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Rus

10 марта 2021

Public-private partnership (PPP)

 

 

Public-private partnership (PPP) is a mutually beneficial cooperation between government bodies and entrepreneurs in industries traditionally related to the responsibility of the government on the basis of the distribution of risks, benefits and costs, rights and obligations determined in the relevant agreements.

 

PPP is regulated by the Law of the Republic of Kazakhstan" On Public-Private Partnership " of October 31, 2015 and the Law of the Republic of Kazakhstan "On Concessions" of July 7, 2006 in cases of implementation of concession projects that are one of the varieties of PPP.

PPP is implemented in all sectors (spheres) of the economy. However, it should be noted that objects, the list of which is determined by the Government of the Republic of Kazakhstan, cannot be transferred for the implementation of PPP.

PPP projects are divided into projects of national and local significance. The type of PPP project is determined depending on which (republican or municipal) ownership of the property is formed as a result of the implementation of the PPP project, as well as on who is the recipient of the benefits from the PPP project.

 

 

The private partner is defined in the following ways:

competition (open competition, competition in a simplified manner and using two-stage procedures). However, the competition to determine a private partner may be closed in respect of objects, the list of which is determined by the Government of the Republic of Kazakhstan;

direct negotiations;

an auction.

The selection of a private partner by the method of conducting a tender in a simplified manner is carried out exclusively for local PPP projects.

To participate in a tender (auction) or direct negotiations to determine a private partner, a potential private partner must meet the following qualification requirements:

•have legal capacity (for legal entities) and civil capacity (for an individual entrepreneur);

•be solvent, do not have a tax debt exceeding six times the monthly calculation index established for the corresponding financial year by the law on the republican budget and effective as of January 1 of the corresponding financial year;

•have the financial and (or) material and (or) human resources necessary to fulfill the obligations under the PPP agreement;

•have their own funds that make up at least twenty percent of the value of the PPP object.

 

The PPP project can be financed at the expense of:

•the private partner's own funds;

•funds borrowed in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

•state budget funds;

•funds of quasi-public sector entities;

•other means not prohibited by the legislation of the Republic of Kazakhstan.

 

The PPP project can be financed at the expense of:

- the private partner's own funds;

- funds borrowed in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

- state budget funds;funds of quasi-public sector entities;

- other means not prohibited by the legislation of the Republic of Kazakhstan.

Disputes related to the execution and termination of the PPP agreement are resolved in accordance with the procedure established by the Civil Procedure Code of the Republic of Kazakhstan and the PPP agreement.

 

In the case of PPP projects of particular importance, if the private partner is a non-resident of the Republic of Kazakhstan, the arbitration is determined by agreement of the parties to the PPP agreement. With regard to concession projects of special significance, if at least one of the shareholders (participants) of the concessionaire is a non-resident of the Republic of Kazakhstan, the arbitration is determined by agreement of the parties. In other words, for PPP projects and concession projects of particular importance, arbitration in these cases may be foreign by agreement of the parties.

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