scholarly journals Meso-level investment management in transport projects with the application of the public-private partnership mechanism

2020 ◽  
Vol 208 ◽  
pp. 06019
Author(s):  
Pravkin A. Sergei ◽  
Vera V. Smirnova ◽  
Rosalina V. Shagieva ◽  
Igor V. Arkhipov ◽  
Diana V. Erofeeva

The rail freight market will develop more successfully, considering the specifics of the application of transport and investment legislation. Railway infrastructure investment can rely on selected meso-level public-private partnership models. The authors propose to use the advantages of public-private partnership, its application, considering the regional specifics on the example of the rail freight transportation market as a meso-level institution. The proposed models of legal regulation of investments in transport projects can give a systemic economic and legal effect concerning spatially extended markets. Based on the well-established guidelines for the development of models of public-private partnerships in transport projects and the unification of legislation in the world market, the author proposes ways to improve Russian legislation concerning the development of the market for the transportation of goods by rail, based on the meso-economic approach.

2020 ◽  
pp. 3-16 ◽  
Author(s):  
Nina Fridrikhovna Sirina ◽  
◽  
Vitaliy Pavlovich Pershin ◽  

The paper reveals the etymology of the Public-Private Partnership (PPP) and features of legal regulation in Russia. The authors have carried out an analysis of the main modern models of legislative management in this sphere of legal relations in foreign countries. Moreover, they consider the main projects of construction and reconstruction of the JSC RZD railway infrastructure implemented or planned for implementation on the principles of PPP. The SWOT analysis identified not only the risks of using existing forms of PPP in Russia but also the high potential of using such projects on the railway network contributing to the rapid renewal and development of public infrastructure to meet the needs of customers and the population with budget savings. However, at the present stage, methodological aspects of the legislative calculation and assessment of project efficiency, complexity of regulatory and legal interaction of parties and a process of investment return hinder the rapid implementation of PPP system on the railway transport in the Russian Federation. The authors propose a modification of direction for strategic planning of operation of investment objects through relational interaction of parties to the agreement by creating a state system of instances of PPP. For this purpose, they introduce a concept of «relation potential of Public-Private Partnership instances» that characterizes a complex availability of reserves from parties to ensure the long-term functioning of the chosen strategy. The paper provides a method of integral performance assessment of PPP project that allows analysing the efficiency of using allocated resources and assessing the potential of investment object exploitation.


Author(s):  
Svetlana Valentinovna Maslova

Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.


2020 ◽  
Vol 12 (515) ◽  
pp. 217-224
Author(s):  
V. P. Vlasova ◽  

The development of the transport infrastructure of the region remains an important task, which today is solved by means of the mechanism of public-private partnership (PPP). At present, both a sufficient institutional environment and the regulatory support for the implementation of public-private partnership projects have already been created. Kherson region, having an average level of development of transport infrastructure, de facto occupies the near-border position. Therefore, the level of development of infrastructure of the region (in particular, road economy) is of significant strategic importance for the security of the State. The main tasks for the development of transport infrastructure of Kherson region and possible directions of implementation of infrastructure projects are defined. The study showed that only two projects that are not infrastructural are implemented on the basis of PPP in Kherson region. However, the concession of Kherson seaport has been launched – this project is pilot not only in the region, but also in Ukraine. Concluding a concession agreement in seaports is a complex and long-term procedure. Important in the agreement is the determination of the amount of concession payments and the distribution of risks between the project participants. Typically, concessionaires are large international companies (cargo owners or shipowners) or domestic industrial and financial groups that dictate the terms of the contract, so, accordingly, there may be a conflict of interest. This publication defines the essential conditions of this concession project. PPP projects in the road sphere are promising, which should solve a number of problems of the region. The airport «Kherson» is described as a concession object, the scheme of the PPP mechanism concerning it is proposed. It is determined that public-private partnership in the sphere of railway infrastructure is in the process of formation and determination of forms of cooperation.


Author(s):  
Oleksandr Yermenchuk ◽  
Maksym Palchyk

This article provides systematic international experience of legal regulation of critical infrastructure protection in foreign jurisdictions. Some aspects of national critical infrastructure security systems of such as countries Germany, Spain, USA, and Denmark are described. The article determines that at national levels in different countries critical infrastructure protection is mainly regulated by national security strategies, defense strategies and other basic regulatory acts related to the functioning of critical infrastructure and its protection. The article considers aspects of legal regulation of relations in the sphere of public-private partnership and critical infrastructure protection in modern Ukraine. According to the results of the research, it has been established that in Ukraine there are documents of strategic character that regulate the implementation of public-private partnership, which should become a mutually beneficial factor that will facilitate mutual integration processes. Main directions for developing public-private partnership in the field of critical infrastructure protection in Ukraine have been suggested. Key words: public-private partnership, legal regulation, critical infrastructure, critical infrastructure protection, international experience.


Author(s):  
Mariana S. Shkoda

This paper investigates the application of a contingency approach to managing meso-level public-private partnership projects. It is argued that situational management in implementing public-private partnership projects should rely on the so-called risk-contributing factors. It is emphasized that the contingency approach in the context of public-private partnerships is based on developing a set of indicators and integral index calculation used to rank both the projects themselves and their application in terms of territorial and sectoral aspects. It is proved that the integral coefficient at the meso-level reflects the most favorable environment for doing business, including basic frameworks for realization of public-private partnership projects. According to the calculations carried out within this study, at the regional level by selected indicators, the Mykolayiv region has demonstrated the most favorable conditions. Accordingly, the Donetsk region has the highest level of transaction costs and the highest rate of project implementation risk, i. e. the absolute risk value makes up 0.482. The high risk index for this region stems from military activities, low infrastructure development, lack of sufficient production capacity and, consequently, significant commercial and administrative costs for current operations. Thus, it is concluded that the assessment and multilevel analysis based on integral indicators, absolute and relative risk indicators are sufficient for the optimal selection of public-private partnership projects upon the criterion "the lowest project implementation risk – the greatest effects in different areas of activity.


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