Great Britain

standard & Poor's

Ernst & Young

Price Waterhouse Coopers

Deloitte

Asian Development Bank (ADB)

European Investment Bank (EIB)

Subjects

Achieving the tasks of socio-economic development

Engagement by the public side of the private side

Performance of works on maintenance, operation, reconstruction, modernization, construction of public infrastructure facilities

Long term

cooperation

Mutually beneficial

cooperation

Separation of risks, competencies and responsibilities

Conclusion of an agreement

Subjects

Achieving the tasks of socio-economic development

Engagement by the public side of the private side

Performance of work on tsh-n and chesk v both puddles and van and yu.

operation, recog gaiter k-ii. moleology. stpo-

authority of public infrastructure facilities

Provision of public services

Long term

cooperation

Mutually beneficial

cooperation

Separation of risks, competencies and responsibilities

Conclusion of an agreement

Australia

Singapore

Lecture №3 Fundamentals of PPP

Profound political, economic and social transformations of the last two decades in countries with economies in transition, intensive processes of globalization in modern world created the ground for consolidating the efforts of the authorities and the business community in solving the problems of meeting the needs of the population in a wide range of services that have traditionally been the responsibility of state authorities and local self-government. The problems that arose along this path required a set of measures that went beyond the competence and financial capabilities of the public and private sectors and led to the emergence of a new phenomenon - public-private partnership (PPP).

In the context of a full-scale transition to a market economy, the Russian Federation and the CIS countries consider PPP as an important mechanism for developing and increasing competitiveness. In recent years, the necessary prerequisites have been created in our country: the initial legal framework and institutions for the development and support of such a partnership have been determined; accumulated experience in the formation of a flow of project applications; attempts are being made to actually apply the concession legislation in large infrastructure projects; all large-scale partnership projects are being implemented in public utilities and in the field of culture; a search is being made for ways to use PPP mechanisms in high-tech industries for the production of goods and services, in healthcare, science and education.

Preparation and implementation of projects for the development of infrastructure of interstate, national, regional and municipal significance using the mechanisms and various forms of PPP in our country and in other countries with economies in transition are a priority. The planned significant increase in the share of private capital in socio-economic development programs is impossible without using the experience of countries.

The concept and essence of PPP

PPP is a long-term mutually beneficial cooperation between public and private partners aimed at implementing PPP projects in order to achieve the objectives of public legal entities, increase the level of accessibility and quality of public services, achieved by attracting private resources and sharing risks between partners.

Many definitions have been developed for public-private partnerships, and most of them highlight the following: elements, revealing the essence of PPP:

PPP facility

The object of PPP is the property that is part of the transport, engineering and social infrastructures s (or some part of the public sector as a whole). Also object PPP can be any public sector function (also called public services, public services, government services), the implementation of which is assigned to a private party.

Under infrastructure refers to the totality of structures, buildings, systems and services necessary for the functioning of the economy and ensuring the living conditions of the population. Most often, PPP is implemented in the following sectors of the infrastructure complex:

Transport infrastructure:

· car roads;

railways;

pipeline

sea ​​and river ports and ships;

airfields, production and engineering

airport infrastructure;

metro and other public transport

use.

Social infrastructure:

health care;

· Spa treatment;

· education;

· culture;

social service;

Energy infrastructure:

production, transmission and distribution

· electrical and thermal energy;

heat, gas and power supply;

outdoor lighting and other objects.

Communal infrastructure:

· water supply and sanitation;

Disposal (burial) of household waste;

landscaping;

social facilities;

hydraulic structures.

The essence of PPP projects is to transfer the functions of the public sector for the construction, reconstruction, modernization, maintenance and operation of infrastructure facilities to the private sector.

PPP subject

The subject of PPP is the relationship in the process of interaction between the public and private sectors regarding the construction (reconstruction, modernization), operation and management of infrastructure facilities. These relationships have the following key properties:

ü PPP combines two types of activities:

Investments in infrastructure facilities;

Provision of services using these facilities or their operation.

ü In general, there are two stages in a PPP project:

“cost stage”, during which the private and public parties invest money in infrastructure facilities (and other facilities related to the functions of the public sector);

"profitable stage", during which the provision of services with the help of these objects and return on investment.

The presence of a "profitable stage" is the key difference between PPP projects and government contracts. At the same time, the source of income for a PPP project can be both revenue from the provision of services to individuals and payments from the budget.

ü PPP is long-term and contractual.

The long-term nature of the implementation of PPP projects follows from the need to return the funds invested by the private party (as opposed to the state order). The average period for the implementation of PPP projects is more than 10 years: at the same time, the “profitable stage” is the longest, while the “costly” stage is generally comparable in terms of time with the state order.

Due to the long-term nature and the need to formalize all the conditions, the complexity of contractual relations for PPP projects is significantly higher than for the state order. This, in turn, leads to a higher cost of pre-project and preparatory work for PPP projects.

ü PPP involves the sharing of project risks between the parties

Here “risks” are understood as probable changes in project indicators, primarily related to income and expenses. Risk sharing is a prerequisite for PPP relationships. At the same time, the greatest difficulty is the search for the optimal distribution of risks depending on the specifics of the PPP project (industry, type of agreement, financing conditions, etc.). General rule it is that each project risk is borne by the party that is best able to manage it.

The difficulty in implementing this rule lies in the fact that, on the one hand, a private investor seeks to increase income and therefore tends to underestimate the risks of a PPP project (direct risk-income relationship); on the other hand, the public authority seeks to reduce liability and therefore tends to overestimate the risks transferred to the private sector (inverse risk-return/responsibility relationship).

The need to find the optimal distribution of risks also increases the importance of the pre-project stage of PPP in comparison with the state order.

Purpose of using PPP

The purpose of using PPP is to ensure the dynamic socio-economic development of the region, subject to an increase in the efficiency of the use of budgetary funds and an increase in the quality and volume of public sector services through investments attracted from non-budgetary sources.

The purpose of a PPP includes three interrelated elements:

· accelerating the pace of socio-economic development of the region through additional investment in infrastructure attracted from non-budgetary sources, as well as by improving the quality of public sector services;

· budgetary savings in the short term due to the distribution of funding for a longer period;

· Improving the efficiency of the use of budgetary funds by attracting the private sector.

From the point of view of state regulation of the economy, PPP is aimed at attracting private sector organizations to the implementation of resource- and capital-intensive infrastructure projects, as well as ensuring the development of production activities in a wide range of sectors of the economy and, ultimately, improving the living standards of the population.

Forms of PPP

Public-private partnership includes many forms, which have various names and are used in a wide range of infrastructure industries and investment transactions.

In particular, in fig. The main directions of classification of PPP forms are presented.

PPP Models

There are a number of PPP models that make it possible to share responsibility and risk-taking between the public and private sectors in PPP projects. The following models are commonly used to describe typical partnership agreements:

"Acquisition - Build - Operate" (BBO - Buy - Build - Operate):

Transfer of state property to a private and quasi-state structure on the terms of a contract, according to which the property must be modernized and operated for a certain period of time. State control is carried out during the validity of the contract on the transfer of property.

"Build - Own - Operate" (BOO - Build - Own - Operate):

The private sector finances, builds, owns and operates a facility or provides a service on a lifetime ownership or lease basis. State limits are established in the original agreement and through the functioning of a permanent regulatory body.

"Build - Own - Operate - Transfer" (BOOT - Build - Own - Operate - Transfer): A private sector entity obtains a franchise to finance, design, build, and operate a facility (as well as to charge a user fee) for a specified period, after which ownership is returned to the government.

"Build - Operate - Transfer" (BOT - Build - Operate - Transfer):

The private sector designs, finances and builds the new facility under a long-term concession agreement and operates it for the duration of the agreement. At the expiration of the agreement, ownership returns to the public sector if that ownership has not already been transferred due to the completion of the project. In fact, this form covers the BOOT and BLOT models with the only difference - in the form of ownership of the object.

Specificity of PPP and its functions

PPP is not privatization. In PPP, responsibility for the production and provision of public services is assigned to the public sector, while in privatization responsibility is transferred to the private sector (the state can retain regulatory control of prices).

In a PPP, there is no change in ownership, but the public sector retains responsibility and accountability.

PPP is also different from the public procurement system. Procurement by the public sector involves the purchase, leasing, renting of goods or services by the state, regional or local authorities. Purchasing is used to purchase simple goods or needed services, as well as to use the opportunity to choose from a variety of suppliers the most effective to save costs.

PPP is something more long-term, costly and complex in terms of financial mechanisms. Often, the PPP is given the right to operate at the end of the contract, the right to charge customers and determine key areas of responsibility, such as design, construction, financing, technical and commercial operation, maintenance, etc.

However, PPP is related to the traditional public and municipal procurement system in the sense that PPP suppliers are selected based on regulated public procurement procedures.

Public-private partnership (PPP) is founded to provide financing, planning, execution and operation of facilities, production and provision of public sector services. Its key features are:

a) Long-term provision and provision of services (sometimes up to 30 years);

b) Risk transfer to the private sector;

c) Variety of forms of long-term contracts concluded by legal entities with state and municipal structures.

Benefits from PPP

Best value for money: A government's decision to launch a PPP is often based on an analysis that helps to understand that the PPP approach has greater returns to society, due in part to:

a) cost reduction;

b) improving service levels;

c) risk reduction.

Access to capital: PPPs provide the government with access to alternative private sources of capital, allowing important and urgent projects to be realized that might not otherwise be possible.

Confidence in results : Confidence in results increases in terms of both "timeliness" of projects (the private partner has a strong incentive to complete the project as soon as possible in order to lower its costs and start getting paid) and "on budget" of projects (the payment schedule is agreed before construction starts). , which serves as protection for society against cost overruns).

Off-balance sheet borrowing: Debt that is not shown on the balance sheet is referred to as "off-balance sheet financing". Off-balance sheet financing allows a country to borrow without changing its debt performance.

Innovation: The fusion of public and private sector motivations and skills, as well as competitive contracting, increase opportunities for innovative approaches to PPP-based public infrastructure projects.

While PPP projects are profitable, they also come with significant challenges. There is a risk that a hasty transfer of assets to a private partner without thorough public sector scrutiny could risk losing vital services to the general population. In fact, governments should be cautious when entering into any project, because without a preliminary study of the situation, what has already been done and what has not yet been done, there is a possibility of repeating the mistakes made earlier in other countries.

Foreign experience of PPP

The development of PPP in countries goes through certain stages

As can be seen from the table below, there is a tendency for countries to go through certain stages before PPP programs become fully operational. Most countries are at the first stage, when the number of real projects is still small. It is only in the third stage, which few countries are in, that the programs become meaningful. At this stage, countries develop the necessary institutions, such as PPP governance structures, capital markets, and technology and decision-making know-how, finally, sufficient attention can be paid to the implementation of more complex projects and financial schemes.

Issues of attracting private capital to invest in social and infrastructure projects traditionally financed from state budget, are in the focus of attention of practitioners and researchers in most developed countries of the world. The topic has a long history. In France and Great Britain, the emergence of concession relationships dates back to the 16th century (in France, for example, it is believed that the first concession was granted in 1554 to the engineer Adam de Crapon for the construction and operation of the canal). This form of cooperation became widespread in Europe and the USA in the 19th century, and in the 1980s and 1990s, the issues of attracting business to the implementation of projects traditionally under the jurisdiction of the state again attracted attention around the world. Now in the UK alone, the cost of facilities built with publicly raised private capital over the past ten years has exceeded £24bn. When implementing state projects in which participation private business, the parties enter into partnerships, which are usually called partnerships between the state and private business ( Public-Private Partnership-PPP).

In most cases, the initiative to establish partnerships with private business comes from the state and is caused by the inability of the state to provide the necessary volumes, concentration and efficient use of financial resources in order to maintain and innovate infrastructure of all types, while private business has large free cash resources, is inherently more efficient and, with proper control, is better able to solve these problems.

In world practice, various forms of partnership between the state and private business are used. The most popular of them, according to most experts, is the concession

Concessions in their pure form are most common in countries where partnership between the state and private business is based on a developed legislative framework. Among such countries, first of all, it is necessary to rank France, whose concession legislation is one of the most developed in the world and consists of complex system legal norms contained in a wide variety of state and local regulations, and in which there is a rich arbitrage practice. to countries with underdeveloped legislative framework Public-private partnerships include the United States, where there is virtually no specific concession legislation at the federal level. Some specific requirements for concessionaires are established regulations states and local governments, but in general, the relationship between the state and private business is governed by general civil law, which causes a large number of forms of partnership that can be classified as concessions. Below are some forms of public-private partnerships in the United States that are used in infrastructure development.

· Long-term lease of infrastructure facilities that are in state or municipal ownership.

Leasing is aimed at attracting private investment for modernization, ensuring more efficient operation of the infrastructure facility and must be justified by investing in the development of the facility. Renting is widely used in the utility infrastructure sector: water supply, sewerage and wastewater treatment.

· Reverse leasing.

In accordance with this scheme, the developer builds and puts into operation an object, which then leases it to the state (municipality). Leasing payments within a specified period must cover the cost of the object and bring profit, the rate of which is established in the contract. In essence, this scheme is an 'purchase by installments', except that, as the lease payments are made, the state (municipality) becomes the owner of the object, proportional to the intermediate amount of payments.

ü Transfer of the object into possession with the obligation to provide services.

When implementing this scheme, the infrastructure object is transferred to the ownership of a private person. The transfer of an object into possession is necessarily conditioned by the obligation to provide a certain range of services. In the USA, such a scheme is most often used in relation to enterprises for the processing and transportation of waste, objects of rescue services.

ü Sale with subsequent lease.

This scheme is based on the fact that the state (municipality) sells an infrastructure facility to a private company and immediately after the sale takes it on lease. Thus, the state gets the opportunity to raise funds for investments, in addition, both parties receive various benefits (including tax) in accordance with US law.

It should be noted that some of the above schemes apply only in the US and Canada. In Europe, similar forms of partnership may have their own characteristics and other names.

Examples of successful PPP projects implemented in the world.

1.5.1. Canada. Energy. An example of a waste management project.

The City of Vancouver, British Columbia, Canada has agreed to a joint agreement with the private sector to modernize industrial waste disposal (including the recovery of methane and carbon dioxide, which have a major impact on global climate change) for commercial use.

Under the established PPP structure, the private sector side took over the design, financing and construction of the thermal power plant. It uses landfill gas as an alternative energy source sold by a private partner for local industrial purposes. The heat released during the production of electricity, which is then converted into hot water, is sold by a private partner to a large greenhouse complex for heating purposes. The private company and the city (city administration) share in the income from the sale of electricity and heat.

Main participants. The City of Vancouver is a government partner in the project. The city owns the landfill site and manages the landfill, which is located on land owned by the city. The private partnership of the project is provided by the electricity generation company, which is established as its own subsidiary, developing, financing, constructing and managing combined heat and power projects, as well as specializing in the sale of electricity and heat.

BC Hydro, British Columbia Crown Corporation, under Energy and Natural Resources Canada, is the buyer and distributor of electricity generated through combined heat and power generation. Another private partner of the project is the agro-industrial sector, which buys hot water from the electricity generation process and uses it in greenhouse production.

Choice of partners. In 2001, the city announced a competition to find a partner to finance, develop, build, manage and efficiently use (in terms of profitability) a combined heat and power project. Although the city has already adopted a plan for the construction of the power grids, it was decided to hold a competition among private companies in order to discover and evaluate a wider range of design concepts, as well as to maximize the economic, environmental and social benefits for the city. Five proposals from private companies were submitted to the competition, each of which relied on completely different approaches to waste disposal and disposal. Applications accepted for consideration included proposals for using the gas to dry sea shell waste to produce fertilizer, improve the quality of gas for further pipeline transportation, and also for direct use in the production of cement after the process of gas purification from impurities.

As a result of a thorough and structured bid evaluation and negotiation process, in February 2002, on the basis of the highest rated bid, a 20-year PPP contract was signed and approved by the City Council.

According to the approved structure of the PPP project, the city continues to manage waste disposal (garbage dump). Construction 2.9 km. The pipeline was carried out by a private party to the project to collect and transfer gas from a waste disposal site to a nearby agricultural complex by building a power plant between them for combined production of electric and thermal energy.

A competitively selected private company selected by the City has designed, financed and constructed a combined heat and power plant that uses landfill gas as a feedstock to produce electricity (7.4 MW per year) that is supplied from 4 to 5 thousand residential buildings.

The sale of electricity for utility needs is carried out by BC Hydro, the private partner of the project. The construction of the power plant was completed in September 2003, in November of the same year the facility was fully commissioned and began to operate at full capacity. (The initial load was 5.55 MW/yr and increased to 7.4 MW/yr after the fourth generator came online at the end of 2004).

The secondary heat released during power generation, which is then converted into hot water, is sold by a private partner to a large 32-acre tomato greenhouse complex for heating purposes. Using landfill gases in this way, more than recycling them by incineration, contributes to the reduction of carbon dioxide emissions into the atmosphere, and can be equivalent in quantitative terms to the removal of 6,000 cars from the roads and highways of Canada.

Distribution of risks. The City of Vancouver, represented by the city government, does not provide any payments to the private partners involved in the project, but guarantees the supply of landfill gases for 20 years under the contract. The city thus accepts the risk of limiting the supply of the project, but at the same time minimizes this risk by retaining responsibility for managing the gas collection system.

The total investment in the project by private partners amounted to about 10 million dollars. The private partners of the project signed an agreement on the purchase of electricity with BC Hydro and a twenty-year agreement on the sale of thermal energy with the owner of the greenhouse complex. Proceeds from the sale of electricity go to the private partner minus 10% payments to the city. The city's current operating costs for the extraction and production of landfill gases are about $250,000 per year, and payments received from the sale of electricity and hot water by the private partner are about $400,000 per year.

ADVANTAGES

The private sector has the knowledge and technology, often lacking in the public sector, to turn waste into energy on a commercial basis. Socio-economic benefits a) The project will help create additional jobs (about 300). b) Vancouver will receive up to $300,000 per annum from the project to help recover ongoing operating costs. c) The PPP project has transformed a costly environmental program into a more efficient program and created an additional source of income for the city.

Benefits for the environment a) The project contributes to the reduction of greenhouse gas emissions by approximately 200,000 tons per year, which corresponds to the carbon dioxide emissions of approximately 40,000 vehicles. b) The project contributes to the production of about 500,000 GJ of energy per year, which corresponds to the electricity needs of 3,000 to 4,000 households. c) The project will help reduce the annual use of natural gas CanAgro by almost 20%.

Efficiency. The PPP project is a model effective use for commercial purposes such products of the process of natural decomposition of organic waste, such as methane, while providing economic and environmental benefits to society. Possibility of applying the model in other countries

Israel Highway Project

Highway 6, also known as the Trans-Israel Highway, runs 300 kilometers through eastern Israel from Beersheba to the Galilee in the north. The central section of the highway, named after Yitzhak Rabin, stretches for 86 km (from Hadera to Gedera), connecting the northern and southern regions of the country. This section of the road was built by the Derech Eretz Group and is equipped with a modern electronic system fare payment.

Highway No. 6 is the main highway connecting the central, northern and southern regions of the country and serves as an alternative to the existing Highways No. 4 (Geha Road) and No. 2 (the Coastal Road). Highway 6 is also a central junction that offloads heavy traffic in the central region of the country and ensures minimal pollution in the Tel Aviv area.

The Highway 6 project is the largest road infrastructure development project in the history of the state, with a total cost of $1.3 billion.

Main contributors The private sector is represented by the Derech Eretz Group, which has entered into an agreement with the state for the construction and full management of the road section. The private sector subcontractors for the project are Africa-Israel, CHIC-Canadian Highways and Housing and Construction Limited. Private sector firms such as Raytheon and Transdyn provide the equipment and management of electronic access systems. The combination of the two companies provided the integration of the Transdyn traffic control system and automated system Raytheon fare collection, which is not only a technological breakthrough in this area, but also an innovative public-private partnership initiative.

Upon completion of construction, the motorway will have 14 interchanges, 94 bridges and 50 bypass channels. Also, the motorway will be equipped with two additional 500-meter tunnels in the Hadid area. 100 km of auxiliary country roads and 44 km of bypass roads will be integrated into the motorway project.

The highway has a control and management center located in the interchange area of ​​the city of Nachshonim. The project will employ 1,700 production and about 10,000 auxiliary workers.

The cost of paid services The pricing scheme for Highway 6 is based on the number of route segments the driver traveled in one trip. Each segment is defined by the travel distance between two junctions, and as of March 2010, the fare for three segments of the road was 17.40 NIS, for four segments 21.94 and for five or more segments 24.84. The fare on the motorway is differentiated depending on the type of vehicle and is different for motorcycle and truck drivers. The indicated prices apply to drivers who are registered in the system of motorway No. 6 and who have installed a special transponder (vehicle registration sensor) before using the services of the toll motorway. If the vehicle is not equipped with a transponder, its identification is carried out by scanning the license plate. If the license plate is not included in the database of the highway system, the invoice for using the highway services is sent to the name of the owner of the vehicle, which is in the database of the Israeli Ministry of Transportation. The cost of toll motorway services for such users is 40-80 percent higher than for registered users with transponders.

Highway financing Debt capital The Highway 6 Agreement is one of the largest and second largest financial agreement project in Israel. The contract, based on the BOT (build-operate-transfer) model, was concluded in October 1999 and assumed 90% debt and 10% equity. The motorway was completed in less than five years. In May 2004, the facility was commissioned and opened for use. Borrowed funds provided by Hapoalim Bank in the form of a syndicated loan in new Israeli shekels, equivalent to US$850 million, and Tyco Group in the form of promissory notes in the amount of US$250 million. The syndicated loan in New Israeli Shekels consists of two tranches, including 6.5% per annum for a period of 28 years, and repayment of 29% of the principal loan after 20-21 years. The syndicated loan was made national banks and the Israel Pension Fund. The euronote issuance program is conditioned by the rating of BBB Standard & Poor's. Before concluding a transaction, an adjustment to the fixed cost should be made in connection with possible adverse conditions in the current market. The term of the loan is 28 years.

Share of own funds 10% of the equity provided by the project sponsors, taking into account the current cost of construction, was contributed at the conclusion of a deal in the amount of $120 million of an interim short-term loan from the company Derek Eretz in the form of sponsored letters of credit. Income from letters of credit was used to pay for a bridging loan upon completion of the construction phase. As a result of compliance with various requirements and a 10-year period of restrictions imposed on dividends, equity companies involved in the project, was fully returned. In addition, project participants have committed to supporting Derek Eretz under a concession agreement.

BENEFITS Added value and responsibility of the private sector In March 2006, Derek Eretz's revenue was NIS 89 million, the number of registered motorway toll users reached 500,000, the number of individual motorway service users reached 1.36 million, the number of commuter route users increased to 21 million,

Public-private partnership - 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 partner, on the other hand, carried out on the basis of a public-private partnership agreement, in order to attract private investments, ensuring the availability and improving the quality of goods, works, services, the provision of which to consumers is due to the powers of state authorities and local governments.

The use of public-private partnership (PPP) mechanisms is currently becoming widespread in the Russian Federation.

PPP includes a number of forms of cooperation that allow the state and the private sector to reap mutual benefits.

PPP refers to the innovative methods used by the public sector to contract with the private sector, using its capital and managerial capacity to implement projects in accordance with the established time frame and budget. The public sector remains responsible for providing these services to the population in a beneficial way and has a positive impact on economic development and improving the quality of life of the population.

PPP is considered as specific projects implemented jointly by state bodies and private companies at federal, regional and municipal property.

The Ministry of Economic Development of Russia signed an agreement with CJSC TRANSPROJECT Group on cooperation in the field of PPP

5 February 2015

Ministry of Economic Development of the Russian Federation represented by the Minister of Economic Development of the Russian Federation A.V. Ulyukaev and CJSC TRANSPROJECT Group represented by the Chairman of the Board of Directors V.V. Maksimova, on January 30, 2015, signed an agreement on cooperation in the field of export of engineering and consulting services for the preparation and support of investment projects implemented on the basis of a public-private partnership (PPP) mechanism to the CIS countries.

Within the framework of the agreement, the Ministry of Economic Development of Russia and CJSC TRANSPROJECT Group plan to exchange information necessary for the preparation and holding of joint events, as well as provide mutual expert, consulting and organizational assistance in the implementation of foreign economic projects of CJSC TRANSPROJECT Group, including those aimed at expanding export of products, services and objects of intellectual property and attraction of investments and technologies to the Russian Federation.

For the same purposes, the Ministry of Economic Development of the Russian Federation will provide assistance in the implementation of activities of TRANSPROJECT Group CJSC within the framework of the relevant intergovernmental commissions on trade, economic, scientific and technical cooperation between the Russian Federation and foreign states.

The conclusion of an agreement on cooperation with the Ministry of Economic Development of Russia is an effective support for the active export activities of the TRANSPROJECT Engineering and Consulting Group (TRANSPROJECT Group) and its management company, CJSC TRANSPROJECT Group, in the markets of the CIS countries. TRANSPROJECT Group, as a consultant to state and municipal authorities (OGMU), over the past 10 years has successfully prepared and implemented dozens of major infrastructure projects in Russia and the CIS countries with a total volume of public and private investments of more than 1.7 trillion rubles, proving in practice the effectiveness and efficiency various models of partnership between the state and business.

Representatives of TRANSPROJECT Group have repeatedly been involved as expert practitioners to improve federal and regional legislation on public-private partnerships and concession agreements in the Russian Federation, the Republic of Kazakhstan, the Republic of Belarus and the Republic of Moldova.

In 2014, TRANSPROJECT Group, commissioned by the European Union and the United Nations Development Program, acted as the National Consultant of the Government and the National Assembly of the Republic of Belarus on training in the field of public-private partnership.

Public-private partnership (PPP) is a set of forms of medium- and long-term interaction between the state and business to solve socially significant tasks on mutually beneficial terms.

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. A broad interpretation implies that PPP is a 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 a narrow (economic) interpretation are the following:

the parties to the PPP are the state and private business;

the interaction of the parties is fixed on an official, legal basis;

the interaction of the parties is equal;

PPP has a clearly defined public, public orientation;

in the process of implementing projects based on PPP, resources and contributions of the parties are consolidated, pooled;

financial risks and costs, as well as the results achieved, are distributed between the parties in predetermined proportions.

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;

government contracts;

lease relations;

financial lease (leasing);

public-private enterprises;

production sharing agreements (PSAs);

concession agreements.

In Russia in 2004, seven main types of concession agreements were considered. However, in connection with the inclusion in a number of international treaties of the Russian Federation of certain provisions from the documents of the International Bank for Reconstruction and Development (World Bank) and preparations for accession to the WTO in Russian legislation other terms were included that characterize other types of concession agreements.

For 2012, Russian law provided for the following 3 forms (types of contracts) of PPP:

Management contract and lease agreements;

Contract for operation and maintenance;

Concession.

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

In Russia, the concept of PPP for the first time in the legislation appeared in the Law of St. Petersburg dated December 25, 2006 No. 627-100 “On the participation of St. Petersburg in public-private partnerships”. To date, such laws have been adopted in 69 constituent entities of the Russian Federation, but most of them are declarative documents. In addition to regional acts, the scope of PPP is also regulated by the Federal Law of July 21, 2005 No. 115-FZ “On Concession Agreements” and the Federal Law of April 5, 2013 No. 44-FZ “On the Contract System in the Procurement of Goods, Works, and Services to Ensure state and municipal needs. To some extent, PPP is regulated by the Federal Law of the Russian Federation of July 22, 2005 No. 116-FZ “On Special Economic Zones in the Russian Federation” (providing benefits to businesses in a certain territory is also a variant of PPP in the broad sense). However, all these legal acts do not cover all possible forms of PPP.

Of the above types of PPPs, only three are fixed in Russian legislation (BOT, BTO, BOO). Nevertheless, PPP in Russia works even without a developed legislative framework: at the beginning of 2013, about 300 such projects were launched and implemented in Russia.

The federal law on PPP in Russia has been discussed since the mid-2000s, but its first version was prepared only by June 2012. The second version of the law appeared after 4 months. On March 13, 2013, the Government submitted to the State Duma the third version of the draft law “On the Fundamentals of Public-Private Partnership in the Russian Federation”. In previous editions, housing and communal services and defense facilities were excluded from the scope of the law. Now there are no such restrictions. Among the innovations, the introduction of a single tender for the entire PPP project (instead of separate tenders for each type of work) is also noted, as well as, on the contrary, the abolition of the tender for the transfer of land plots necessary for the construction of a PPP facility. A generally accepted definition, as well as a federal law on PPP, does not exist today. On April 26, 2013, the State Duma adopted in the first reading bill No. 238827-6 "On the Foundations of Public-Private Partnership in the Russian Federation", which defines the foundations of public-private partnership. The second reading is scheduled for the autumn session. However, Russia has already concluded a number of international treaties that provide for the principles of public-private partnership, and in accordance with the provisions of paragraph 4 of Article 15 of the Constitution of the Russian Federation, such provisions take precedence over Russian laws.

The development of PPP in Russia is hampered not only by the lack of developed legislation. Equally important is the lack of long-term financing mechanisms. Russian business (in particular, banks) is not ready to participate in long-term projects (PPP agreements are usually concluded for 10-50 years). Now most of the large PPP projects are being implemented in the "manual control" mode. Thus, the construction of the Western High-Speed ​​Diameter became possible only after the intervention of Vladimir Putin.

In 2007, the Development Bank was established on the basis of the 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 Directorate of Vnesheconombank is a structural subdivision of the Development Bank.

In world practice, specialized non-governmental organizations involved in the methodological support of PPP projects and the development of the infrastructure investment market as a whole appeared in the early 2000s. PartnershipsUK in Great Britain can be considered the first, then similar centers appeared in South Africa, Australia (Victoria), etc. The emergence of PPP development centers was preceded by state structures that carried out the functions of methodological support and development of primary regulatory framework in the field of PPP. Most PPP development centers are responsible for developing feasibility studies and drawing up plans for the implementation of PPP projects, as well as providing further consulting support for PPP projects. Some centres, such as Parpublica and PartnershipsBC, assist ministries in developing business plans and conducting value for money analyses. Others, such as MAPPP, Paptnerships SA, and South Africa PPPUnit, deal exclusively with the analysis of documents and feasibility studies for PPP projects written by government organizations.

By analogy with foreign centers for the formation and development of the PPP market in Russia, the Center for the Development of Public-Private Partnerships was established. The PPP Development Center publishes the electronic journal "Public-Private Partnership in Russia", established the first PPP-institute, actively participates in legislative and other activities to establish and improve public-private partnership in Russia.

In No. 1 of the PPP-Journal (February 2013), the PPP-Start rating was published, which characterizes the readiness of the subjects of the Russian Federation to build public infrastructure facilities with the involvement of private investors on the principles of PPP. The “readiness of a constituent entity of the Russian Federation to implement PPP projects” refers to the fulfillment of a number of conditions that provide a favorable climate for the implementation of investment projects based on PPP principles.

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:

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 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

Public-private partnership in Moscow

In Moscow, unlike most other subjects of the Russian Federation, there is no law on PPP of its own. According to the mayor of the capital, Sergei Sobyanin, it is not planned to be adopted in the future, since the existing regulatory framework is sufficient for work. However, Moscow is now in 13th place in the PPP Start regions ranking.

PPP projects in Moscow

According to the PPP scheme, the Myakinino metro station was built, and the construction of the Moscow-St.

A landmark PPP project in Moscow will also be the Solntsevo-Butovo-Vidnoye road in the territories annexed in the summer of 2012. The developer MDGroup, who is building a microdistrict in Butovo, will participate in its implementation. Together with private investors, it is planned to build a northern understudy of Kutuzovsky Prospekt, as well as reconstruct 63 city hospitals.

Earlier, another major PPP project in the healthcare sector was implemented in Moscow. Deal of the Medsi clinic network, controlled by AFK Sistema, with the Moscow government. In 2012, in exchange for a 25% stake in the combined company, the Moscow government transferred 5 clinics, 3 hospitals and 3 sanatoriums to Medsi. ApaxPartners, an American investment fund specializing in medical assets, and RDIF were also invited to participate in the deal, which will jointly invest about 6 billion rubles in the development of the network. The participants' shares will be distributed as follows: AFK Sistema will receive half, the Moscow government will receive a quarter, and ApaxPartners and RDIF will receive one-eighth each.

Another example of cooperation between the Moscow authorities and business in the field of medicine is the program of opening private medical clinics on the first floors of buildings owned by the city.

Public-private partnership in Ukraine

In October 2010, the Law of Ukraine "On Public-Private Partnership" came into force - a law that reflected the point of view of the Ukrainian state on 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. 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 partnerships in Ukraine can be found on the Ukrainian page/

Sectors of application of public-private partnership

It is important to identify the most priority sectors for the application of PPP for each country and region. Attracting investments in all sectors of the economy at once in full is almost impossible, besides, there are those sectors that need to be invested in the first place. In addition, the sectors in countries with different levels of economic development, in which, according to the government of the country, it is necessary to invest through the involvement of the private sector, differ significantly.

The relevance of PPP is also determined by the fact that at present in Russia concession agreements are used mainly in housing and communal services, in the construction of roads, railways and ports. However, PPP can be effectively used in other industries as well. At the stage of formation of the concession legislation, the development of new methods of relations between the state and business in Russia, an important point is the identification of all priority sectors for the development of partnerships.

To create a detailed industry picture that reflects the possibility of using PPP in the economy of the Russian Federation, it is necessary to analyze the foreign experience of PPP.

An analysis of such experience in the use of PPP in countries with different levels of socio-economic development, implemented using the concession form of PPP, showed that such partnerships are successfully used in transport (roads, railways, airports, ports, pipeline transport) and social infrastructure (health, education, entertainment, tourism), housing and communal services (water supply, electricity supply, water treatment, gas supply, etc.), in other areas (prisons, defense, military facilities). At the same time, transport infrastructure is leading, followed by social infrastructure by a small margin.

If we analyze the use of PPP by country, then depending on the level of socio-economic development of the country, the picture will change. Thus, compared with the overall picture in the G7 countries (USA, UK, Germany, Italy, Canada, France, Japan), transport infrastructure projects are far from being in first place. In the G7 countries, health care is in 1st place (184 out of 615 projects), education is in 2nd place (138 projects), and roads are in 3rd place (92 projects).

An analysis of foreign experience in the use of PPPs showed that each of the G7 countries has its own top-priority industry for the use of PPPs. Thus, in the USA, such an industry is roads (32 out of 36 projects), in the UK - healthcare (123 out of 352 projects) and education (113 out of 352 projects), in Germany - education (24 out of 56 projects), in Italy, Canada and France - healthcare.

Thus, we can draw the following conclusion: in those countries that are characterized by the presence of market economy, a high level of labor productivity and the level of consumption of GDP per capita, where the state guarantees a high level social protection, where life expectancy is high and there is a high quality of medical care and education, PPP is used more often in the health and education sectors, which is dictated by government policy.

In other developed countries (Austria, Belgium, Denmark, Australia, Israel, Ireland, Finland, Spain, Portugal, Greece, South Korea, Singapore) in 1st place in terms of the number of PPPs used is the industry associated with the construction and reconstruction of roads (93 projects), followed by healthcare (29 projects), education (23 projects) and accommodation facilities by a very significant margin ( 22 projects).

Thus, there is a correlation between the level of development of the country and the industry that is chosen to attract investment in it with the help of PPP. Due to the high level of socio-economic development of the G7 countries and other developed countries, the priority of healthcare and education sectors is also determined by the policies of these states and their socio-economic development.

On the contrary, in developing countries and countries with economies in transition, these sectors (with the exception of roads) will not be a priority. Given the lower level of economic development in these countries, transport infrastructure, namely the construction and reconstruction of roads, ports, railways, etc.

Thus, in countries with economies in transition (37 out of 915 projects) - countries of Central and Eastern Europe (Bulgaria, Czech Republic, Hungary, Croatia, Poland, Romania); Baltic countries (Latvia); the CIS countries (Ukraine), the sectors "Health" and "Education" are already far from the 1st place in the use of PPP - roads, the construction of bridges and tunnels, light ground metro, airports are in the lead. In countries with economies in transition, they are given first priority, and funds are invested in them.

In developing countries (22 out of 915 projects) - India, Brazil, Chile, Hong Kong, Mexico, Saudi Arabia, United Arab Emirates, as in the previous group of countries, roads are in 1st place in terms of the number of PPPs, in 2nd place - airports, prisons and water treatment plants. This distribution primarily reflects the interest of countries in the development of these industries (individual for each type of country), since PPP allows you to attract private sector investment, reduce public sector costs, and distribute risks between partners.

In a number of Eastern European countries in the late 1990s and early 2000s, in connection with preparations for accession to the EU, PPP methods began to be actively used in the transport infrastructure sectors and in the urban economy. Projects to attract private investment in the expansion of the highway network, the modernization of ports and airports are being implemented on the basis of structural assistance from the EU.

Moreover, the specific experience turned out to be ambiguous: along with successful ones, there were also cases of problematic, not always successful solutions.

An example of an effective PPP project is the expansion and modernization of the international airport in Warsaw. More than 85% of passengers on international flights used the Warsaw airport, which required almost doubling the airport's passenger and cargo turnover in a relatively short period of time. Without attracting private capital and know-how, it would be impossible to implement such a project.

According to the results of an open European competition, the German company Hochtif AG acted as a private partner of the project, having developed a special PPP financing model for airports in Central and Eastern Europe. A consortium was formed (general contractor - "Hochtif Airport GmbH"), which, as partners, included small and medium-sized enterprises from Poland and Germany. Private funding was provided by a consortium of banks led by AO Citibank. The recipient of the loans and the state partner of the project was the Polish Airports PPL agency.

The cost of the project amounted to 153.4 million euros, up to 80% of its financing (according to the cash-flow model) came from the private side. The state-owned Polish airline, LOT, was included in a private loan guarantee agreement and an airport use agreement. The successful completion of the work contributed to the fact that in the future the general contractor took part in the reconstruction projects on the principles of PPP of the airports in the cities of Dusseldorf, Hamburg and Sydney.

Often there are examples of inefficient PPP projects due to miscalculations on the part of the state.

For example, a problematic infrastructure project was implemented in the Czech Republic. Attracting private investment in this country is carried out according to the British model of private financial initiative (PFI). The Czech experience illustrates the potential risks and challenges faced by an inexperienced and ill-prepared public partner. For the construction of a segment of the strategically important autobahn D47 with a length of 80 km, a foreign private developer proposed a project that at first glance was attractive and received a contract with virtually no competition.

The team of the public partner, not having sufficient PPP experience, was unable to adequately assess the intentions of the private contractor, who, as practice showed, was not very eager to implement the project. The financing structure he proposed ultimately boiled down to shifting all the risks to the state. As a result, the Czech government was forced to terminate the project and pay a significant penalty.

The project for the reconstruction of Germany's largest airport in Frankfurt am Main was recognized as a successful model for effectively combining the interests of public and private partners. The project assumed a preliminary stage of privatization - the issue of shares, 29% of which were sold on the stock exchange (similar to "people's IPO"). The rest of the shares were held by the state of Hesse (32.1%), the city of Frankfurt (20.5%) and the state (18.4%). Fraport JSC, formed in this way, deliberately retained control of public investors. At the same time, the JSC is a private shareholder of other German airports, i.e. the private side of partnerships in them is represented by a structure with predominantly state participation.

Currently, budget financing of the development of transport infrastructure is carried out in two ways: first, directly - for large projects (for the reconstruction of highways and airports); secondly, indirectly - through the state infrastructure development fund.

Application of public-private partnership in Russia

Currently, the Government of the Russian Federation considers as priority areas for PPP:

Development of production and transport infrastructure;

Department of Housing and Utilities;

Health and Social Services;

Financing of scientific research with prospects for commercialization;

Development of innovation infrastructure.

At the same time, in Russia, the risks of miscalculations by both public and private partners in PPP projects are obviously very high. There has already been a trend towards a strong rise in the cost of projects in comparison with their initial cost. The rate of appreciation can reach 20% per year, and the reasons are not only in simple mistakes and miscalculations of the authors, but also in quite objective circumstances - the constant rise in prices for raw materials, materials, services. World experience shows that the only way out of this situation is to attract private capital, which means creating more attractive conditions for it compared to ordinary commercial activities.

Nevertheless, in Russia there is a large-scale potential for the development of many forms of PPP, but for its practical implementation it is necessary to solve a number of fundamental issues.

First, both sides of the partnership should clearly understand that an effective PPP cannot be viewed only as attracting additional resources to capital-intensive projects of authorities at all levels. It is necessary to take into account the real interests of both parties. Specific partnership mechanisms developed by world experience create the basis for a mutually beneficial responsible distribution of the powers of the parties, which does not infringe on the interests of each of them. However, the possible benefits are not realized by themselves, after the adoption of the relevant regulatory package. It is necessary to understand the peculiarities of the Russian model of interaction between the state and business.

An effective partnership is real only if the strategy for the further development of the country is completely clear and predictable. Without this, without confidence in the stability of the "rules of the game," nothing can be expected from business except ostentatious interest and formal participation in large-scale government projects for the purpose of self-preservation. In this case, the factor of effective entrepreneurship may be lost.

Secondly, significant progress is needed in the understanding and practical implementation of the public law functions of the state. So far, Russian legislation does not specifically single out public law functions and does not establish a connection between them and public property. The construction of law is such that public law functions are implemented either administratively or through civil law functions. It is impossible to organize on this basis the distribution of powers between the parties to the partnership. Countries with developed market economies have accumulated extensive experience in successfully searching for answers to the "paradoxes of public goods", which, taking into account domestic specifics, can also be used in Russia.

Providing state support in the implementation of investment projects of national importance and carried out on a PPP basis is the goal of creating the Investment Fund of the Russian Federation. In accordance with the Regulations on investment fund RF, the following forms of providing state support in the framework of the implementation of PPP projects are possible:

Co-financing on contractual terms of an investment project with the registration of property rights of the Russian Federation, including financing the costs of managing the investment project, as well as financing the development of project documentation;

Direction of funds to the authorized capital of legal entities;

Provision of state guarantees of the Russian Federation for investment projects, as well as other methods provided for by budgetary legislation to ensure obligations that are within the competence of the Government of the Russian Federation. State guarantees are provided to commercial organizations participating in an investment project in favor of credit organizations, including credit organizations with foreign investments;

Transfer of part of the risks to a private investor. The idea of ​​PPP allows you to correctly share the risks between the parties to the agreement.

When implementing state support for the private sector in a PPP environment, one should take into account the problem of determining the optimal share of investor participation in profits and in the total investment, regardless of the industry of the project. It needs to be established that:

each participant in the project independently sets goals for himself and determines the interests in accordance with which he evaluates the profitability of the project (as a rule, this is the profit that the participant expects to receive from investing);

the project developer should, if possible, understand the goals and interests of the participant and justify the benefits of his participation in the project by those indicators that reflect these goals and interests better. In this case, the investor's share in capital costs can range from 0 to 100%.

The formation of incentives for investment activity should be based on the creation of opportunities to achieve maximum profitability. Investors need not temporary incentives, but long-term guarantees of return on invested capital. If this is not the case, then the growth of entrepreneurial risk leads to a reduction in the investment proposal and the "flight" of capital from the country. In turn, in exchange for the provided legal guarantees of stability, the state can insist on new forms of control, on transparency of reporting.

In order to attract investors in investment projects implemented under the PPP scheme, the state may apply measures to stimulate the investor (subsidies, subventions, direct reimbursement of investment costs, etc.) to ensure the required return to the investor. At the same time, it is important to take into account that the state, when concluding an agreement with an investor, is guided not only by purely entrepreneurial, "business" motives, but also by public interests, socially necessary goals, public utility, which often require deviation from market, private law criteria of state behavior.

Thus, a new mechanism for attracting investments has been launched in Russia and a dialogue between the state and business has begun. The state is ready to provide financial assistance to PPPs, as well as to take on some of the risks. There remains a need to ensure that the choice of options for financing and implementation of projects by the public sector is carried out at a highly professional level, since Russian PPPs will have to compete with PPPs already operating in the global market.

KRASNOYARSK INSTITUTE OF ECONOMICS
ST. PETERSBURG ACADEMY
MANAGEMENT AND ECONOMICS (KNOU VPO)

Faculty: "Economics and Management"

Specialty: "State and municipal government»

TEST

By discipline: Strategic territorial planning

Topic: "Forms of public-private partnership"

Completed by: 5th year student,

5-1336/5-3 groups

Ryabtseva E.N.

Checked by: Shadrin A.I.

Krasnoyarsk, 2010

Introduction

1.Basic principles and concepts of public-private partnership

2. Models, forms and mechanisms of public-private partnership

3. Development and implementation of public-private partnership

Conclusion

List of used literature

Introduction

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 public-private partnership (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.

Among experts, there is no consensus on what forms of interaction between government and business can be attributed to PPP. A broad interpretation implies that PPP is a 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 a narrow (economic) interpretation are the following:

The parties to PPP are the state and private business;

The interaction of the parties is fixed on an official, legal basis;

The interaction of the parties is of an equal nature;

PPP has a clearly defined public, public orientation;

In the process of implementing projects based on PPP, resources and contributions of the parties are consolidated, pooled;

Financial risks and costs, as well as the results achieved, are distributed between the parties in predetermined proportions.

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.

Public-private partnerships are a key component of Russia's new innovation policy because, if done right, they deliver greater benefits from investment in government research, creating favorable conditions for sustainable innovative development, which is a strategic factor in economic growth.

1. Basic principles and concepts of public-private partnership

Public-private partnership in the system of institutions for the development of the modern economy. In recent years, in many countries of the world, organs government controlled are increasingly attracting private business, its funds and organizational capabilities to solving strategically important tasks for the country and its regions through the mechanism of the so-called public-private partnership (PPP). Russia is no exception.

Public-private partnership is a combination of tangible and intangible resources of society (state or local government) and the private sector (private enterprises) on a long-term and mutually beneficial basis to create public goods (improvement and development of territories, development of engineering and social infrastructure) or the provision of public services (in the field of education, health care, social protection, etc.).

It can be said that PPP is an institutional and organizational alliance between the state and business in order to implement socially significant projects and programs in a wide range of industries and innovations.

Public-private partnership makes it possible to avoid, on the one hand, the shortcomings of direct state regulation, and, on the other hand, "market failures". The main argument in favor of PPPs is that both the public (public) and private sectors have their own unique characteristics and advantages, which, when combined, create the opportunity to operate more efficiently and achieve better results in precisely those areas where “market failures” are most noticeable. "or the inefficiency of public administration - as a rule, this is the social sphere, environmental problems, the creation of infrastructure.

The public-private partnership performs the following characteristic functions:

1) meets the needs of the public sector by using or borrowing resources from the private sector;

2) supports public powers and functions, while providing services jointly with the private sector;

3) consists of two or more parties working to achieve common goals. PPP participants can be local and state governments, commercial enterprises and non-profit organizations (for example, local communities, service clubs, social service organizations or interest groups) that:

share powers and responsibilities;

operate on an equal footing

share time and resources;

share investments, risks and rewards;

maintain relationships for a certain period, and not for the implementation of one transaction;

Have a clear agreement, contract or other "legal document.

In a strict sense, PPP institutionally transforms areas of activity traditionally under the jurisdiction of the state.

Partnership relations between the state and business require the coordination of the interests of these two main institutions of modern society and economy. The state is interested in increasing the volume and improving the quality of services provided to the population and economic agents by infrastructure and socially oriented industries. The private sector seeks to consistently earn and increase profits. Moreover, a strategically thinking business builds its priorities, first of all, not just according to the size of profits, but in the interests of sustainable receipt of income from projects. At the same time, both parties are interested in the successful implementation of projects in general.

Each of the parties to the partnership contributes to the overall project. So, on the part of business, such a contribution is: financial resources, professional experience, effective management, flexibility and efficiency in decision-making, the ability to innovate, etc. The participation of the business sector in joint projects is usually accompanied by the introduction of more efficient methods of work, the improvement of equipment and technology, the development of new forms of organization of production, the creation of new enterprises, including those with foreign capital, and the establishment of effective cooperative ties with suppliers and contractors. The labor market tends to increase demand for highly skilled and well-paid occupations.

On the side of the state in PPP projects are the powers of the owner, the possibility of tax and other benefits, guarantees, as well as the receipt of certain amounts of financial resources. The state, as the dominant subject and the main regulator, has the right to redistribute, if necessary, resources from purely production programs to social purposes (education, health care, science, culture), and in many cases this not only contributes to the overall improvement of the socio-economic climate, increases the investment rating of the country, but and directly affects partner projects. Moreover, in PPP, the state receives more opportunity engage in the performance of their main functions - control, regulation, observance of public interests. Thus, as PPP develops in the field of infrastructure, the state can shift the focus of its activities from specific problems of construction and operation of facilities to administrative and control functions. And it is important in this regard that the inevitable entrepreneurial risks are redistributed in the direction of business. The social significance of PPP lies in the fact that society ultimately wins as a global consumer of better services.

Russia has yet to go through the most complex process of economic and legal qualification of numerous forms of PPP. At the same time, it is important to legally correctly assess the role of the state not only as the main regulator, but also as a representative and defender of public interests and needs, i.e. what is meant in the European legal tradition by public law, public interest, public service, public law property relations and public property. This category of relations does not fully fit into the norms of civil law. Meanwhile, it is the state and local governments that are called upon to protect public interests in such socially vulnerable areas as social and economic infrastructure, housing and communal services, etc., where PPP projects are most common.

2. Models, forms and mechanisms of PPP

In world practice, there are many different models, forms, types and specific options for implementing partnerships between the state and business. The accepted classifications of PPPs usually distinguish the following forms:

1. Contracts as an administrative agreement concluded between the state (local government) and a private firm for the implementation of certain socially necessary and useful activities. The most common in PPP practice are contracts for the performance of works, for the provision of public services, for management, for the supply of products for state needs, for the provision of technical assistance. In administrative contractual relations, ownership rights are not transferred to the private partner, the costs and risks are fully borne by the state. The interest of the private partner lies in the fact that under the contract he receives the right to a negotiated share in the income, profits or fees collected.