TASS-DOSIER. March 2, 2017 Ministry economic development, which oversees public-private partnership (PPP) infrastructure projects, criticized the claims of the Federal Antimonopoly Service (FAS) to a number of large concession agreements.
In particular, the FAS annulled the results of an open tender for the construction highway Sterlitamak - Kaga - Magnitogorsk, referring to the fact that this concession implied such a fee for the concessor, at which the investor actually did not bear his own expenses for the project.
Public-private partnership - 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 on 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 gets the right to operate it for a certain period of time free of charge (while the object formally remains the property of the state). This form is called a concession.
However, there are other types of PPPs. For example, a constructed object may remain the property of the construction company for some time; or after the commissioning of the facility, the private partner may 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 fundamental 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 on other legal base, for example, on the basis of the law "On the state company "Russian Highways" (dated July 17, 2009) or on local legislation. One of the first own laws about PPP began to accept St. Petersburg (in 2004).
According to the Russian law "On Concession Agreements", the grantor (in this case, the contracting authority) may pay a certain amount to the partner party to the concession agreement. This mechanism is required for the implementation of projects with low investment attractiveness, for example, social facilities on which the concessionaire will not be able to earn money after they are put into operation.
According to the amendments to the law on concessions that came into force on July 1, 2015, it was allowed to conclude agreements in which the concessionaire simultaneously receives the concessor's fee and collects a fee for the use of the finished facility. Previously, this was prohibited. The law does not stipulate thresholds for the dimensions of the concessor'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.
For the first time, a PPP scheme in modern Russia was implemented during the construction of a modern aeration station in Moscow's 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 the concession or PPP scheme in Russia are the Western High-Speed Diameter toll highways in St. Petersburg, the Moscow-St. Petersburg highway, and the Platon truck toll system.
In total, according to the Unified information system PPP (www.pppi.ru), as of March 2017, 1,340 public-private partnership projects were registered in Russia, of which 426 were successfully implemented (brought to the operational stage).
The bulk of the current PPP projects have been created in the public utilities sector - 901. In the energy sector - 133, transport - 81, and the rest of the projects - in the field of social infrastructure.
The total volume of private investment in PPP is 700 billion rubles, of which 440 billion are directed to projects at the regional level.
On March 1, 2017, in an interview with journalists, the head of the FAS, Igor Artemiev, said that a number of PPPs in Russia are "imitation of a concession", since all the costs of the concessionaire are compensated from the budgets by the grantor's fee, while the private company does not invest its own funds.
As deputy head of the FAS Rachik Petrosyan explained to TASS, PPP can be used as a mechanism to circumvent public procurement. It is for this reason that the FAS in January 2017 annulled the results of the tender for the construction of the Sterlitamak-Magnitogorsk road. Answering the question of whether the concession under the Platon system falls under this definition and whether it will be revised, the head of the FAS said that the department could "look at it."
Criticizing the glory of Artemiev, Deputy Minister of Economic Development Stanislav Voskresensky said that such statements by the FAS pose a threat to the entire PPP mechanism. Rostavtodor emphasized 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 government has appeared. To designate this interaction, the concept of public-private partnership is used. Let's consider it further in detail.
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 government and commercial structures has now reached a new level. It is currently fixed on legislative level in 224-FZ. These relations can be fully regarded as an integral feature of a mixed economy.
The development of public-private partnership contributes to the formation of basic models of financing, management methods, and property-related relations. 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 authorities. A number of experts believe that in many cases public-private partnership is, to a certain extent, privatization or its absolute alternative. Such an opinion, for example, is expressed regarding concessions. Meanwhile, it is worth noting that public-private partnership is indeed an institutional way of transforming areas of activity that are traditionally the responsibility of the authorities. However, the tools used in cooperation do not completely take them out of the scope of state regulation.
Public-private partnership is a cooperation that involves the provision of not all legal opportunities that fall into the sovereign right of the owner in economic circulation, but only a certain part of them. It's about the right to control, change capital cost material assets, assignment of certain powers to other persons. Quite extensive experience in the redistribution of legal opportunities between the authorities and commercial structures is available in the areas of public services, namely, infrastructural sectors. They have 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 characterized by high mobility and efficient use of resources. In addition, commercial structures are prone to innovation. Public-private partnerships are a way to leverage the benefits of both types of ownership without profound changes in society.
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, it is impossible to talk about the initial equality of private and public partners. It will come only if, on the basis of the sovereign rights of power, the agreement on interaction determines the conditions and specifics of the implementation of civil legal relations. In other words, the state will become a special subject. This is expressed primarily in the fact that the authorities themselves establish the legal framework within which all other participants must act. In addition, it retains its managerial, administrative functions, even if it enters into relationships on the principle of equality. This is due to the presence of powers to issue administrative acts. They, in turn, ignore the specified equality. Initially, it is assumed that the state enters into civil circulation not to satisfy its own specific interests, but for the most effective implementation of public power.
Projects approved under a PPP 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 the high results of the partnership, but also in ensuring its own commercial effect. In addition, like any normal entrepreneur, a participant in such relations seeks 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 granting and use.
As shows international experience, the degree of participation of government and commercial structures, the conditions for their combination may differ, and in some cases very significantly. So, 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 rights are clearly separated. There are other forms in which such a public-private partnership manifests itself. 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. As a rule, they include the ability to use, manage and own property. Such a partnership takes place at the conclusion. In addition, an equity or shareholding participation of an entrepreneur in state structures is provided. Public-private enterprises are expressions of a higher level of integration of capital through cooperation commercial organizations and power.
The structure and models of public-private partnerships are very diverse. However, there are a number characteristic features, allowing to single out this institution in an independent category. First of all, it should be noted that PPP is created as a formalized cooperation between commercial and government agencies. 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:
Commercial structures provide professional experience, financial support, effective management, efficiency and flexibility in the decision-making process, and show the ability to innovate. The partnership is implementing innovative methods works, equipment is being modernized, 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, in the framework of cooperation with commercial structures, get the opportunity 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. Those that arise are redistributed towards commercial structures. The social significance of the partnership is that as a result, society benefits as a user of higher quality services.
Public-private partnership programs are of particular importance in municipalities. Cities and towns bear the brunt of the implementation of socially significant tasks in various areas 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.
In world practice, various forms of cooperation between government and commercial companies have been adopted. As one of them are 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 is in the social sphere, in the field of supply of products for municipal or state needs, management, and technical assistance. In administrative contracts, the right of ownership is not granted to a commercial organization. In this case, the risks and costs are fully borne by the state. The interest of a commercial structure is that, in accordance with the contract, it receives the right to an agreed part of the income or fees collected. As practice shows, such agreements allow not only to increase the prestige of the company, but also guaranteed to receive possible preferences and benefits, sustainable profits and take a position in the market.
Within the framework of cooperation, transactions on the transfer of property, which is in municipal or state ownership, to a commercial structure for use for a certain fee, are common. It can be a building, a building, a room, land plot. Lease in the traditional form implies the return of the subject of the agreement. At the same time, the right to dispose of property remains with the owner, and when concluding an agreement, a commercial structure is not granted. In some cases, an organization may purchase a building, premises or land. Rent in the form of leasing always implies such a condition.
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 full owners of the property, authorize the commercial association to perform the functions specified in the contract for a certain period. To do this, the company is transferred the legal capabilities necessary to ensure the functioning of the concession facility. For the operation of the property, the 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.
The concession has the following features:
When concluding contracts, leasing agreements, the state or municipality acts as a subject civil law. Accordingly, for them effective work sufficient provisions of the Civil Code. 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 permitted only in accordance with the normative act. Among the public law signs of a concession, it is necessary to single out the consolidation of public interests in them, the representative of which is the state. By agreement, the commercial structure is obliged to obey them, that is, to ensure the continuity of the provision of services, equality of tariffs, general accessibility, and exclude discrimination of consumers.
Such agreements are most popular in the 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:
Within the framework of these types, forms of concession agreements are possible, based on a different combination of powers, as well as permissible limits for specific investment and entrepreneurial activities.
In the Russian Federation, the normative act on concession agreements entered into force in 2005. However, at present, such cooperation has not been developed. The main reason for this situation experts call the lack of protection of user rights. The risk that a commercial organization bears, relating directly to its activities under the agreement, is aggravated by the existing obligation to pay a high concession fee. However, the penalty for violation of the terms of the agreement by the user in normative act not installed. Currently, discussions are ongoing on amendments to the law that could stimulate the emergence of concession relations in Russia.
This form of relations between commercial structures and government agencies has some features of a concession. However, this agreement has a number of features. The differences are primarily in the configuration of property relations. However, the rights to products created by a private partner remain with him. According to the agreement on the division of the results of activities, he is left with only a part of them. The procedure and conditions for the transfer of rights are stipulated by a special agreement.
Public-private partnerships in education have gained the greatest popularity. So, at present, work is underway to introduce a system. This form of PPP is spreading 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 interruption from production activities.
Another common form of interaction is public-private partnership in healthcare. We are talking mainly about recreation facilities, the sanatorium sector. Over the past few years, forms of public-private partnership have been rapidly developing. Initially, concession agreements were used in the construction of parking lots, motorways, and provision of heat supply. Today, cooperation is becoming more widespread in the defense sector, the transport services sector, and the cultural and educational sphere. When implementing programs, various mechanisms of interaction between government and commercial organizations are used. They are differentiated in accordance with the scope of ownership rights, financial obligations of the participants, the principles of risk distribution, as well as responsibility for the performance of certain types of work.
For road projects of public-private partnership in Russia, 2014 is an anniversary year. About 10 years ago, the world-famous scheme of cooperation between authorities and business began to actively develop in the country. The starting point for this in the Russian Federation was the development of the draft law "On Concession Agreements", which was adopted in 2005.
Portal "DorInfo" has selected the ten most famous and large facilities that are built, under construction, designed or planned for implementation under the PPP scheme. Of course, those in Russian regions there are many more and they are all important. The material also contains information about those of them that, according to the editors, have become significant not only for their region, but also for the country as a whole.
1. Western high-speed diameter, St. Petersburg
The WHSD is the first paid high-speed urban highway in Russia. Moreover, one of the world's largest examples of public-private partnerships in road construction. The justification of investments for the construction of the highway began in 1997, in 2005 the construction of the first stage of the WHSD began.
The southern section of the WHSD (in the area of Blagodatnaya Street to the embankment of the Yekateringofka River) was opened in October 2012. Almost a year later, the northern section of the highway was put into operation (from Primorsky Prospekt to the Skandinavia highway). In August 2013, it was opened by Russian President Vladimir Putin.
The highway will pass through the territories of the Moscow, Tver, Novgorod and Leningrad regions, bypassing all settlements. It is practically parallel to the existing M-10, except for a few points of intersection with it.
The construction of the M-11 "Moscow - St. Petersburg" highway is going on in several stages, each of which is an independent investment project. The first section of the M-11 bypass. Another section is being prepared for commissioning on December 23 - bypassing Khimki. The new high-speed road "Moscow - St. Petersburg" will be fully built in 2018.
5. Central ring road, Moscow region
A grandiose project in terms of its scale and investment is planned to be implemented by 2018 - to build the Central Ring Road. The highway, which, according to the customer, Avtodor Group of Companies, will form the basis of the backbone network of high-speed roads of the Russian Federation, become part of international transport corridors and radically change the traffic flows of the Moscow region and the European part of Russia.
The Central Ring Road project has caused a lot of controversy about the ratio of price and efficiency among transport workers, environmentalists and motorists. But, despite conflicting opinions, the solemn ceremony of laying a commemorative capsule, marking the beginning of construction.
The construction project of the Central Ring Road of the Moscow Region A-113 consists of five start-up complexes, which are being implemented on the basis of a public-private partnership. The total length of the Central Ring Road will be 529.9 km.
The cost of the Central Ring Road is estimated at about 300 billion rubles, of which 150 billion are funds from the National Welfare Fund. Travel on the first, third and fourth sections of the Central Ring Road will be paid - 2.32 rubles per kilometer. The fifth section, the so-called Zvenigorodsky way, connecting the M-11 Moscow-St. Petersburg highway and the M-3 Ukraine highway, will be free. It is planned to complete the construction of launch complexes No. 1, No. 3, No. 4, No. 5 in 2018. The construction of the second.
6. Bridges across the rivers Kama and Bui, Udmurtia
The concession project for the construction of a bridge across the Kama was among the top three leaders in the "Public-Private Partnership: Deal of 2013" category at the "Investments in Russia" forum. After a long search for an investor, an agreement on the construction of the facility was signed in October 2013. In the autumn of the same year, the construction of a bridge across the Kama began in Udmurtia.
In addition to building a bridge across the Kama in the Kambarka region, within the framework of the same project, bridgemen will build a crossing over the Bui River nearby. total cost two bridges is estimated at almost 14 billion rubles. Of these, 10 billion 84 million are allocated by the concessionaire, 2 billion 560 million are provided by the investment fund of Russia and 1 billion 343 million are.
It is planned to complete the construction of bridges in 2016. At the same time, the working movement on the structures can be opened as early as 2015.
7. Overpass, Ryazan
The first toll overpass in Russia was built by a private investor in Ryazan. The structure was erected across the railroad tracks and opened to traffic in December 2012.
The Ryazan overpass connected two microdistricts - Sokolovka and Dashkovo-Pesochnya. The latter refers to an actively developing area, where the number of cars is increasing in the future.
The investor has invested 252 million rubles in the construction of the overpass for six months and returns the costs with the help of tolls. The payback period of the project, according to the investor, is 10-15 years. And in 20 years, the company will transfer the overpass to the ownership of the municipality. Alternative Free Road.
8. Tolls on federal highways from "12-ton trucks"
This year, finally, a company became known that is implementing the first and non-standard project for Russia to introduce tolls on federal roads for cars weighing over 12 tons.
A tender for the right to conclude a concession agreement was announced in September 2013. The same month, the Federal Highway Agency held a Road Show for the project. After that, Rosavtodor more than once extended the deadline for submitting bids for the implementation of the “System for charging fees from 12-ton trucks”. The very same deadline for the introduction of tolls on federal roads for "12-ton" was eventually postponed from November 1, 2014 to November 15, 2015.
And in August 2014, the Federal Highway Agency canceled an open tender for the creation of a toll collection system, saying that the project would be implemented on different terms. They should have
The decision of the main executive body of the country was not long in coming. Russian Prime Minister Dmitry Medvedev signed a decree on the appointment of a toll system operator on August 29. They became the company "RT-Invest". It is she who is implementing the sensational project in Russia to collect fees from 12-ton trucks for travel on federal highways. At the same time, a company representative confirmed the possibility of increasing the fare per kilometer on federal highways from 3.5 rubles to 3.73 rubles.
9. Bridge over the Lena River, Yakutia
Even more long-suffering, as it turned out later, was the project to build a bridge across the Lena in Yakutia, which should ensure year-round uninterrupted supply of goods to the Far East. Although at first things for the inhabitants of the permafrost region, where they were going to build the long-awaited bridge, were quite optimistic.
In April 2014, Rosavtodor announced the winner of the concession tender for the construction of the bridge. It was the consortium Transport Concessions (Sakha) LLC. The consortium headed by Transport Concessions (Sakha) LLC included VTB Bank OJSC, USK Most OJSC, Bamstroymekhanizatsiya OJSC, Stroyproekt Institute OJSC. The letters of support to the consortium were also provided by companies whose experience, competences and resources could be attracted by the participant during the project implementation. Among them are Vinci Concessions, EBRD, RDIF, VTB Bank, Gazprom-Bank, International financial company IFC. The cost of building a bridge across the Lena was estimated at 47 billion rubles.
However, the winner and all those who supported him are not yet destined to realize such large-scale project. In March, the Deputy Prime Minister of the Government of the Russian Federation, Plenipotentiary in the Far East federal district Yuri Trutnev expressed doubts about the transparency of the conduct and selection of participants in the competition for the construction of a bridge across the Lena River.
And since May 2014, news began to appear in the media that the project could be postponed. The authorities of Yakutia have repeatedly said that the region urgently needs a bridge across the Lena, and even offered funds from the sale of a stake in ALROSA. Minister of Transport Maxim Sokolov assured that his department would defend the bridge across the Lena River.
But in November, Russian President Vladimir Putin said that the project for a bridge across the Lena in Yakutia should be not only social, but also economically sound and expedient. And already in early December 2014, the Minister of Transport of Russia Maxim Sokolov announced that the decision on the bridge construction project
10. Ring Road, Vladivostok
In the near future, the easternmost road ring in Russia, perhaps, will appear in Primorye. The project of a bypass road around the Amur Bay began to be developed back in the 70s of the last century. But the collapse of the USSR disrupted all plans. AT last years the city authorities are actively talking about the implementation of the project of the Vladivostok ring road.
At a meeting in October 2013, the contractor company (CJSC Institute Giprostroymost - St. Petersburg), which is engaged in the development of the VKAD, proposed two options for passing the highway. The first option - a low-water bridge along the coast of the Amur Bay - involves a high-speed highway without traffic lights and intersections. The second, a city road along the coast, includes the widening of existing streets and lower traffic speeds. Later, a compromise third option was developed. In it, the route along the Amur Bay passes partly both along the coast and along the water area.
The mayor of Vladivostok instructed to prepare an integrated cost calculation and visualize the proposed options. Experts estimate the construction of the road at approximately 30-40 billion rubles.
In the summer of 2014, the plenipotentiary representative of the President of the Russian Federation in the Far Eastern Federal District, Yuri Trutnev, proposed to attract to. Chinese investors have already declared their readiness to take part in the project under a 20-year concession.
Prepared by Marina Kostyukevich
Photo from the DorInfo archive and open Internet sources.
The Government of Moscow is the attraction by the state of a private partner for public-private partnership of construction, reconstruction, modernization, maintenance, operation, provision of services to the population on the terms of the distribution of risks, competencies, responsibilities determined by the contract, a set of regulations in force at the time of signing the contract
Government of Moscow Benefits of PPP for partners State Private partner Solving problems Better fulfillment by the state of its obligations to citizens Attracting the competencies of a private partner to fulfill state tasks Improving the efficiency of use budget funds Budget Efficiency Stable profitable business for the long term in previously exclusively state-owned industries The possibility of attracting debt financing Balanced distribution of risks = a clear distribution of rights, duties, responsibilities DEVELOPMENT ON THE TERMS OF PARTNERSHIP
Government of Moscow PPP models in the Russian Federation o Forms of contract - Investment agreement (contract) for project implementation - Lease agreement for municipal property with inseparable improvements (modernization/reconstruction) - PPP agreement (BOT/BOLT) - Concession agreement (BTO), in including using contract principles life cycle-Contract for the provision of services o Legal basis-Contracts FZ-115 "On Concession Agreements" Civil Code -Procedures Land Code Urban planning code FZ-94 “On Procurement of Goods and Services for State and Municipal Needs” FZ-135 “On Protection of Competition” FAS Order 67 on Approval of the Rules for Conducting Tenders or Auctions for the Right to Conclude Lease Agreements Regional Laws on PPP Investment fund RF - Ensuring the obligations of the public partner Budget code FZ-210 “On the basics of tariff regulation…” Sectoral regulation Regional legislation
Government of Moscow Examples of PPP projects in Russia o Airports: – Domodedovo, Koltsovo (lease with investments) – Sheremetyevo (inv. contract) – Pulkovo (BOT) o Highways: – Moscow – St. Petersburg (15-58 km) (conc.) – Odintsovo bypass (M4) (terminal) – Nizhniy Novgorod bridge (BOLT preparation) o Light rail: – St. Petersburg elevated express train (HERE, postponed) o Water: – OSV/USC projects in Moscow and St. Petersburg (BOT) – Vodokanal Rostov-on-Don (lease with investments) – more than 30 long-term lease agreements in Russian cities, – regional concession in the Krasnodar Territory – pilot projects for the preparation of concessions Yekaterinburg, Krasnoyarsk, Saratov within the Shuvalov group – Regional project of USC construction at 22 municipalities Republic of Karelia (BOLT) o Heat supply: – MIPC (corporation) – concession in Irkutsk – more than 30 long-term lease agreements in Russian cities – pilot projects for the preparation of concessions Novosibirsk, Yekaterinburg within the Shuvalov group – Lenteplosnab (simple partnership) o Waste management: – MSZ Moscow (VOT) – Plant in Yanino, St. Petersburg (BOT) – MSZ Altufyevo (concession, postponed) – MPZ in Nizhny Novgorod(concession) o Social infrastructure: – FOC in the Nizhny Novgorod region. (concessions) – Palace of Arts in St. Petersburg (VOT) – 80 schools in KhMAO (BOLT, preparation) o Infrastructure for regional development: – PPP projects with the participation of the Investment Fund of the Russian Federation (investment agreements) – infrastructure for industrial sites in the Kaluga region (TIF project)
Moscow Government Key facts about the city of Moscow S&P credit rating BBB/Stable/- Fitch credit rating BBB/Positive/- Investment rating Expert RA 1B (high potential - moderate risk) GRP 4050 billion rubles. Budget revenues 1128 billion rubles. in 2010 Budget debt burden 27.5% Long-term development programs >90% of budget expenditures reserve fund 15 billion rubles GRP per capita EUR 30.19 thousand The ratio of the population's income to the cost of a set of goods and services 3.6 Index consumer prices 7.8% Volume paid services population 955.3 billion rubles. Population 11.5 million people Number of able-bodied population 9.6 million people Number of employed 6.3 million people 90% of budget expenditures Reserve Fund 15 billion rubles. GRP per capita 30.19 thousand euros The ratio of household income to the cost of a set of goods and services 3.6 Consumer price index 7.8% The volume of paid services to the population 955.3 billion rubles. Population 11.5 million people The number of able-bodied population is 9.6 million people The number of employed people is 6.3 million people."> 
Government of Moscow The use of PPP is necessary for the development of infrastructure in Moscow Moscow is interested in implementing the projects necessary for further development and solving the accumulated problems of the city The use of budgetary funds to solve these problems has a number of limitations and disadvantages Moscow is interested in attracting private business to implement investment infrastructure projects Infrastructure development projects should be investment attractive for business, implementation mechanisms should be acceptable and legitimate There is no doubt about the investment attractiveness of Moscow, the possibility of implementing PPP projects in Moscow on the principles of “the state pays” and/or “consumer pays”
Government of Moscow Water supply and sanitation - Treatment station Wastewater(South Butovo); - Wastewater treatment plant (Zelenograd); -Yugo-Zapadnaya waterworks Examples of pilot PPP projects in Moscow Healthcare -Medsi Children's Clinic on Pirogovskaya st. Transport - Highway Moscow - St. Petersburg (18-58 km) - Myakinino metro station
Government of Moscow About Vnesheconombank Status "state corporation", non-profit organization Chairman of the Supervisory Board of Vnesheconombank - Chairman of the Government of the Russian Federation central bank RF Operates on a break-even basis (term, paid, repayable) Exempted from income tax More than 2 billion rubles. OPERATIONS PROJECT SELECTION CRITERIA Project payback period Total amount of investment in the project Amount of Vnesheconombank's investment in the project Priority of using PPP tools Priority of using PPP tools Feasibility of participation in the Project – areas and industries Feasibility of participation in the Project – areas and industries More than 1 billion rubles. MEMORANDUM OF FINANCIAL POLICY OF VNESHECONOMBANK Loans Guarantees Equity participation Investment consulting More than 5 years
Government of Moscow The main goal is to provide high-quality support to state and municipal government in order to support the implementation of sectoral, regional or city strategies for the development of public infrastructure on a PPP basis The main tasks of the PPP Center of Vnesheconombank Investment consulting services of OSMU Development Projects Financial Assistance Program (FSPR) Support for the implementation of PPP projects Development of PPP institutions within OSMU Development regulatory framework Generalization and dissemination of best practices, retraining of OSMU staff Development of new PPP models Collection of data on the development of the PPP project market, attraction of qualified private partners Creation of conditions for the implementation of PPP projects
Government of Moscow Investment Advisory Services Vnesheconombank is a financial advisor to the Government of the Russian Federation in assessing the financial, budgetary and economic efficiency projects applying for funds from the Investment Fund of the Russian Federation Since 2010, Vnesheconombank has been the sole provider of investment consulting services for the state needs of the constituent entities of the Russian Federation on the formation of investment projects carried out on the basis of PPP (Decree of the Government of the Russian Federation 1372-p dated) Investment consulting is provided for projects that are supposed to be implemented using: The responsible unit of Vnesheconombank for the provision of investment consulting services is the PPP Center Investment Fund of the Russian Federation SEZ Regional law on PPP Concession
Government of Moscow Financial assistance to development projects Amount of funding: 2 billion rubles. annually Program implementation period: 5 years of projects per year Implementation areas: Energy service contract Investment fund of the Russian Federation Special economic zones Regional law on PPP Concession PPP forms: Ecology Energy efficiency Infrastructure sites for building Mass transit systems Informatization and public administration Social infrastructure FINANCIAL ASSISTANCE TO DEVELOPMENT PROJECTS (FSPR) Requirements for projects: federal, regional or intermunicipal significance, promoting the development of agglomerations Project preparation period no more than 2 years The amount of participation depends on the capital intensity of the project or the conditions of the DIK / GC funds are provided on a repayable basis through the SEC or within the framework of the DIK / GC first stage of participation in the FSPR – preparation of the application of OSMU
Government of Moscow Assistance of Vnesheconombank to the development of PPP projects in Moscow CREATION OF FSPR Decision of the Supervisory Board of Vnesheconombank on Vnesheconombank's participation in FSPR MOSCOW'S APPLICATION TO VEB Putin to a letter from Moscow Mayor S.S. Sobyanin /0 of Vnesheconombank's participation in PPP projects implemented in Moscow MOSCOW'S PARTICIPATION IN FSPR Decision of the Supervisory Board of Vnesheconombank () to allocate 900 million rubles in 2011 within the framework of FSPR for the preparation of PPP projects in Moscow CONCLUSION OF STATE CONTRACTS MOSCOW PPP PROJECTS
Moscow Government Pipe-line of Moscow PPP projects in the transport sector Construction of a traffic interchange and paid multi-level parking on Tverskaya Zastava Square Construction of transport interchange hubs in the city of Moscow Creation of an urban high-speed tram transport system Construction of coastal infrastructure for the development of river transport in Moscow
Moscow Government Pipe-line of Moscow PPP projects in the field of water supply and sanitation Construction of an ozone-sorption unit at the Northern Water Treatment Plant of Moscow State Unitary Enterprise Construction and operation of a sludge incineration plant at the Lyuberetsky wastewater treatment plants Construction of new buildings and facilities for deep wastewater treatment with complete biological treatment with removal of biogenic elements on the territory of the Kuryanovsk treatment facilities of MGUP "Mosvodokanal" Construction of a facility for thermal neutralization (burning) of sewage sludge mechanically dehydrated on the territory of the 19th sludge site of MGUP "Mosvodokanal"
Moscow Government Pipe-line of Moscow PPP projects in the field of waste management Reconstruction (modernization) and operation of the "Plant for thermal disposal of solid waste 2" Construction of a plant for the incineration of biological and medical waste as part of the relocation of the veterinary and sanitary plant "Ecolog" from the territory of the Lyubertsy aeration fields in the Kolomna district of the Moscow region. Construction and operation of a facility for the incineration of medical waste and in combination with a sewage sludge incineration unit at the 8th sludge site of the Lyubertsy treatment facilities Construction and operation of a facility for thermal neutralization of toxic industrial waste on the territory of group treatment facilities
Government of Moscow Main schemes for the implementation of projects on the terms of PPP BOLT CONCESSION (BTO) Applicable legislation Sources of payback Sources of financing Opportunities state support 1. Federal Law of the Russian Federation No. 115 “On Concession Agreements” 1. Project design works 2. Project financing 3. Construction of the facility 4. Transfer to the ownership of the customer 5. Operation and maintenance of the facility during the term of the contract 6. Collection of user fees object Fee for the use of the object Investor's obligations NPFs, MFIs, RFOs, financial institutions Customer's payments, incl. at the expense of additional budget revenues from the development of the territory and the collection of fees for the use of the facility 1. Design work of the facility 2. Project financing 3. Construction of the facility 4. Transfer for operation to the customer 5. Ensuring operational readiness during the term of the contract 6. Transfer of the facility into ownership to the customer after the expiration of the contract 1. Civil Code of the Russian Federation 2. Law of the subject of the Russian Federation NPFs, MFIs, RFOs, financial institutions Vnesheconombank State guarantees Investment Fund of the Russian Federation Vnesheconombank State guarantees Investment Fund of the Russian Federation
Kryukova Ekaterina Leonidovna
Lemieva Irina Vitalievna, Moscow State University of Design and Technology, Russia
Translation will be available soon.
First trend : the formation of a developed legislative framework in the field of PPP. At the federal level in 2015 was adopted the federal law dated July 13, 2015 No. 224-FZ “On public-private partnership, municipal-private partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation”. Other important legal acts in this area were the law on the Development Bank, on the rules for selecting investment projects, on concession agreements.
Regional legislation is represented by the laws of the constituent entities of the Russian Federation on PPP (see. picture 1). Similar regulations are adopted at the municipal level. Also, the scope of PPP is regulated by standard concession agreements and guidelines.
Picture 1.Development of regional legislation on PPP in the Russian Federation as of March 2015
Source:compiled by the authors
Specialists of the PPP Development Center believe that the regional legislation on PPP needs to be improved in the following areas.
1. Determine the needs of the region for infrastructure facilities based on their forecast and actual socio-economic and macroeconomic indicators (demographic forecast, growth in traffic load).
2. Integrate infrastructure development indicators into forecast documents of a constituent entity of the Russian Federation.
3. Fix specific measures for the application and development of PPP mechanisms, as well as indicators for attracting extrabudgetary funds in the planning documents of the constituent entity of the Russian Federation.
Second trend : differentiation of subjects of the Russian Federation by participation in PPP. According to the calculation of specialists, all subjects of the country can be divided into 5 groups (Table 1). More than half of the country's subjects have a low or very low level of PPP development. This situation is explained by the weak development of the institutional environment (lack of plans for the use of PPP in the region, documented models for the implementation of PPP, authorized bodies for the coordination of PPP). This affects the lack of experience in implementing PPP projects, which means low investment attractiveness.
The subjects of the first three groups ensured their advantageous position through an effective PPP management system. It, as a rule, includes the presence of a single body responsible for choosing a private partner, accounting for PPP in the strategic planning documents for the development of a constituent entity of the Russian Federation, providing tax and non-tax benefits, an Internet resource that allows you to get all the latest information about the economy of the region. Importance also has a number of implemented projects. One of the latest projects in Moscow was the construction"Northern understudy of Kutuzovsky Prospekt", in the Leningrad region - the construction of a rehabilitation center in the village of Komuna, in the Moscow region - two projects in the field of water supply and sanitation with the involvement of the Morton Group of Companies as a concessionaire, as well as summing up the results of the tender for the construction of oncological centers, where the concessionaire is PET-Technology (a subsidiary of Rosnano).
|
Name of the subject of the Russian Federation |
|
|
Regions are leaders in terms of PPP development (60–75%) |
R. Tatarstan, Novosibirsk region, Nizhny Novgorod Region, Leningrad region, Saint Petersburg - Moscow. |
|
Regions with high level development of PPP (45–60%) |
R. Bashkortostan, R. Udmurtia, R. Komi, Perm and Krasnodar Territories, Samara, Sverdlovsk, Moscow, Voronezh, Ulyanovsk, Tula, Rostov, Vladimir, Yaroslavl, Tambov regions, Yamalo-Nenets Autonomous Okrug, Khanty-Mansi Autonomous Okrug. |
|
Regions with an average level of PPP development (35–45%) |
R. Sakha, R. Buryatia, R. Chuvashia, Khabarovsk and Primorsky Territories, Kaluga, Orenburg, Pskov, Belgorod, Ryazan, Amur, Sakhalin, Vologda, Lipetsk, Murmansk, Omsk regions. |
|
Regions with a low level of PPP development (25–35%) |
R. Tyva, R. Khakassia, R. Karelia, R. Mordovia, Altai, Krasnoyarsk, Stavropol, Kamchatka Territories, Kemerovo, Saratov, Tver, Tomsk, Penza, Kirov, Kaliningrad, Bryansk, Astrakhan, Chelyabinsk, Irkutsk, Smolensk, Ivanovskaya , Novgorod, Kostroma, Kurgan, Kursk, Arkhangelsk, Volgograd regions, Jewish Autonomous Region. |
|
Regions with a very low level of PPP development (0-25%) |
R. Chechnya, R. Altai, R. North Ossetia-Alania, R. Kalmykia, R. Crimea, R. Dagestan, R. Kabardino-Balkaria, R. Mari El, R. Karachay-Cherkessia, R. Adygea, R. Ingushetia, Nenets Autonomous Okrug, Chukotka Autonomous Okrug, Trans-Baikal Territory, Tyumen, Oryol, Magadan Regions, Sevastopol. |
Source:compiled by the authors
Third trend : allocation of priority areas of PPP depending on the socio-economic needs of society (see. figure 2).
Figure 2.Areas of implementation of PPP projects as of March 2015
Source:compiled by the authors
According to the given data, the leading area for the implementation of PPP projects last year was housing and communal services - 194 implemented projects. In the social sphere, this figure was 165 projects, in the energy sector - 163 projects, in the transport sector - 64 projects. To date, 1285 projects are at various stages of implementation. Of these, 505 projects are in the energy sector, 482 projects are in the utilities sector, 203 projects are in the social sector, and 95 projects are in the transport sector. A significant increase in PPP projects in the energy sector is explained by the involvement of representatives of domestic and foreign businesses for the construction of an energy bridge and a transport bridge in the Crimean Republic.
Fourth trend : allocation of priority forms of PPP. In the current practice, there are four forms:
- concession agreement;
- PPP agreement;
- lease agreement with investment obligations;
- life cycle contract.
The forms of PPP implementation differ in the degree of responsibility that the public and private partners take upon themselves for capital and current investments, operation, and risks. For example, in the first form of PPP, two partners are involved: the concessionaire and the grantor. The concessionaire is individual entrepreneur, Russian or foreign legal entity. He undertakesto create and (or) reconstruct property at its own expense and carry out activities using the object of the concession agreement. The concessor is the authorized body of the federal, regional or municipal levels. The concessor has the right of ownership to the property created by the concessionaire and undertakes to grant him, for the period established by the agreement, the rights to own and use the object of the concession agreement. At the municipal level, the main branches of concession agreements areproduction, transmission and distribution of heat and electrical energy, as well as water supply, sewerage and heat supply systems and individual objects of such systems.
At the regional level, concessions applyin relation to objects of the social sphere (health care and sports), objects of communal infrastructure (WSS, MSW) and the energy sector. At the federal level, concessions are practiced for the creation of road infrastructure.
The fourth form of PPP (life cycle contract) isan agreement under which the state, on a competitive basis, enters into an agreement with a private partner for the design, construction and operation of a facility for the life cycle of the facility and pays for the project in equal installments after the facility is put into operation. Currently, only two life cycle contracts are being implemented in Russia, one of which is in the pre-investment phase, the other is on an investment base. Both contracts are carried out in the Urals Federal District at the municipal level. Their cost is 9,988,971 rubles.Some specialists also include special economic zones and public procurement as PPP forms.
Fifth trend: according to the analytical data of Sokolov S.L., the following regularity was found in the field of PPP. The more profitable the PPP project, the lower the share of public investment. Entrepreneurs are more willing to finance those industries in which there is a guarantee of profit (see. table 2). In unattractive industries for business, the state is forced to invest resources to a greater extent to fulfill its social functions. (Sokolov, 2013).
table 2
Investment structure in PPP projects for the period 1996-2012.
|
Project implementation sector |
The volume of investments in the PPP project (mean, %) |
|
|
State |
Private |
|
|
1. APK |
10,9 |
89,1 |
|
2. Mining |
15,3 |
84,7 |
|
3. Housing and communal services |
26,1 |
73,9 |
|
4. Healthcare |
24,6 |
75,4 |
|
5. Culture |
17,5 |
82,5 |
|
6. Education |
87,0 |
13,0 |
|
7. Industrial production |
13,0 |
87,0 |
|
8. Development of territories |
19,9 |
80,1 |
|
9. Construction |
15,0 |
85,0 |
|
10. Transport |
40,2 |
59,8 |
