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 of the 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 has 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 its own unique software is used, 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 objects for investment. PPP is an alternative to the privatization of vital, strategic state property.

The most significant experience of public-private partnerships has been developed in the UK.

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, the main forms of PPP in the field of economy and public administration include:

• 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

A generally accepted definition, as well as a federal law on PPP, does not exist today.

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, the Development Bank was established on the basis of Vnesheconombank of the USSR. 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 a structural subdivision of the 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 forms of joint activities, management of state property, lease of state property, concessions and others. The 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 public 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 that allows investors to interact with regional authorities as efficiently as possible:

1. 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.
2. 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.
3. 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 »
4. 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 Pulkovo airport 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 public utilities (water and heat supply, energy conservation, etc.), development of transport infrastructure and in the social sphere (construction of socially significant facilities - schools, hospitals, etc.).

Competitions for PPP projects in St. Petersburg

On March 31, 2011, the results of an open tender were summed up for the right to conclude an agreement on the creation and operation on the basis of a public-private partnership of buildings intended to accommodate educational institutions in the Pushkinsky district of St. Petersburg and a land lease agreement. LLC Managing Company Peremena was recognized as the winner of the Competition. Currently, the Committee has announced competitions for the implementation of the following projects:

• construction of the Palace of Arts on Vasilyevsky Island
• creation and operation of the highway "Western high-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

Links

• PPP, State investments, Extra-budgetary financing: International information and analytical portal "Gosinvestor.ru"
• Center for the Development of Public-Private Partnerships in Russia
• PPP Information Portal info: Infrastructure and public-private partnership in Russia
• Public-private partnership in Russia: information and analytical portal
• Poland
• Study: Financial Viability and Acceptability of Off-budget Infrastructure Financing Models, KPMG, 2006
• Service Concession Contracts: First Experience, KPMG, 2007
• Public-Private Partnership as a Form of Government-Business Relations in Russia
• There are PPP instruments in Russia. We must learn to work with them.
• Historical forms of PPP: ordeal, farming, concessions. PPP in the Russian Empire.
• What are the ledgers silent about? Pitfalls of Public-Private Partnerships in Central and Eastern Europe

Research Institute "Voskhod" wrote a plan for the development of IT through PPP in the Russian regions

The Center for the Development of Investments and PPPs in the Digital Economy of the Federal State Budgetary Institution Research Institute Voskhod has prepared a work plan for the development of PPPs in the IT sector. The document implies support by the center for the structuring, approval and implementation of concession and PPP agreements in the IT field. Announced this to TAdviser on January 29, 2020 by the head of the center for the development of investments and PPP in the digital economy Nadezhda Kostryukova. More

2019

The Ministry of Telecom and Mass Communications created the center of the help to PPP projects in the field of IT

As of December 2019, the center analyzes the current state of the IT PPP market in all Russian regions. In the course of this analysis, the center, in particular, identifies barriers to the implementation of PPP projects. In addition, the center collects proposals and initiatives for the development of PPP from the regions, Aleksey Dorozhko, deputy director of the department for coordination and implementation of projects in the digital economy of the Ministry of Telecom and Mass Communications, told TAdviser.

The Center for the Development of Investments and PPPs in the Digital Economy, according to him, is a structural subdivision of the Federal State Budgetary Institution Research Institute Voskhod. The number and composition of the staff envisaged by it is 5 subject specialists in the field of PPP. However, according to Dorozhko, their number can be increased in the event of an increase in calls to the center. At the same time, as Dorozhko added, in its activities the center uses all the available expertise and competencies of the Federal State Budgetary Institution Research Institute "Voskhod" in the field of information technology.

Nadezhda Kostryukova has been appointed head of the center. Previously, she worked as a project director for the Smart City product office of Rostelecom.

As the services provided by the center, Alexey Dorozhko named assistance to concessors and public partners in identifying and preparing IT projects, consulting support in the interaction between investors and the state, information and educational support, as well as assistance in the development of the regulatory legal framework and PPP methodology in IT.

The center's services, according to Alexei Dorozhko, do not include financial support for market participants. At the same time, an important task of the center is to provide potential investors of IT projects with assistance in cooperation with development institutions, as well as with financial organizations. The purpose of such assistance, according to Dorozhko, is to provide access to existing financing instruments.

Together with the center for the development of investments and PPP in the digital economy, the project office for the implementation of the national program "Digital Economy" and the National PPP Center, as Mikhail Nasibulin pointed out, the Ministry of Telecom and Mass Communications plans to conduct PPP accelerators. In them, regions, operators and private investors will jointly work out pilot PPP projects in IT and, through a series of hackathons and road shows, properly “package” ready-to-launch projects.

Partially, the PPP accelerator has already been tested - at the master class "Investments and PPPs in IT" as part of the interregional meeting "Leaders of Digital Development", held in October 2019 in Sochi.

Speaking about the reasons for the creation of the center, Mikhail Nasibulin recalled that it is necessary to attract about 535 billion rubles of private investment for the implementation of the Digital Economy national program. According to him, the PPP mechanism will be an important tool for such attraction.

Alexey Dorozhko drew TAdviser's attention to the fact that relatively recently IT projects received full-fledged opportunities for implementation using PPP mechanisms.

At the same time, he noted that in the context of the development of the digital economy, such projects are interdisciplinary in nature. In this sense, according to him, the creation of the Center for the Development of Investments and PPPs in the Digital Economy made it possible to combine versatile unique competencies on one platform to address topical issues of PPP development in IT.

Alexey Dorozhko also drew TAdviser's attention to the fact that in Russia there are no specialized financial organizations, as well as financial products for the implementation of PPP projects in IT.

He also pointed TAdviser to those IT projects which have prospects from the point of view of implementation on the PPP model.

The development of already existing state information systems, according to him, in some cases can also be reoriented to the use of new investment mechanisms. In addition, as Dorozhko noted, the Smart City project is being intensively developed in the regions, during the implementation of which new concession mechanisms and PPPs in IT are already being tested.

The head of the project office for the implementation of the Digital Economy national program of the Analytical Center under the Government of Russia Vladimir Mesropyan told TAdviser that the project office supports the creation of an investment and PPP development center in the digital economy and considers it as one of the key partners.

At the same time, he noted that the center has already begun to provide comprehensive technical, economic and legal support to federal and regional government bodies responsible for pursuing state policy and implementing projects in this area.

Speaking about the expediency of creating the center, Vladimir Mesropyan noted that state bodies on the side of public partners and concessors, both at the federal and regional levels, have a need for special competencies necessary to apply new mechanisms in the implementation of relevant projects.

According to him, the support provided by the center to IT projects is the main thing that they lack for successful development.

He also added that, ultimately, the activities of the center in the field of IT will allow private business to be involved in the financing and operation of various kinds of information systems and other IT facilities, as well as reduce the burden on federal and regional budgets when implementing projects of the Digital Economy national program.

Maxim Akimov declared war on public-private projects for video recording of traffic violations

2018

Which state regional systems can switch to the model of public-private partnership

The public-private partnership (PPP) model is a common form of relationships for areas that are drivers for the development of state institutions of the regional economy. Funding from the state budget for such high-cost areas as the digitalization of public administration finds serious obstacles in subsidized regions. And not only in them - even donor regions are faced with the need to primarily finance social projects and postpone the task of creating their own digital space until later.

But the costs of creating or upgrading, as well as improving the efficiency of public digital services, can be borne by a business that plans to recover costs through the commercialization of the product it has created. What directions can be transferred to business? First of all, this is transport, the service sector, including housing and communal services, telecommunications, healthcare and security.

In addition, according to her, the PPP model is applicable to the development of document management systems.

If we compare various forms of PPP, then it is the concession model that protects the investor more legally, he noted. Glushkov believes that projects for the creation of paid municipal parking in the future will increasingly be formalized as concession agreements. The budgets of state organizations are often very limited, so private investment will help to quickly launch IT projects and significantly save state funds, says a representative of Lanit.

Valery Kvon, Advisor to the President of AiTeco, told TAdviser that the community had been moving towards this law for several years. In his opinion, the law is of tremendous importance for the market: it opens the gateway to launching a number of PPP projects, access to which was significantly limited or available only to large market players.

This is extremely important for the development of such segments where synergy is achieved between the capabilities of the state and innovative start-ups, and there are many such industries: for example, tourism, transport, sports, and the performance of a number of government functions, Kwon added.

Welcome of the authorities to public-private partnership in IT

The State Duma has established the possibility of concluding agreements on the so-called public-private partnership (PPP) and concessions in relation to information systems, including state ones, databases, Internet sites and computer programs. Until now, such relations between the state and business have not been fully regulated, lawmakers believe. At the same time, a similar format was still used in Russia.

The website of the lawmakers notes that the bill was initiated by a group of deputies headed by the chairman of the Duma Committee on Natural Resources, Property and Land Relations, a member of the United Russia faction Nikolai Nikolaev.

According to the head of the relevant committee, the approved act is relevant and is a stage in solving the problem of digitalization of the Russian economy, since it allows attracting private investments and world practices to the PPP sector.

At the end of June, Russian President Vladimir Putin signed amendments to the law "On Concession Agreements", which provide that the objects of public-private partnership (PPP) can be software, databases, information systems and websites, as well as buildings and premises technologically connected with IT objects.

2017: The bill on creation of IT systems on the PPP model is submitted to the State Duma

The State Duma has amended the legislation on public-private partnerships (PPP) and concessions, which, according to their authors, will allow the state to save costs on, which annually amount to about 100 billion rubles.

On April 24, 2017, Deputy Nikolay Nikolaev submitted amendments to Federal Law No. 224 “On Public-Private Partnerships, Municipal-Private Partnerships in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” and Federal Law No. 115 “On Concession Agreements” to the State Duma for consideration ”, recognizing IT systems as PPPs and concessions - previously only real estate objects, such as roads or buildings, were recognized as such. Amendments to the draft law were initiated by IIDF with the support of experts from the Ministry of Economic Development, Rostelecom and Gazprombank. At the interdepartmental commission on PPP they were supported by all participants of the meeting.

If an object is created according to the PPP or concession model, the costs of creating or upgrading and improving the efficiency of the IT system can be borne by the contractor from among the IT market companies, and the contract provides for the possibility of commercialization by the contractor of the product created / upgraded by him. At the same time, the social significance of the object will be preserved - anyone can get access to one or another electronic system of public services.

According to TAdviser, creation and development cost the state 15.4 billion rubles. in 2015-16, operation and modernization - another 43.4 billion rubles. Among them are the system of the Pension Fund of the Russian Federation, the system of the Social Insurance Fund, the Federal Treasury, customs authorities, etc. For comparison, about 100 billion rubles. will cost the state a program of food assistance to the poor.

According to the authors, the adoption of amendments to the bills will also contribute to the implementation of Presidential Order No. 2346 on the approval of the program "Digital Economy of Russia", which will provide for measures to create legal, technical, organizational and financial conditions for the development of the digital economy in the Russian Federation.

2016: Prospects for public-private partnership in information technology through the eyes of IT companies

How do you assess the prospects for public-private partnerships in the IT field? With such question TAdviser addressed the Russian companies which are engaged in IT projects in public sector.

From the answers of the respondents, it can be concluded that public-private partnership (PPP) can be promising, but such cooperation has limited potential. In particular, according to experts, the PPP mechanism is now spelled out in the law mainly in the interests of big business. The main problem is the legal insecurity of the interests of entrepreneurs in relations with the state. In addition, the legislation is quite conservative and it is impossible for commercial companies to enter a number of tasks that the state could and would like to outsource to business due to regulatory restrictions.

For the dynamic development of PPP, a global national policy and a clear vector of development are needed. According to experts, perhaps even a dedicated regulator of such activities and a single platform for concluding transactions are needed.

A significant surge in IT projects based on the PPP model, both at the federal and regional levels, will only occur when existing public-private partnership projects show their effectiveness, Irina Semenova, Vice President of Maykor, believes.

The most notable PPP projects as of 2016 are being implemented in the Moscow region. In particular, this creation (partner - "and Alexei Boldyrev. The PPP mechanism is spelled out in the law mainly in the interests of big business, probably for a dozen or two players in the Russian market, he adds.

PPP in state informatization is developing in parallel with the sequestration of IT budgets, and serves as a very reliable anti-crisis measure, says Galina Akhmerova, deputy general director of BARS Group for commerce and business development. Interest in this model is shown by large banks and telecommunications companies that are ready to invest their money in state informatization, and IT companies can already act as their contractors.

In addition, in his opinion, private companies and government organizations have different goals. For private companies, this means making a profit; for government agencies, it means providing services to all categories of citizens. There is a conflict of interest, which carries the risk of the collapse of the partnership. It is extremely difficult to maintain this balance in projects implemented under the PPP scheme.

As an example, he cites a project to create public Wi-Fi networks in the subway: In fact, in exchange for access to infrastructure, the city and citizens received free access to the Internet at any point of the subway. The return on investment in this case is fully transferred to the operator.

One of the main problems of PPP is the legal insecurity of the interests of entrepreneurs in relations with the state and conservative legislation.

For the dynamic development of this area, a global nationwide policy and a clear development vector are needed, Sergey Eisymont, deputy director of the Lanit complex projects department, is sure. Perhaps we need a dedicated regulator of such activities and a single platform for concluding transactions - a kind of "state job fair", he adds.

Cooperation in the form of PPP is beneficial to both parties only if the state gives certain and firm guarantees, and only large businesses can achieve them, agrees Evgeny Efimenko, commercial director of FORS - Development Center.

In the IT sector in Komi, according to Selyutin, projects in the form of PPPs were also planned, but did not take place: "Thank God, they did not have time."

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 legal entities created by the Russian Federation on the basis of federal laws; 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.