The concept, forms and scope of public-private partnership. PPP is a public-private partnership

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 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. TRANSPROEKT Group, as a consultant to state and municipal authorities (OSMU), 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 means 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 entry into the WTO, other terms characterizing other types of concession agreements were included in Russian legislation.

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 PPPs is also regulated by Federal Law No. 115-FZ of July 21, 2005 “On Concession Agreements” and Federal Law No. 44-FZ of April 5, 2013 “On the Contract System in the Procurement of Goods, Works, and Services 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 the 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 an 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 for the implementation of 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. 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 the 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. The new law actually reproduces the picture of public-private partnership that exists in practice, with the addition of strokes desirable for the state. The term "public-private partnership" was introduced as a political and managerial, not a legal category. It is defined as cooperation between the state represented by its bodies and business entities, based on an agreement. More information about public-private 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, industries 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 the 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 purification, 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, the following conclusion can be drawn: in those countries that are characterized by the presence of a market economy, a high level of labor productivity and the level of consumption of GDP per capita, where the state guarantees a high level of social protection, where the average life expectancy is high and there is a high quality of medical care and education, PPP is used more often in the healthcare 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), the industry associated with the construction and reconstruction of roads is in 1st place in terms of the number of PPPs used (93 project), and is already followed by a very significant gap in healthcare (29 projects), education (23 projects) and accommodation (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 the involvement of 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 project cost 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 agreement on the use of the airport. 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.

So, in the Czech Republic, a problematic infrastructure project was implemented. 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 (analogous to the "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.

At present, budget financing of the development of transport infrastructure is carried out in two ways: first, directly - for large projects (for the reconstruction of autobahns 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;

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 state 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 the Investment Fund of the Russian Federation, 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 deviating from market, private law criteria for the behavior of the state.

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 for a high level of professionalism in the selection of options for financing and implementation of projects by the public sector, as Russian PPPs will have to compete with PPPs already operating in the global market.

UDC 631.16

Public private partnership:

forms, methods, development potential

a. A. KALASHNIKOV,

General Director of JSC "Volgograd Plant of Tractor Parts and Standards", Applicant of the Department of Corporate Finance and Banking E-mail: [email protected] ha Volgograd State University

The article considers the essence and features of public-private partnership, substantiates the need for its development as a mechanism for financial support of investment activities. The classification of forms and tools of public-private partnership is given. The main problems hindering the development of public-private partnerships are identified, and the possibilities for their elimination are considered.

Key words: Vnesheconombank, venture financing, public-private partnership, investment climate, investment potential, RF Investment Fund, concession.

Public-Private Partnership: Forms, Methods, Development Potential. In Russia, in the context of the modernization of the economy, it became necessary to develop innovations, overcome the technological gap in order to reach a fundamentally new level of solving issues of infrastructural development.

Russia should follow the example of developed countries, which in post-crisis conditions combine the efforts of the state and private business.

In the economies of a number of developed and developing countries, a special form of interaction between business and government has emerged. In this context, the partnership between the state and the private sector is understood, usually denoted by the term Public-Private Partnership (PPP). In the Russian literature, the term "public-private partnership" (PPP) is accepted.

There are many different definitions of PPP in the economic literature. The most general of these is given by the World Bank: PPPs are agreements between public and private parties regarding the production and provision of infrastructure services, concluded in order to attract additional investment and, more importantly, as a means of increasing the efficiency of budget financing.

In relation to Russian practice, the expert community has developed the following definition: PPP is a legally fixed form of interaction between the state and the private sector in relation to objects of state and municipal property, as well as services provided by state and municipal bodies, institutions and enterprises in order to implement socially significant projects in a wide range of economic activities.

Thus, on the one hand, it contributes to a more effective solution of the tasks facing the state, and on the other hand, as a form of mutually beneficial long-term cooperation between the state and business, it is an effective tool for stimulating and supporting investment activity.

To date, a fairly large number of PPP studies have been carried out in economic science. The questions of formation and practical experience of implementation,

models and forms of PPP, new areas of use are being determined, etc.

Despite the importance of the development of PPP as the most important mechanism for financial support of investment activities, its introduction into Russian practice is slow. This is primarily due to the imperfection of the legislative and regulatory framework.

The following obstacles to the development of PPPs can be identified:

Legal restrictions. At present, Russian legislation in this area is still imperfect: there is no single concept of PPP, there is no consistency in the terminology relating to this issue between regional and federal legislation regulating certain aspects of PPP, Federal Law No. 115-FZ of July 21, 2005 "On Concession Agreements" does not fully protect the interests of creditors and private investors;

Organizational and economic restrictions. These include the presence of low-skilled workers in the field of managing PPP mechanisms and underdeveloped interaction with investors on PPP decision-making;

Non-material restrictions - mutual trust, fair distribution of risks between participants.

The state is a partner to private investors for the following dominant reasons: a) the inability to meet the growing investment needs only at the expense of the state budget; b) low efficiency of spending the allocated public funds. At the same time, the state acts as a specific subject of these relations.

The main feature of PPP, according to scientists, is the abundance of various forms in which PPP finds its manifestation.

In works devoted to PPP, the concepts of “forms of PPP” and “PPP tools” are identical. In the opinion of the authors, these concepts must be separated, since there are differences between them.

Forms of PPP - relationships of an organizational and legal nature between the parties to PPP, which arise directly in the process of implementing joint projects (Fig. 1).

PPP instruments are institutions of state support (public financial

ing, state guarantees) PPP projects, the application of which is possible regardless of the applied form of PPP.

The following classification of PPP forms is the most common.

In accordance with the legislation of the Russian Federation, the following forms of PPP are distinguished (Fig. 2).

The following PPP instruments also exist in Russia:

1) Investment Fund of the Russian Federation. Financing at the expense of the Investment Fund of the Russian Federation is possible in relation to projects for the creation and (or) development of capital construction facilities for transport, energy and engineering infrastructure and concession projects of national importance (total cost - at least 5 billion rubles) and the share of financing by a private investor is not less than 25% or having a regional (interregional) significance (total cost - at least 500 million rubles) and the investor's share of financing is at least 50%.

The Investment Fund of the Russian Federation is aimed at integrated industrial and infrastructural development. The provision of funds from the Investment Fund of the Russian Federation is based on the principle of project financing, which, in the author’s opinion, favorably distinguishes this mechanism for the provision of public funds from appropriations under long-term targeted programs, the purpose of which may be, for example, the creation of a specific facility.

None of the existing budget investment mechanisms provides for project financing. Meanwhile, it is within the framework of such an approach that it is possible to effectively and competently predict risks and manage them, evaluate the effects of the creation of capital construction facilities;

2) OAO Russian Venture Company. The main goal of JSC "Russian Venture Company" is to stimulate the creation in Russia of its own venture investment industry and a significant increase in the financial resources of venture funds. The company plays the role of a state fund of venture funds, through which the state stimulates venture investments and provides financial support for the high-tech sector as a whole, as well as the role of a state institution

Rice. 1. Classification of forms of public-private partnership

Rice. 2. Forms of public-private partnership used in Russia NATIONAL INTERESTS: priorities and security

development of the venture investment industry in the Russian Federation;

3) Vnesheconombank. Vnesheconombank is one of the key institutions enabling the implementation of investment projects under PPP. One of the functions implemented by Vnesheconombank is participation in the implementation of investment projects of national importance and carried out on a PPP basis. The minimum amount of credits, loans, guarantees, guarantees and repayable financing provided by Vnesheconombank for the purpose of implementing an investment project is set at RUB 1 billion, or the equivalent of RUB 1 billion in foreign currency. .

Unlike commercial banks, Vnesheconombank does not have a profit goal. The priority area of activity is financial assistance to the socio-economic development of the Russian Federation. For this reason, the Bank's interest rate is significantly lower than the market rate, and the lending terms are designed for long-term payback periods of investment projects (according to the Investment Memorandum - more than 5 years). Another difference should be noted. Since Vnesheconombank is not a commercial bank, it is not subject to the Bank of Russia's regulatory restrictions on the mandatory reserve of funds in case of financing projects with insufficient loan collateral. This means that Vnesheconombank can also lend to projects that are quite risky from the point of view of a commercial bank, if their implementation is in line with Russia's socio-economic priorities. At the same time, Vnesheconombank and commercial banks may jointly participate in such projects, and Vnesheconombank will help them minimize their financial risks.

Obtaining funds from Vnesheconombank can become a separate alternative mechanism for repaying financing for a PPP project if an attempt to obtain state funding through federal target programs or the Investment Fund of the Russian Federation was unsuccessful for any reason. Also, Vnesheconombank can act as an additional source of funds for financing infrastructure facilities or as an investment consultant in case the project successfully passes the competitive tender procedure.

selection in the Investment Fund of the Russian Federation. Thus, Vnesheconombank is the backbone of the system of financial support for PPP projects, especially in cases where private commercial banks cannot participate in such projects due to regulatory restrictions or financial risks.

Vnesheconombank participates in the implementation of investment projects in accordance with the procedure and on the terms established by the Memorandum on Financial Policy and internal documents of Vnesheconombank by:

Provision of credits, loans, leasing operations and financing on a repayable basis in other forms within the framework of Federal Law No. 82-FZ dated May 17, 2007 “On the Development Bank” (as amended on June 25, 2012);

Issuance of guarantees and guarantees, including export guarantees (with the exception of such issuance to individuals, including individual entrepreneurs);

Participation in the authorized capital of business companies;

Insurance of export credits against commercial and political risks in the manner established by the Government of the Russian Federation;

Examination of investment projects, consulting activities (on a commission basis).

The formation of an economic base adequate to modern conditions by creating conditions and opportunities for the implementation of investment projects will be the basis for the development of investment activities in general.

In the author's opinion, this can be expressed in the expansion of various benefits, mainly with state guarantees (tax and other benefits, guarantees, as well as material and financial resources), which will guarantee the demand for products and the return on invested capital. At the same time, the state can become a full-fledged participant and exercise control and regulation in project management.

For example, tax incentives exist in 71 constituent entities of the Russian Federation, and more than half of them have more or less developed investment legislation. But the development of PPP is far from taking place in all regions, even advanced in terms of investment legislation. It is important how investment legislation is applied by regional authorities.

It will not only regulate investment activity, but also be a guarantor for investment activity entities in ensuring equal rights in the implementation of investment activity, transparency in the discussion of investment projects, the right to appeal in court decisions and actions (inaction) of state authorities, local governments and their officials, protection of capital investments.

The most fundamental condition is to overcome the contradictions between public and private interests in PPP. Another necessary condition, the fulfillment of which requires a fairly long time and systemic efforts of the state, is the creation of an institutional environment for PPP.

Much in the formation and development of PPP is determined by the presence of an appropriate institutional environment for solving the tasks facing the state, the implementation of which requires a fairly long time and systemic efforts.

At the same time, we are talking not only about the manifestation of political will at the highest level, but also about creating political support in the lower strata of society by preparing public opinion for the use of privatization mechanisms in the field of social and industrial infrastructure. That is why the role of the state should consist not only in financing projects from the budget, but also in stimulating the inflow of investments from other sources.

Thus, when asked by respondents what kind of state support for PPP projects is needed in the first place, the following answers were received.

The 1st place in determining the most significant form of state support for PPP projects is demand guarantee/tariff regulation (22%), the 2nd place is the regulation of financial instruments and financial institutions to attract and support private investment (20%), the 3rd m - financial support (19%). This is followed by project initiative (16%), legal support (13%) and general direction/management (5%).

Of particular interest are such forms of government support as interest rate subsidies and tax incentives, as well as

development of a mechanism for investing private investments in public projects .

Accordingly, it was concluded that in the regions, civil servants primarily rely on state financial support for PPP projects and clearly underestimate the importance of project management and the competence of partners in organizing interaction between the state and business.

The most attractive source of financing, according to respondents (Fig. 3), are Russian funds, followed by Russian state-owned banks. The next four categories fall into the 4-5 range. Foreign capital received an average score of 3.5. Some respondents in the column "Other" noted the attractiveness of such sources as joint capital (consolidated budget) of cluster associations of enterprises, including bank capital, capital of Russian funds and private capital, as well as personal capital.

The conclusion suggests itself that the state should encourage non-state financial institutions, which have the main share of the country's investment resources, to more actively participate in PPP projects.

Indispensable conditions for the successful implementation of PPP plans are institutional factors:

Development of relevant legislation;

Ensuring the transparency of the activities of private companies at state and municipal property;

Strict adherence of the state to the postulates of the declared policy and the principles of PPP;

Stability of the general political situation.

Russian funds Russian state banks Russian commercial banks Russian private capital

Foreign funds Foreign commercial banks

Foreign private capital

0 1 2 3 4 5 3. Distribution of points of attractiveness of funding sources

The world practice of using the PPP mechanism shows the need to form a special legislative framework for the successful implementation of large investment projects.

Thus, according to some authors, its formation on the basis of the principles of national and international law can become a condition for the stable development of PPP in the innovation sector with the involvement of not only domestic, but also foreign capital.

In foreign countries with developed market economies, it is widespread to attract various financial institutions to provide loans for the implementation of PPP projects.

In France, for example, the creation of target companies with equity participation of the state and business is popular. In England, on the contrary, preference is given to contractual concession schemes. Existing experience shows that concession methods for the implementation of PPP projects are more common in world practice.

Concessions are the most progressive and complex form of PPP. First, unlike other forms, they are always long-term in nature, which allows both parties to carry out strategic planning of their activities. Secondly, in concessions, the private sector has complete freedom in making managerial decisions, which also distinguishes them, for example, from mixed enterprises. Thirdly, the state, within the framework of the concession agreement and public law norms, generally has quite a lot of leverage on the concessionaire when it becomes necessary to protect public interests.

As V. Varnavsky, a leading researcher at the Institute of World Economy and International Relations of the Russian Academy of Sciences, emphasizes, concession projects have several characteristic features. First, they are carried out under constant and vigilant state control over quality, safety and tariff policy. And secondly, projects are limited in time and space, since the contract is concluded for a certain period and concerns only one separately taken object agreed by the parties. Such restrictions allow the state to effectively provide quality social services to the population at an affordable price. However, if the authorities impose too strict tariff or operational conditions, entrepreneurs are unlikely to be interested in

similar projects, because the risk of return on investment and profit may be too great.

According to the lawyer of the Moscow City Bar Association A. Petrova, the significant spread of concession contract forms of PPP is associated with the desire of the state to retain the ability to single-handedly make a decision to change the terms of the project or to remove a private investor from the project. It has this opportunity in the case of a contract and loses it when creating a joint target company with equity participation of partners.

At the federal level, on July 17, 2009, the first concession agreement was signed between Main Road OJSC and the Federal Road Agency (Rosavtodor) for the implementation of the project "Construction of a new exit to the Moscow ring road from the federal highway M-1 Belarus" Moscow - Minsk ". The term of the concession agreement is 30 years, the total cost of the road construction is 25.7 billion rubles. Of these, 11 billion will be allocated from the Investment Fund of the Russian Federation, and the rest will be attracted by the concessionaire.

The most effective source of raising funds for their further investment in PPP projects are post-privatization support funds, the main feature of which is a hybrid financing mechanism (at the expense of business, budget, borrowed funds, funds of non-profit structures, sponsors). The various hybrid types of financing schemes used in this case depend on the structure and scheme for the implementation of PPP projects, the volume of use of public funds allocated for the creation of various forms of PPP.

PPP projects are primarily aimed at ensuring the most efficient use of budgetary and other resources of the public sector.

Through the PPP mechanism, the effectiveness of market mechanisms and elements is transformed into benefits for the state and society. World experience confirms that PPPs, provided they are properly organized, are more efficient than the traditional public procurement system.

For the development of PPP, it is necessary to improve the regulatory and legal framework, eliminate

problems in legislation, create conditions regulating the interaction of PPP participants, expand PPP education programs in order to improve the skills of personnel working in the field of PPP project management.

Bibliography

1. Varnavsky V. G. Public-private partnership: theory and practice / V. G. Varnavsky, A. V. Klimenko, V. A. Korolev. M.: GU-HSE, 2010.

2. Vorotnikov A. M. On the development of public-private partnership in Russian regions // Real estate and investments. Legal regulation. 2010. No. 2 (43). URL: http://www. dpr. en/journal/journal_41_15.htm.

3. Public-private partnership: ways to improve the legislative framework / under the total. ed. A. A. Zvereva. M.: Firma A-FORT-YUG LLC, 2009.

4. Kings and "cabbage". URL: http://www. www. profile. ru/items_9969.

5. On approval of the Rules for the formation and use of budgetary appropriations of the Investment Fund of the Russian Federation: Decree of the Government of the Russian Federation of March 1, 2008 No. 134 (as amended on January 30, 2013).

6. Memorandum on the financial policy of the state corporation "Bank for Development and Foreign Economic Affairs": Decree of the Government of the Russian Federation of July 27, 2007 No. 1007-z (as amended on July 15, 2010).

7. Yastrebov O. A. Experience and prospects for the use of public-private partnership mechanisms in the sphere of infrastructure development by the constituent entities of the Russian Federation // Problems of the modern economy. 2010. No. 1 (33) . URL: http://www. m-economy. ru/art. php?nArtId=3001.

8. Delmon J. Private Sector Investment in Infrastructure: Project Finance, PPP Projects and Risk. The World Bank and Kluwer Law International. 2009. P. 7.

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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 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 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.

Public-private partnerships are a key component of Russia's new innovation policy, because, if done right, they provide greater benefits from investment in public research, creating favorable conditions for sustainable innovation development, which is a strategic driver of 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, government bodies are increasingly attracting private business, its funds and organizational capabilities to solve 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 government powers and functions while providing services in conjunction 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 a relationship 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 gets a more favorable opportunity to engage in the performance of its 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, that is, 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 contract 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.

The state has a wide range of tools to influence the economy. One of them is public-private partnership. What does it represent? In what cases is it addressed? Can you give examples of implemented PPP projects?

general information

First, let's clear up the terminology. PPP is one of the many ways to develop public infrastructure, which is based on long-term interaction between business and the state. At the same time, the private party takes part not only in the design, financing and construction of the facility, but also in its subsequent operation, provision of services on the basis created, maintenance and reconstruction.

What are the goals for this? The main thing that the state wants to achieve is to stimulate the attraction of investments from individuals and structures in the production of consumer goods, services, and works. This approach is used when it is necessary to provide a certain public legal education at the expense of a specific budget, as well as to reduce the participation of power structures in a certain sector of the economy. The latter is carried out only in cases where the business can effectively fulfill the duties assigned to it.

From a legal point of view, PPP is a form of relationship between a certain public legal entity (for example, the Russian Federation, a separate subject of the Russian Federation, a specific municipality) and individuals. They are built on a concession agreement (COP) or a public-private partnership (PPP), which are concluded between the participants. By their very nature, they are civil documents.

Legislative framework

So, we have already found out what PPP is. This is not a bad start, but in order to take a closer look, there are many details that this mechanism is based on. The legislative definition for it is contained in federal law No. 224-FZ of July 13, 2015. Article 3 defines PPP. This has already been covered before. More interesting are the concepts of SHPP and KS. From the point of view of legislation, these are independent legal institutions.

Thus, consideration, conclusion and implementation of agreements is regulated by different federal laws. But at the same time, the CS is one of the models (forms) of PPP. To conclude an agreement, a decision of an authorized public body that represents the interests of a certain public legal entity is necessary. It should clearly and unambiguously announce the commencement of a particular project.

For the conclusion of a CU or PPP, the legislation provides for a bidding process in the form of a tender, in which participants compete for the right to conclude an agreement. Although there are some cases when it is concluded without it. The PPP mechanism is a popular and rapidly developing form of interaction between private investors and the state, which involves the distribution of risks between them.

About models and legislative moments

As previously mentioned, the SPP and the CC are independent legal institutions. The difference between them is this:

The concession agreement (KS) is regulated by federal law No. 115-FZ of July 21, 2005. It provides for the right of the state (municipal formation) to the property of the object of the agreement.
The Public-Private Partnership Agreement (PPPP) is regulated by Federal Law No. 224-FZ dated July 13, 2015. In this case, it is provided that the object of the agreement is in private ownership. But only if the requirements of the legislation are met.

These are the forms of PPP provided. Which of them will be used depends on the goals pursued. What are the general properties of PPP forms? Briefly, these are:

The long-term nature of the partnership. It is necessary for the return of private investments, as well as the complexity of this project. As an example: the duration of the PPP cannot be less than three years.
Distribution of risks and responsibilities by involving a private partner not only in the creation of the facility, but also in its subsequent operation and maintenance. This is a prerequisite for the formation of a structured relationship between the parties within the project. Also during the preparation phase, finding the optimal position is the most difficult.
Full or partial financing of the public infrastructure object being created by a private partner. This is the main difference between PPP and government contracts. At the same time, the public partner or concessor can compensate for a certain part of the costs that were directed to the object of the agreement.

About the benefits for the private party

What does an investor who chooses a public-private partnership get? PPP implementation mechanisms are fixed in a long-term agreement. Also, a private trader can receive a land, forest, water plot without bidding (but only for the implementation of the agreed goals). Another nice point is the possibility of co-financing the project by the public side or obtaining additional guarantees (for example, minimum profitability).

Due to the presence of fairly wide opportunities for work, additional ways to increase revenue are often used. This includes the provision of additional paid services, and the use of optimal solutions that reduce costs at the stages of both the creation and use of the facility. Also, this model allows you to gain a foothold in areas that are traditionally considered state-owned. In addition, part of the risks is transferred to the public partner. This allows you to more confidently look at the implementation of the project and its subsequent operation.

On the benefits for the state

So we answered the question of what attracts private business to PPP. What is the benefit for the state? Here is a short list of the main benefits that the development of PPP brings:

The ability to attract private investors to finance and create infrastructure projects in conditions where there is no necessary amount of budget funds. This method allows you not to increase the debt burden within the current period.
Possibility to combine different stages of creation (design, construction, use) in one project.
It is not an object that is purchased, but a service through payments that are tied to volume and quality. This encourages competition.
The possibility of using the resources and competence of the private sector to provide socially significant services, as well as to improve their quality.
Reducing the presence of the state in the economy.

The most important and promising here is the first point. It should be recognized that the state does not have enough money to fully fulfill all its obligations. Therefore, the PPP mechanism allows us to minimize all negative aspects and make life more comfortable for both citizens and those who are obliged to take care of us.

About the organization

How are PPP projects arranged? To answer this question, let's look at organizational issues. The main attention is paid to the process of preparing and conducting a public procedure, during which a private partner is selected, a contract is concluded with him, which determines the activities, obligations and rights of the parties to achieve the agreed goals, and also provides control over the fulfillment of the obligations assumed. Government contracts in the form of documents can be drawn up in several forms:

shareholder agreement.
Service agreement.
Lease of public property with the assumption of obligations by private participants to improve it.
Investment agreement for the creation of an object.
concession agreement.
Turnkey contract in installments.

In fact, government contracts are divided into two models (this was discussed earlier). But they are based on various legislative documents. The list just enumerated is the form of contract it takes in practice. Although this is not a significant, but extremely important difference.

About examples

So, we have already considered the concept, forms, possible areas of application and models of PPP. This theory is enough to have a base that allows you to understand real situations. In order to better familiarize yourself with all the mechanisms, examples of PPPs, both regional and federal, will be considered. And the first in line is the Kamchatka Territory.

In 2010, an agreement on interaction and cooperation was signed there, which made it possible to attract funds from various sources to finance promising investment projects. As an addition, on the level of the Kamchatka Territory itself, a regulatory document “On Public-Private Partnership” was adopted. PPP was envisaged in the form of concession agreements in the energy sector. At the same time, projects are created on the principles of state (or municipal) and private partnerships. On the territory of the Kamchatka Territory, temporary transfer of property objects is provided for the purpose of reconstruction and subsequent modernization.

Another interesting point, which was not mentioned earlier, is the grantor's fee. What is its essence? In cases where this mechanism is provided, the state (or local authority) can pay a certain amount to the partner. This is necessary in cases of implementation of projects with low investment attractiveness. An example is social facilities.

What about examples at the federal level?

Can you tell me something here? Yes, there are a number of events that were the result of PPP. What interests private business in this case? For example, we can cite several high-profile cases related to the transport sector. First of all, we should remember the construction of the western high-speed diameter in St. Petersburg, as well as the highway from the city to Moscow. But perhaps the most famous in the country was the system of collecting fees from trucks "Platon", because of which strikes were observed throughout the country for quite a long time.

In total, as of March 2017, 1,340 projects built under the public-private partnership scheme were registered. Of these, 426 were brought to the operational stage (that is, successfully implemented). Where are they created? What areas of PPP can be patched up? Most of them fall on public utilities. 901 projects were registered here. Then comes the energy sector, but it boasts only 133 agreements. Another 81 projects are in the field of transport. All other agreements reached relate to the area of social infrastructure.

But just quantitative figures do not give a complete picture. So let's talk about cost. How much money did PPP projects receive? More precisely, private investments, because public money is our funds collected as taxes. In this case, about 700 billion rubles were attracted. At the same time, 440 of them are directed to regional projects.

About criticism

You can almost always find people dissatisfied with any innovation. PPP in Russia is also subject to criticism. And this is done not only by ordinary citizens, but also by many high-ranking civil servants. So, we can cite the words of the head of the FAS Igor Artemyev, who on March 1, 2017 told reporters that a number of public-private partnership projects are an imitation of a concession. As an argument, he said that in them all expenses are compensated from the budget. And private companies do not invest their money. Additionally, Deputy Head of the FAS Rachik Petrosyan informed about this. According to him, public-private partnerships are used as a mechanism to circumvent public procurement. And as such an abuse, the example of the construction of the Sterlitamak-Magnitogorsk road was given.

At the same time, other high-ranking civil servants perceive these words with hostility. For example, Deputy Minister of Economic Development Stanislav Voskresensky said that such statements pose a threat to the operation of the entire PPP mechanism.

Development opportunities

Of course, the mechanism of public-private partnership deserves attention. It allows you to concentrate on creating the necessary projects for which the state does not have money at a given time. Also, thanks to PPP, it is possible to control the level of debts and successfully implement a strategy to reduce them. But, alas, there is a place for many negative aspects.

For example, if an agreement was reached that the work on the project is financed both from the budget and from private funds, then after a certain time it may turn out that in fact all the money received was sent, say, offshore. We need to work to ensure that this does not happen.

The issue of corruption is also quite acute. For example, after the decision to introduce the Platon system was made, there were many dissatisfied people who believed that this was the result of the Rotenbergs' close friendship with the President of the Russian Federation. But the fact that they are talking about it means something. Of course, there are shortcomings, but as long as they fight against this, improving the mechanism itself, things will gradually improve. It should not be assumed that absolutely everything is terrible. After all, there are people like Igor Artemyev who speak out against all the shortcomings. And there are law enforcement agencies that fight crime.

In a broad sense, to the main forms of PPP in the field economy and government controlled can be attributed:

1. any mutually beneficial forms of interaction between the state and business;
2. government contracts;
3. lease relations;
4. financial lease ( leasing);
5. public-private enterprises;
6. production sharing agreements(PSA);
7. concession agreements.

In Russia, seven main types of concession agreements were considered in 2004 . 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 entry into the WTO, other terms characterizing other types of concession agreements were included in Russian legislation.

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.

Modern economic literature uses various classifications of forms and models of public-private partnerships. In accordance with the sign of state participation in the use of property in the process of project implementation, the following forms of public-private partnership are distinguished:

1. Privatization of an enterprise or a property complex for its further development with investment and social obligations.
2. Creation on the basis of an existing enterprise or a property complex of a new enterprise with state participation in the authorized capital and management, entry of one of the parties into the authorized capital.
3. Concession of the infrastructure property complex.
4. Transfer to trust management of an enterprise or infrastructure complex.
5. Lease (long-term) of a property complex for business development with investment and social obligations with or without the right to privatize.
6. Performance of work or provision of services, supply of goods under a government contract.
7. Deprivatization of an enterprise or a property complex.

According to the degree of stateization of property and the principles of income management, the following classification of public-private partnerships is used:

1. Service contracts - used for 1--3 years, the private partner receives remuneration from the state for the performance of work, the provision of services and technical assistance.
2. Management contracts (3-8 years) are government service contracts, trust management and turnkey contracts. As a result of the implementation of these contracts, the business structure is provided with a guaranteed remuneration from the state.
3. Financial contracts (3--5; 5--10) -- the provision of government guarantees for loans through commercial banks, interest subsidies, the provision of soft loans and leasing. These contracts apply to socially significant projects.
4. Lease contracts and temporary transfer of rights - leasing contract, production sharing agreement and investment contract. Lease contracts allow the state to receive rental income from the use of property by business structures in the process of implementing a project in the field of public-private partnership.
5. Concession agreements (15--30 years) are agreements that provide for the receipt of income from the implementation of the project by business structures, with the exception of deductions paid to the state under the concession agreement. The main functions of the concessionaire include the following: repair work, maintenance, facility management within the framework of the project, as well as various types of investments.
6. Shareholding or equity participation in joint organizational and legal forms (enterprises, OJSC) - activities within the partnership are regulated by the Charter, the Civil Code of the Russian Federation and are unlimited in time. Income is distributed in accordance with the share in the authorized capital.

Carrying out the classification and designating typical forms and models of public-private partnership, it should be noted that this introduces order into the scope of the tools for interaction and building relationships between business structures and the state. At the same time, the classification makes it possible to determine the role and place of each side of these relations in the process of project implementation, as well as to identify the main inconsistencies in the legislative framework for public-private partnership relations.

The following classification, used in the economic literature, distinguishes models according to the method of implementing large infrastructure projects and the distribution of risks. In accordance with this classification, the following models are distinguished:

1. The first model "State order" provides for the risks of the public sector at all stages of the project (design, construction, operation, maintenance, financing).
2. The second model "Design and Construction", in which the risks are distributed as follows: at the initial stages of the project, the risks are borne by the business structure, and at the next three stages, the risks are transferred to the state.
3. Within the framework of the third model "Design, construction and operation", the state bears risks only at the stage of "financing", most of the risks are related to business structures.
4. The fourth model "Financing, construction, operation", which is the main model of concession schemes, does not provide for public risks, all responsibility lies with the private sector.

Classifying according to the initiator of interactions, scientists have identified the following forms of public-private partnership:

1. Imperative public-private partnerships, which are understood as the issuance by the state of a regulatory legal act of an administrative nature in order to create a partnership (the initiative comes from the state).
2. Mixed public-private partnerships, in which any party can act as an initiator for the emergence of a partnership, but a special legal act is required to formalize the relationship.
3. Disposable public-private partnerships in their activities are based on the legislation of the Russian Federation, assume equality in relations and the creation of a separate regulatory legal act in this area is not required.

For the implementation of public-private partnership projects in various socially significant sectors of the economy, such forms are distinguished as public-private partnership in the field of education; public-private partnership in the field of healthcare; public-private partnership in the field of culture; public-private partnership in the field of transport infrastructure; public-private partnership in the field of housing and communal services, as well as other intersectoral projects (region).

The most common classification is the division of public-private partnership forms according to the sequence of project implementation stages and the scope of competencies.

In accordance with the role of the state in public-private partnership relations, partnerships with a passive, active role and equal relations are distinguished. According to the terms of project implementation, public-private partnerships are classified as follows: with a limited implementation period; with the deadline for achieving the goals and objectives of the project; indefinite implementation period. On the basis of the innovative component, partnerships are identified that are implemented in order to obtain an innovative effect; implemented on the basis of an innovative product existing on the market, which allows achieving a secondary innovative effect; as well as public-private partnerships that do not have an innovative component and are characterized by traditional business conduct.

Thus, it should be noted the variety of forms and models of public-private partnership classifications currently existing in the economic literature, which negatively affects the understanding of business structures of their advantages and disadvantages. Considering the foregoing, it is proposed to systematize the identified forms and models of public-private partnership, shown in Table. one.

Given in table. 1 classification of forms and models of public-private partnership allows you to select the necessary model and form in the specific economic conditions of their implementation. Within the framework of this classification, the following models are distinguished with the peculiarities of their content: the operator model, the cooperation model, the concession model, the contractual model and the leasing model. The content of each model differs in property relations, the order of interaction, forms, mechanisms and areas of application.

Table 1. Classification of forms and models of public-private partnership

	Operator model	Cooperation model	concession model	Model negotiable	Leasing model
Property Relations		Property - private-state; management - private-state; financing - public-private	Property - state; management - private-state; financing - public-private	Property - private-state; management-private; funding is private.	The property is private; management - private-state; financing - public-private
Order of interaction	Separation of responsibility under the control function of the state	Joint project campaign of a private investor and the state	Long-term interaction between the state and business on the basis of a concession, the exclusion of the transfer of ownership to private business structures	Implementation of activities on the basis of the conclusion of various types of contracts with the involvement of state property	Joint activities based on leasing agreements, under which private business structures transfer property to the state
	contract form	contract form	concession form	contract form	contract form
Mechanisms		BOT, DBFO, BOOT, BOO, ROT, LROT, etc.		BOT, DBFO, BOOT, BOO, ROT, LROT, etc.	BOT, DBFO, BOOT, BOO, ROT, LROT, etc.
Scope of application	Housing and communal services, infrastructure	Socio-cultural sphere, infrastructure	In all sectors of the national economy, in accordance with the legislation of the Russian Federation, innovations, development of territories	Energy, infrastructure	Construction and operation of public buildings, infrastructure

It should be noted that within the framework of the designated models, the roles of the state and business structures are strictly delineated and give a certain socio-economic effect when fulfilling the terms of the public-private partnership agreement, coordinating the interests of the parties in achieving the goals of the project and forming mechanisms for eliminating the internal contradictions of the partnership.

It should be noted that it is difficult to choose the most effective and expedient model of public-private partnership, which is due to the specific features of management levels (regional aspect) and types of economic activity (industry aspect). The existing legislation limits the use of the whole variety of world experience in building interactions between the state and business structures.