Public-private partnership

 

Public-private partnership (PPP) is one of the ways to develop public infrastructure based on long-term interaction between the state and business, in which the private party participates not only in design, financing, construction or reconstruction of an infrastructure object, but also in its subsequent operation (provision of services at the created object) and (or) technical maintenance.

The purpose of public-private partnership from an economic point of view is to encourage private investment in the production of services, works and consumer goods. It should be provided by public legal entities at the expense of the relevant budgets, as well as to reduce the participation of the state in economic turnover, when the same tasks can be more effectively performed by business.

From a legal point of view, we are talking about the relationship between public legal entities (the Russian Federation, the Republic of Crimea, and municipalities) and individuals. These relations are based on agreements on public-private partnership or concession agreements concluded between them and by their legal nature civil contracts.

 

Signs of PPP

  • Long-term nature of the partnership (for PPP at least 3 years). The long-term nature of PPP projects follows from the need to return private investment and complex nature of such projects.
  • Distribution of risks and responsibilities between partners by attracting private investors not only to the creation of the facility, but also to its subsequent operation and (or) maintenance. Risk distribution is a prerequisite for structuring relations between private and public parties in PPP projects, and the greatest difficulty in preparing a PPP project arises precisely when searching for an optimal risk distribution.
  • Full or partial financing of the creation of public infrastructure by a private party. The main difference from PPP government order is required to support the creation of the object by the private partner (concessionaire), while the public partner (concession grantor) has the right to offset part of the costs incurred in the creation of the object of the agreement and to carry out full or partial funding of costs associated with the operation and (or) maintenance of the facility agreement.

 

The scheme of the PPP projects implementation

Methodological guidelines for implementing public-private partnership projects developed by the Ministry of economic development of the Russian Federation
Methodological guidelines (PDF, 655.0 Kb)

 

Interpretation of the Ministry of economic development of the Russian Federation on the application of agreements on public-private partnership, municipal-private partnership
Interpretation (PDF, 2.1 Mb)

 

Recommendations of the Ministry of economic development of the Russian Federation on bringing regulatory legal acts of subjects of the Russian Federation in accordance with Federal law №224-FL of July 13, 2015
Recommendations (PDF, 1.2 Mb)

 

The practice of application of concession agreements
Practice (PDF, 3.3 Mb)

 

Practice of applying concession agreements for the development of regional infrastructure
Infrastructure practice (PDF, 7.8 Mb)

 

Private initiative in concessions
Private initiative (PDF, 6.7 Mb)

 

Concession projects in the healthcare sector
Healthcare (PDF, 662 Kb)

 

Concession agreements in the utility sector
Municipal sphere (PDF, 3.2 Mb)

 

Best practices in implementing PPP projects in the social sphere
Social sphere (PDF, 5.9 Mb)

 

Law on public-private partnership: application manual
Application manual (PDF, 1.0 Mb)

 

Regional PPP standard 2.0
Regional PPP standard (PDF, 565 Kb)

 

Rating of regions by PPP development level
Rating of regions (PDF, 296.0 Kb)

 

Overview of the practice of using PPP mechanisms in the sphere of housing and public utilities and landscaping
Overview of practice (PDF, 3.9 Mb)

 

Assessment of PPP development in Russia. The opinion of business.
Assessment (PDF, 911 Kb)

 

Conclusion and execution of concession agreements: guide to judicial practice
Guide to judicial practice (PDF, 7.9 Mb)

 

On priority measures to improve the concession legislation
Priority measures (PDF, 4.2 Mb)

 

Justification of the effectiveness of PPP mechanisms
Justification (PDF, 935 Kb)

 

Expert release «Ensuring profitability guarantees in concession projects»
Expert release (PDF, 778 Kb)

 

Overview of industry practices for implementing PPP projects 2017-2018
Overview of industry practices (PDF, 5.52 Mb)

 

Expert release for October 2018 «Premises as an object of the concession agreement»
Expert release (PDF, 518.0 Kb)

 

Overview of the practice of using public-private partnership mechanisms to create «Smart cities» infrastructure
Overview of practice (PDF, 5.34 Mb)

 

Expert release for March 2019 «Cultural heritage objects as objects of concession agreements and PPP agreements»
Expert release (PDF, 655.0 Kb)

 

Analytical review. PPP in municipal infrastructure and improvement.
Analytical review (PDF, 2.64 Mb)

Budget code of the Russian Federation
Budget code (http://pravo.gov.ru)

 

Land code of the Russian Federation
Land code ( http://pravo.gov.ru)

 

Federal law № 39-FL of 25.02.1999 «On investment activities in the Russian Federation carried out in the form of capital investments»
39-FL ( http://pravo.gov.ru)

 

Federal law № 137-FL of 25.10.2001 «On the introduction of the Land code of the Russian Federation»
137-FL (http://pravo.gov.ru)

 

Federal law № 115-FL of 21.07.2005 «On concession agreements»
115-FL (http://pravo.gov.ru)

 

Federal law № 116-FL of 22.07.2005 «On special economic zones in the Russian Federation»
116-FL (http://pravo.gov.ru)

 

Federal law № 44-FL of 05.04.2013 «On the contract system for procurement of goods, works and services for state and municipal needs»
44-FL (http://pravo.gov.ru)

 

Federal law № 224-FL of 13.07.2015 «On public-private partnership, municipal-private partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation»
224-FL (http://pravo.gov.ru)

Resolution of the Government of the Russian Federation № 808 of 11.11.2002 «On the organization and conduct of auctions for the sale of land plots in state or municipal ownership or the right to conclude lease agreements for such land plots»
Resolution 808 (http://pravo.gov.ru)

 
 

Resolution of the Government of the Russian Federation № 319 of 27.05.2006 «On approval of a model concession agreement for roads and engineering structures of transport infrastructure»
Resolution 319 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 671 of 11.11.2006 «On approval of a model concession agreement for educational facilities»
Resolution 671 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 672 of 11.11.2006 «On approval of a model concession agreement for pipeline transport facilities»
Resolution 672 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 673 of 11.11.2006 «On approval of a model concession agreement for facilities for the production, transmission and distribution of electric and thermal energy»
Resolution 673 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 739 of 05.12.2006 «On approval of a model concession agreement for airfields, buildings and (or) structures intended for take-off, landing, taxiing and parking of aircraft, as well as objects of industrial and engineering infrastructure of airports»
Resolution 739 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 744 of 05.12.2006 «On approval of a model concession agreement for railway transport facilities»
Resolution 744 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 745 of 05.12.2006 «On approval of a model concession agreement for sea and river ports, hydrotechnical structures of ports, objects of industrial and engineering infrastructure of ports»
Resolution 745 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 746 of 05.12.2006 «On approval of a model concession agreement for sea and river vessels, mixed-river (river-sea) navigation vessels, vessels engaged in icebreaking, hydrographic, research activities, ferry crossings, floating and dry docks»
Resolution 746 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 747 of 05.12.2006 «On approval of a model concession agreement for hydraulic structures»
Resolution 747 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 748 of 05.12.2006 «On approval of a model concession agreement for public infrastructure systems and other public utilities»
Resolution 748 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 791 of 22.12.2006 «Оn approval of a model concession agreement for the metro and other public transport»
Resolution 791 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 90 of 09.02.2007 «On approval of a model concession agreement for cultural, sports, recreation, tourism and other socio-cultural facilities»
Resolution 90 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 134 of 01.03.2008 «On approval of Rules of forming and use of budgetary appropriations of Investment Fund of the Russian Federation»
Resolution 134 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 138 of 14.02.2009 «On approval of a model concession agreement for healthcare facilities, including facilities intended for health-resort treatment»
Resolution 138 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1016 of 14.12.2010 «On approval of the rules for selecting investment projects and principals for providing state guarantees of the Russian Federation on loans or bond loans attracted for investment projects»
Resolution 1016 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 648 of 03.08.2011 «On the procedure for selecting and coordinating the implementation of priority investment projects in Federal districts and amending certain acts of the Government of the Russian Federation»
Resolution 648 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 991 of 05.11.2013 «On the procedure for assessing the feasibility of financing investment projects using the funds of the national welfare Fund and (or) pension savings held in trust by a state management company on a refundable basis»
Resolution 991 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1087 of 28.11.2013 «On determining cases of concluding a life cycle contract»
Resolution 1087 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 368 of 24.04.2014 «On approval of the rules for granting consent by the Antimonopoly authority to change the terms of the concession agreement»
Resolution 368 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1044 of 11.10.2014 «On approval of the Program of support for investment projects implemented on the territory of the Russian Federation on the basis of project financing»
Resolution 1044 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 300 of 31.03.2015 «On approval of the form of a proposal to conclude a concession agreement with a person who initiates the conclusion of a concession agreement»
Resolution 300 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1287 of 30.11.2015 «On amendments to paragraph 1 of the resolution of the Government of the Russian Federation of September 10, 2012 № 909»
Resolution 1287 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1309 of 03.12.2015 «On approval of the rules for conducting negotiations by the authorized body related to the consideration of proposals for the implementation of a public-private partnership project, a municipal-private partnership project for evaluating the effectiveness of the project and determining its comparative advantage»
Resolution 1309 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1322 of 04.12.2015 «On approval of the rules for pre-selection of participants in the competition for the right to conclude an agreement on public-private partnership, an agreement on municipal-private partnership»
Resolution 1322 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1366 of 12.12.2015 «On approval of the list of individual rights and obligations of a public partner that may be carried out by its authorized bodies and (or) legal entities in accordance with Federal laws, other regulatory legal acts of the Russian Federation, regulatory legal acts of the subjects of the Russian Federation, and municipal legal acts»
Resolution 1366 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1386 of 19.12.2015 «On the statement of forms of proposals about implementation of public-private partnerships or project municipal-private partnership, as well as requirements for the information contained in the proposal for the implementation of public-private partnerships or project municipal-private partnership»
Resolution 1386 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1387 of 19.12.2015 «On the procedure for sending a public partner a statement of intent to participate in a competition for the right to conclude a public-private partnership agreement, a municipal-private partnership agreement»
Resolution 1387 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1388 of 19.12.2015 «On approval of the rules for consideration by a public partner of a proposal for the implementation of a public-private partnership project or a municipal-private partnership project»
Resolution 1388 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1461 of 29.12.2015 «On amendments to the Regulations on the Ministry of economic development of the Russian Federation»
Resolution 1461 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1490 of 30.12.2015 «On the implementation by a public partner of control over the implementation of the public-private partnership agreement and the municipal-private partnership agreement»
Resolution 1490 (http://pravo.gov.ru)

 

Resolution of the Government of the Russian Federation № 1514 of 30.12.2015 «On the procedure for conducting an authorized body to assess the effectiveness of a public-private partnership project, a municipal-private partnership project and determine their comparative advantage»
Resolution 1514 (http://pravo.gov.ru)

 

Order of the Government of the Russian Federation № 1007-R of 27.07.2007 «Memorandum on financial policy of the state Corporation «Bank for development and foreign economic affairs (Vnesheconombank)»
Order 1007 (http://pravo.gov.ru)

Order of the Ministry of regional development of the Russian Federation № 254 of 27.05.2011 «On approval of the approximate regulations on the regional investment Fund»
Order 254 (PDF, 219 Kb)

 

Order of the Federal Antimonopoly Service № 67 of February 10, 2010 «On the procedure for conducting tenders or auctions for the right to conclude lease agreements, gratuitous use agreements, contracts of trust management of property...»
Order 67 (PDF, 654 Kb)

 

Order of the Ministry of economic development of the Russian Federation № 863 of November 20, 2015 «On approval of the procedure for conducting negotiations related to the consideration of proposals for the implementation of a public-private partnership project, a municipal-private partnership project, between a public partner and the initiator of the project»
Order 863 (http://pravo.gov.ru)

 

Order of the Ministry of economic development of the Russian Federation № 864 of November 20, 2015 «On approval of the procedure for conducting preliminary negotiations related to the development of a proposal for the implementation of a public-private partnership project, a municipal-private partnership project, between a public partner and the initiator of the project»
Order 864 (http://pravo.gov.ru)

 

Order of the Ministry of economic development of the Russian Federation № 888 of November 27, 2015 «On approval of the procedure for monitoring the implementation of public-private partnership agreements and municipal-private partnership agreements»
Order 888 (http://pravo.gov.ru)

 

Order of the Ministry of economic development of the Russian Federation № 894 of November 30, 2015 «On approval of the methodology for evaluating the effectiveness of a public-private partnership project, a municipal-private partnership project and determining their comparative advantage»
Order 894 (http://pravo.gov.ru)

 

Order of the Ministry of economic development of the Russian Federation № 762 of November 25, 2019 «On the organization of work in the Ministry of economic development of Russia on the calculation of the indicator "Level of development of the sphere of public-private partnership in the subject of the Russian Federation" for 2019»
Order 762 (PDF, 4.55 Mb)

 

Order of the Ministry of economic development of the Russian Federation № 816 of December 19, 2019 «On the organization work in the Ministry of economic development of Russia for the calculation of the indicator «Level of development of the public-private partnership in subjects of the Russian Federation» for 2020 and subsequent years»
Order 816 (PDF, 10.7 Mb)

 

Letter № 03-66 of the Ministry of education and science of the Russian Federation of February 4, 2011 «On the application of public-private partnership mechanisms in the field of education»
Letter 03-66 (PDF, 692 Kb)

 

Letter № AC/3793/14 of the Federal Antimonopoly Service of February 5, 2014 «On the issue of placing information on tenders held by the local government body for the right to conclude a concession agreement»
Letter AC/3793/14 (PDF, 76,5 Kb)

Resolution of the Council of Ministers of the Republic of Crimea № 50 of February 15, 2016 «On approval of the Procedure for preparing and concluding concession agreements implemented on the territory of the Republic of Crimea»
Resolution 50 (http://rk.gov.ru)

 

Resolution of the Council of Ministers of the Republic of Crimea № 339 of June 28, 2017 «On amendments to the resolution of the Council of Ministers of the Republic of Crimea dated February 15, 2016 № 50»
Resolution 339 (http://rk.gov.ru)

 

Resolution of the Council of Ministers of the Republic of Crimea № 389 of July 27, 2017 «On certain issues of implementation of public-private partnership projects»
Resolution 389 (http://rk.gov.ru)

 

Resolution of the Council of Ministers of the Republic of Crimea № 534 of October 11, 2017 «On amendments to the resolution of the Council of Ministers of the Republic of Crimea dated February 15, 2016 № 50»
Resolution 534 (http://rk.gov.ru)

 

Resolution of the Council of Ministers of the Republic of Crimea № 285 of May 27, 2019 «On the establishment of an Interdepartmental coordination Council for the development of public-private partnership in the territory of the Republic of Crimea»
Resolution 285 (http://rk.gov.ru)

 

Resolution of the Council of Ministers of the Republic of Crimea № 435 of August 8, 2019 «On amendments to the resolution of the Council of Ministers of the Republic of Crimea dated May 27, 2019 № 285»
Resolution 435 (http://rk.gov.ru)

 

Order of the Council of Ministers of the Republic of Crimea № 6-R of January 14, 2020 «On approval of the Concept of development of public-private partnership in the Republic of Crimea for 2020-2025» in the subsection «Legal framework» of the section «Public-private partnership»
Order 6-R (http://rk.gov.ru)

 
 
 

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