation of socially significant projects.

Forms of public-private partnership

In a broad sense, to the main forms of PPP in the field economy and government controlled can be attributed:

any mutually beneficial forms of interaction between the state and business;
financial lease ( leasing);
public-private enterprises;

Areas of application of public-private partnership

The main area of application of PPP in the world is the construction of highways. Among the rest, the largest share is occupied by projects in housing and communal services. Since the 1990s, projects in the field of water supply and wastewater treatment have been operating in Russia.

Public-private partnership in Russia

The generally accepted definition, like federal law about PPP, does not currently exist.

Definitions of public-private partnership are present in the laws on PPP adopted in 60 constituent entities of the Russian Federation (as of September 2012). For a complete list, see: www.pppi.ru In 2007, on the basis of Vnesheconombank of the USSR, Development Bank. The main law regulating the activities of this institution directly assigns to it the functions of a participant in the PPP market. The PPP Center of Vnesheconombank is structural unit Development Bank..

The most modern and promising PPP instruments in Russia at the moment are:

other public corporations ;

Public-private partnership in Ukraine

In October 2010, the Law of Ukraine " About public-private partnership”is a law that reflects the point of view of the Ukrainian state regarding the principles, forms and conditions of interaction between business and the state.

Public-private partnership as a way of organizing public-private legal relations has been known to Ukrainian business for a long time. In practice, it is expressed in the form joint activities, management of state property, lease of state property, concessions and others. New law actually reproduces the picture of public-private partnership that exists in practice, with the addition of strokes desirable for the state. The term "public-private partnership" was introduced as a political and managerial, not a legal category. It is defined as cooperation between the state represented by its bodies and business entities, based on an agreement. More information about public-private partnership in Ukraine can be found on the Ukrainian page

Public-private partnership in St. Petersburg

Regional authorities in Russia are also adopting their own PPP programs in order to build long-term and mutually beneficial cooperation between the JIPO and the private sector for the implementation of large community projects. So, according to the head of the Committee for Investments and Strategic Projects A. Chichkanov: "The PPP mechanism allows not only to raise funds for the implementation of socially significant projects for the city, but also to find the most advanced technical solutions and effectively manage the created facilities."

According to the World Bank, St. Petersburg is currently hosting one of the world's largest programs to implement projects using public-private partnership schemes. The city has developed its own legislative framework, allowing investors to interact with regional authorities as efficiently as possible:

So in 2006, the Law of St. Petersburg dated December 25, 2006 No. 627-100 “On the participation of St. Petersburg in public-private partnerships” was adopted.
In addition to it, after 3 years, the Decree of the Government of St. Petersburg of March 31, 2009 No. 346 “On measures to develop public-private partnerships in St. Petersburg” was issued.
As part of the administrative reform, the administrative regulations of the Committee for Investments and Strategic Projects were created. in the same 2009, the Decree of the Committee for Investments and Strategic Projects of the Government of St. Petersburg dated 08.12.2009 No. 92 “On approval of the administrative regulations of the Committee for Investments and Strategic Projects for the performance of the state function of conducting an examination of materials necessary to determine the existence of grounds for making a decision on the implementation of an investment project through the participation of St. Petersburg in a public-private partnership »
Finally, in order to facilitate the implementation of the adopted documents, the Decree of the Government of St. Petersburg dated March 31, 2009 No. 347 "On measures to implement the Law of St. Petersburg" On the participation of St. Petersburg in public-private partnerships "" was developed.

Current PPP projects in St. Petersburg

On the basis of the Law of St. Petersburg "On the participation of St. Petersburg in public-private partnerships", two major projects are being implemented: the development of the airport " Pulkovo» and the construction of a plant for the processing of municipal solid waste in the village of Yanino. Preliminary preparation of PPP projects in the field of housing and communal services (water and heat supply, electricity saving, etc.), development of transport infrastructure and social sphere(construction of socially significant facilities - schools, hospitals, etc.).

Competitions for PPP projects in St. Petersburg

On March 31, 2011 the results were summed up open competition the right to conclude an agreement on the creation and operation on the basis of a public-private partnership of buildings intended for placement educational institutions on the territory of the Pushkinsky district of St. Petersburg and a lease agreement for plots. LLC " Management Company"Turn". Currently, the Committee has announced tenders for the implementation of the following projects:

construction of the Palace of Arts on Vasilyevsky Island
creation and operation highway "Western Speed Diameter "
reconstruction and construction of facilities at the Northern Water Pumping Station of St. Petersburg with the introduction of a two-stage water treatment technology