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Legal issues of PPP implementation in the region
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Legal issues of PPP implementation in the region

Public-private partnership (PPP) a long-term mutually beneficial cooperation of public and private partners aimed at implementation of projects in order to achieve socio-economic development of public law entities, at improvement of availability and quality of public services, achieved by risk sharing and attracting private assets.

Main distinctive features of PPP projects implementation:

  • socio-economic orientation and importance of projects;
  • long-term relationship (from 10 to 49 years);
  • distribution of risks between the parties of an agreement;
  • pooling resources of public and private partners.

Public-private partnership allows:

  • accelerating modernization of public infrastructure by attracting additional extra budgetary funding;
  • saving budgetary funds in the short term by distributing financial obligations for long term period;
  • improving quality of public services by using the newest technologies and managerial experience of private business.

 

Federal level

Activity in the sphere of public-private partnership at federal level is regulated by special legal regulations fixed in the following legal acts:

  • Budget Code of the Russian Federation;
  • Tax Code of the Russian Federation;
  • Federal law of 21.07.2005 № 115-FZ On Concession Agreements;
  • Federal law of 21.07.2005 № 94-FZ On Placement of Orders for Delivery of Goods, Execution of Works, Provision of Services for State and Municipal Needs;
  • Federal law of 26.07.2006 № 135-FZ On Protection of Competition;
  • Federal law of 17.05.2007 № 82-FZ On Development Bank;
  • Federal law of 14.11.2002 № 161-FZ On State and Municipal Unitary Enterprises;
  • Law of the Russian Federation of 21.02.1992 № 2395-1 On Subsoil;
  • Federal law of 29.07.1998 №135-FZ On Evaluation Activities in the Russian Federation;
  • Decrees of the Government of the Russian Federation which approve standard forms of concession agreements and other acts.

Today the State Duma is considering a draft federal law On Foundations of PPP in the Russian Federation which is aimed at regulation at federal level of the main issues of PPP projects implementation. 

The level of Leningrad region

  • Regional law of Leningrad region of 14.10.2011 № 78-OZ On Participation of Leningrad Region in Public-Private Partnership (download, RU);
  • Decree of 10.10.2012 № 313 On Executive Authority of Leningrad Region Authorized for Implementation of State Policy of Leningrad Region on Public-Private Partnership (download, RU);
  • Decree of 04.03.2014 № 48 On Executive Authority of Leningrad Region Authorized for Exercising Certain Rights and Responsibilities of Leningrad Region on Preparation, Conclusion, Execution, Alteration and Termination of Concession Agreements (download, RU);
  • Decree of 27.02.2010 № 43 On Approval of the Procedure of Use of Outsourcing in Executive Bodies of Leningrad Region (download, RU).

Today Leningrad region is preparing a new version of the regional law of Leningrad region On Participation of Leningrad Region in PPP.

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Economic Development Agency of Leningrad Region

 

Address: 64 B Malookhtinsky avenue, office 402, Saint Petersburg, 195112, Russia

Phone: + 7 (812) 644 01 23

Fax: +7 (812) 644 01 23 (ext. 2042)

invest@lenreg.ru 

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