PPP facilities. Public-private partnership is a form of mutually beneficial interaction between the state and private business. Examples of

Public-private partnership, municipal-private partnership, regional public-private partnership project.

Yurieva Tatiana Vladimirovna

Public-private partnership projects in Russia and in foreign countries // Regional Economics and Management: Electronic Scientific Journal... ISSN 1999-2645... -. Article number: 4833. Publication date: 2016-12-12. Access mode: https: // site / article / 4833 /

Jur "eva Tat" jana Vladimirovna
Doctor of Economics, professor, Head of the Department of project and program management
Russia, The Russian Presidential Academy of National Economy and Public Administration
[email protected]

Abstract

The article deals with the mechanism of functioning of public-private partnership in the modern economy. Is analyzed the world practice implementation of projects on the principles of a-public-private partnerships. It's shown the main trends in the development of public-private partnership projects at the regional and local levels.

Public-private partnerships, municipal-private partnership, regional project of public-private partnership.

Jur "eva Tat" jana Vladimirovna

Projects of public-private partnerships at regional level. Regional economy and management: electronic scientific journal. ... Art. # 4833. Date issued: 2016-12-12. Available at: https: // site / article / 4833 /

TASS-DOSSIER. On March 2, 2017, the Ministry of Economic Development, which oversees public-private partnership (PPP) infrastructure projects, criticized the claims of the Federal Antimonopoly Service (FAS) to a number of major concession agreements.

In particular, the FAS annulled the results of an open tender for the construction of the Sterlitamak - Kaga - Magnitogorsk highway, citing the fact that this concession implied such a grant from the grantor, in which the investor did not actually bear his own expenses for the project.

What is PPP

Public-private partnership is a scheme for the implementation of investment projects (mainly in the field of infrastructure) on mutually beneficial terms for business and the state. The state receives a functioning facility, saving on financing its construction or reconstruction, entrepreneurs - earn money for the subsequent operation of the facility.

PPP can be implemented in various forms. Usually, a private company builds or reconstructs an object at its own expense, and then receives the right to operate it for a certain period of time at no cost (while the object formally remains in the ownership of the state). This form is called a concession.

However, there are other types of PPPs as well. For example, a constructed object may remain in the ownership of a construction company for some time; or after the commissioning of the facility, the private partner can receive subsidies from the state for the operation of the facility, or vice versa - transfer to the state part of the funds received from its operation. The legal mechanism of concessions and PPPs is not spelled out in the Civil Code of the Russian Federation.

The basic documents for them are the law "On concession agreements" dated July 21, 2005, as well as "On public-private partnership, municipal-private partnership in the Russian Federation" dated July 13, 2015. However, some of the PPP projects were also implemented in other legal framework, for example, on the basis of the law "On the state company" Russian highways "(July 17, 2009) or on local legislation. One of the first to adopt its own laws on PPP was St. Petersburg (in 2004) ...

Grantor's fee

According to the Russian law "On concession agreements", the grantor (in this case, the contracting state) can pay a certain amount to the partner participating in the concession agreement. This mechanism is required for the implementation of projects with low investment attractiveness, for example, social facilities where the concessionaire will not be able to earn money after their commissioning.

According to the amendments to the law on concessions that entered into force on July 1, 2015, it was allowed to conclude agreements in which the concessionaire simultaneously receives the grantor's payment and collects a fee for the use of the finished object. This was previously prohibited. The law does not stipulate threshold values ​​for the size of the grantor's fee. However, the FAS believes that contracts under which all costs for the construction and operation of the system will be reimbursed by the state are a violation of the public procurement law.

Completed projects

For the first time, a PPP scheme in modern Russia was implemented during the construction of a modern aeration station in Moscow Yuzhny Butovo. It was built in 1998 by the German company SHW Holter Wassertechnik. The company owned the station for 12.5 years and received funds for its operation, and then transferred it to the city.

Among the most famous projects implemented or under construction under a concession or PPP scheme in Russia: toll highways Western High-Speed ​​Diameter in St. Petersburg, the Moscow-St. Petersburg highway, and the Platon truck toll system.

Statistics

In total, according to the Unified PPP Information System (www.pppi.ru), as of March 2017, 1,340 public-private partnership projects were registered in Russia, of which 426 were successfully implemented (put into operation).

Most of the current PPP projects have been created in the communal sector - 901. In the energy sector - 133, transport - 81, the rest of the projects - in the field of social infrastructure.

The total volume of private investments in PPP is 700 billion rubles, of which 440 billion are directed to regional projects.

Criticism

On March 1, 2017, in an interview with reporters, the head of the FAS Igor Artemyev said that a number of PPPs in Russia are "an imitation of a concession", since all expenses of the concessionaire are compensated from the budgets by the payment of the grantor, while the private company does not invest its own funds.

As Rachik Petrosyan, Deputy Head of the Federal Antimonopoly Service, explained to TASS, PPP can be used as a mechanism to bypass public procurement. It is for this reason that the FAS in January 2017 canceled the results of the competition for the construction of the Sterlitamak - Magnitogorsk road. Answering the question whether the concession under the Platon system falls within this definition and whether it will be revised, the head of the FAS said that the department could "look at it too."

Criticizing the glory of Artemyev, Deputy Minister of Economic Development Stanislav Voskresensky said that such statements by the FAS pose a threat to the entire PPP mechanism. Rostavtodor stressed that the approach of the antimonopoly service "blocks the launch of new projects in the transport sector."

In the economies of many countries, a special form of relations between commercial enterprises and authorities has appeared. To denote this interaction, the concept of public-private partnership is used. Let's consider it further in detail.

General information

The state and private business form an alliance for the implementation of projects of public importance in a variety of areas of activity. The interaction between the authorities and commercial structures has now reached a new level. Currently, it is enshrined at the legislative level in 224-FZ. This relationship may well be seen as an essential feature of a mixed economy.

Peculiarities

The development of public-private partnerships contributes to the formation of basic models of financing, management methods, relations related to property. In this process, a set of issues related to the redistribution of powers acquires fundamental importance. They arise as an inevitable consequence of the expansion of interactions between commercial structures and government. A number of experts believe that in many cases public-private partnership is to a certain extent privatization or its absolute alternative. This opinion, for example, is expressed regarding concessions. Meanwhile, it should be noted that public-private partnership is a truly institutional way of transforming the spheres of activity traditionally related to the conduct of power. However, at the same time, the instruments used in cooperation do not completely take them out of the scope of state regulation.

Redistribution of powers

Public-private partnership is a cooperation that involves the provision of not all legal possibilities, into which the sovereign right of the owner in the economic turnover is split, but only a certain part of them. We are talking about the right of management, changes in the capital value of material assets, the assignment of certain powers to other persons. There is a fairly extensive experience in the redistribution of legal opportunities between the government and commercial structures in the spheres of public services, namely, in the infrastructure sectors. They historically formed the tradition of transferring some basic powers to private business by the state. The authorities are responsible to society for the continuous flow of public goods. This is the reason for the desire to keep some industries in state ownership. At the same time, private enterprises are distinguished by high mobility and efficient use of resources. In addition, businesses tend to innovate. Public-private partnerships are a way to harness the benefits of both types of property without profound changes in society.

Government involvement

The state under any conditions remains a participant in public law relations. This circumstance is also key for civil legal relations, in which power as a sovereign is not an ordinary subject of law. In this regard, one cannot talk about the initial equality of the private and public partners. It will come only if, on the basis of the sovereign rights of power in the agreement on interaction, the conditions and specifics of the implementation of civil legal relations are determined. In other words, the state will become a special entity. This is expressed primarily in the fact that the authorities themselves establish the legal framework in which all other participants must act. In addition, it retains its managerial, administrative functions, even if it enters into relations on the principle of equality. This is due to the presence of the authority to issue administrative acts. They, in turn, ignore the specified equality. Initially, it is assumed that the state enters into civilian circulation not to satisfy its own specific interests, but for the most effective implementation of public power.

Role of power

Projects approved under PPPs are not just a pool of resources. They are a very special configuration of the respective powers and interests of the interacting subjects. First of all, the state, acting as one of the parties to the partnership, is the bearer of socially significant goals and needs. At the same time, it also performs a control function. Secondly, being a participant in the economic turnover, the state is interested not only in high results of partnership, but also in ensuring its commercial effect. In addition, like any normal entrepreneur, a participant in such a relationship strives to maximize profits. In this regard, in the sector of commercial interests between the parties it is quite appropriate, and in some cases it is necessary to bargain on the division of probable risks, the nature of the transferred powers, the conditions for their provision and use.

Property relations

As international experience shows, the degree of participation of the authorities and commercial structures, the conditions for their combination may differ, and in some cases, quite significantly. Thus, organizations can act as a party to the agreement. As a rule, this is for the supply of products or the provision of services for state needs, for management, the provision of technical assistance, and so on. In this case, ownership is clearly separated. There are other forms in which such a public-private partnership is manifested. Examples of this are production sharing agreements and leasing agreements. Within the framework of interactions, a partial transfer of a number of ownership rights is possible. Typically, they include the ability to use, manage and own property. Such a partnership takes place at the conclusion. In addition, equity or joint-stock participation of the entrepreneur in state structures is provided. Public-private enterprises are an expression of a higher level of capital integration within the framework of cooperation between commercial organizations and authorities.

Key features

The structure and models of public-private partnerships are very diverse. However, there are a number of characteristic features that make it possible to distinguish this institution into an independent category. First of all, it should be noted that PPP is created as a formalized cooperation of commercial and state structures. Entering into such cooperation is aimed at achieving specific goals and is based on the relevant agreements of the participants. Analyzing foreign experience, the following features of partnership can be noted:

1. Defined, often lengthy contract periods. They can be 10-20 years, and in cases of concessions - up to 50. State contracts are formed for a specific object. For example, it can be a road, port, infrastructure. The execution of the order is limited to the exact date.
2. Specific types of program financing. The implementation of projects is carried out at the expense of investments of commercial organizations, supplemented by the resources of state funds. There is also a joint investment of capital of several participants.
3. Compulsory presence of competition. In such conditions, there is a struggle between potential participants for each contract or concession agreement.
4. Responsibility between the parties is distributed in specific forms. The state defines goals from the standpoint of public interest, establishes quality and cost indicators, and monitors the implementation of programs. At the same time, a commercial structure assumes responsibility for operational activities at various stages - development, financing, management, construction, operation, practical provision of services to users.
5. The risks between the parties are shared on the basis of agreements.

Contribution of participants

Commercial structures provide professional experience, financial support, effective management, efficiency and flexibility in the decision-making process, and demonstrate the ability to innovate. Within the framework of the partnership, innovative methods of work are being introduced, equipment is being modernized, and technologies are being improved. In the process of cooperation, new forms of production organization appear, companies are formed, including those with foreign capital, effective cooperation with contractors and suppliers is formed. At the same time, the demand for well-paid and highly qualified employees is growing in the labor market.

The state, in turn, provides certain powers of the owner, provides tax breaks, guarantees, financial and material resources. The authorities, within the framework of cooperation with commercial structures, are able to implement their direct functions - control, regulation, observance of the public interest. As the partnership develops, the state can smoothly shift the focus from specific problems of construction and operation of facilities to administrative and control tasks. The emerging ones are redistributed towards commercial structures. The social significance of the partnership is that as a result, society wins as a user of higher quality services.

Local cooperation

Public-private partnership programs are of particular importance in municipalities. Cities and towns bear the main burden on the implementation of socially significant tasks in various spheres of management. These areas, in particular, include transport, housing and communal services, nature protection, housing construction, gas and energy supply. The key problem faced by local authorities is the lack of funding. In this regard, raising capital from commercial structures, in accordance with 224-FZ, is becoming a common practice.

Administrative contracts

In world practice, various forms of cooperation between the government and commercial companies have been adopted. One of them is government contracts. They are administrative contracts that are concluded between a commercial organization and a governing body (federal, regional, local). The most common public-private partnership in the social sphere, in the supply of products for municipal or state needs, management, technical assistance. In administrative contracts, ownership is not granted to a commercial organization. In this case, the risks and costs are entirely borne by the state. The interest of the commercial entity is that, in accordance with the contract, it is entitled to a specified portion of the income or payments collected. As practice shows, such agreements allow not only to increase the prestige of the company, but also to get guaranteed preferences and benefits, sustainable profits and take a position in the market.

Leasing agreements

Within the framework of cooperation, transactions are widespread on the transfer of property that is in municipal or state ownership to a commercial structure for use for a certain fee. It can be a structure, building, premises, land plot. Lease in the traditional form assumes the return of the subject of the agreement. At the same time, the right to dispose of the property remains with the owner, and when the contract is concluded, the commercial structure is not provided. In some cases, an organization can buy out a structure, premises or land. Rent in the form of leasing always presupposes such a condition.

Concession

This form of public-private partnership is now becoming more widespread. The peculiarity of the concession lies in the fact that municipal or state bodies, within the framework of cooperation, remain the full owners of the property, authorize the commercial association to perform the functions stipulated in the contract for a certain period. For this, the firm is transferred the legal capabilities necessary to ensure the operation of the concession object. For the operation of the property, a commercial structure pays a fee in the manner and on the terms established by the agreement. In this case, the ownership of the product is transferred to the user.

Features of the agreement

The concession has the following features:

1. The subject is always municipal or state property. It can also be the monopoly activity of the state or the Ministry of Defense.
2. An authorized municipal or state agency acts as one of the parties to the agreement.
3. The purpose of the concession is to meet public needs.
4. The basis of the relationship is the agreement.
5. Concession assumes the return of the subject of the contract.

When concluding contracts, leasing agreements, the state or the municipality acts as a subject of civil law. Accordingly, the provisions of the Civil Code are sufficient for their effective work. In concession relations, the state is primarily an institution of public law. In this role, it not only transfers part of the powers to commercial companies, but also delegates a certain share of power functions. Such provision is allowed only in accordance with the regulation. Among the public-law signs of a concession, one should single out the consolidation of public interests in them, the representative of which is the state. According to the agreement, the commercial structure is obliged to obey them, that is, to ensure the continuity of the provision of services, equal tariffs, general availability, and exclude discrimination against consumers.

Areas of distribution of concessions

Such agreements are most popular in world practice in infrastructure industries. These sectors require intensive investment and an influx of highly qualified personnel. Currently, there are three main types of concessions:

1. For already operating objects.
2. For the construction or modernization of infrastructure.
3. Transfer of objects of municipal or state property to management.

Within the framework of these types, forms of concession agreements are possible, based on a different combination of powers, as well as permissible limits of specific investment and business activities.

Situation in Russia

In the Russian Federation, the normative act on concession agreements entered into force in 2005. However, at present, such cooperation has not been developed. According to experts, the main reason for this situation is insufficient protection of user rights. The risk that the commercial organization bears directly related to its activities under the agreement is compounded by the existing obligation to pay a high concession fee. At the same time, the penalty for violation of the terms of the agreement by the user is not established in the normative act. Discussions are ongoing on amendments to the law that could stimulate the emergence of concession relations in Russia.

Product sharing agreement

This form of relations between commercial structures and government agencies has some features of a concession. However, this agreement has a number of peculiarities. The differences are primarily in the configuration of property relations. The rights to the products created by the private partner remain with him. According to the agreement on the division of the results of activity, only a part of them remains for him. The procedure and conditions for the transfer of rights are stipulated by a special agreement.

Additionally

The most popular is public-private partnership in education. So, at present, work is underway to introduce the system. This form of PPP is being distributed in St. Petersburg and Moscow. It involves the involvement of manufacturing companies in the process of training highly qualified employees. At the same time, training is carried out without interrupting production activities.

Another common form of interaction is public-private partnership in health care. We are talking mainly about recreational facilities, the health resort sector. Over the past few years, the forms of public-private partnerships have been developing rapidly. Initially, concession agreements were used in the construction of parking lots, highways, and heat supply. Today, cooperation is becoming more and more widespread in the defense sector, the sector of transport services, and the cultural and educational sphere. When implementing programs, various mechanisms of interaction between the government and commercial organizations are used. They are differentiated in accordance with the scope of property rights, financial obligations of participants, principles of risk distribution, as well as responsibility for the performance of certain types of work.