scholarly journals Concession Agreements in Heat Supply

2020 ◽  
Vol 17 (3) ◽  
pp. 53-62
Author(s):  
Lidia Makarova ◽  
Elena Nevzgodina

Introduction. In the West, concessions are the most common form of public-private partnership in such sectors of the economy as telecommunications and communications (60 %), energy production and distribution (19 %), transport (18 %), and water supply (3 %). As a form of public-private partnership concession agreement pursues the goal of involving private investment in the creation, reconstruction, modernization of socially significant publicly owned facilities. Based on public interests, government will determines the goals and parameters of the concession project and takes control over its using, and the concessionaire takes on operational activities (development, financing, creation, use, management, provision of services to consumers). Purpose. The purpose of this article is to conduct concessions, including the content concluding, amending and terminating a concession agreement in the field of heat supply. Methodology. Achieving this goal was achieved through the use of general scientific and particular scientific research methods: dialectical, formal logical, systemic-structural, comparative legal, technical-legal, linguistic, scientific analysis method. Results. The historical aspect of the formation of the concession and the analysis of concession models leads to the conclusion that this legal framework is the most effective alternative of public-private partnership in relation to socially significant infrastructure facilities. Conclusion. Today, there is a process of implementation of the concession mechanism in Russia, the state is interested in partnerships with private capital in weak investment areas. However, society and business have incomplete understanding of the essence of the concession, the practice of its application. The transition to a concession system means a change in the essence of relations between the state and business in both legal and economic contexts. The implementation form of the concession agreement should fix the balance and mutual interest of the parties in the application of the most effective, modern and technological methods of construction, reconstruction and use of facilities, as well as the provision of quality services to consumers.

Management ◽  
2020 ◽  
Vol 31 (1) ◽  
pp. 25-37
Author(s):  
Danyil V. Laponoh

Introduction. The active use of the institution of public-private partnership (PPP) allows us to distinguish PPP from the totality of financial and economic relations between the state and the private sector based on the principles of equality and freedom of PPP participants, stability of the agreement and its flexibility, responsibility of the parties, competitiveness, non-interference, incentive and guarantees, retribution.The research hypothesis. The algorithm for selecting and assessing the effectiveness of projects in the road transport market to select the most effective form of financing with the participation of the state and the private sector will create conditions for attracting private investment in the development of transport infrastructure on the basis of public-private partnership.The purpose of this article is to improve the system of public-private partnership in the market of road transport services.The methodology of the study: expert, statistical, comparative, factor and scenario analysis; empirical data analysis using grouping, generalization methods.Results. An algorithm for selection and evaluation of the efficiency of projects in the sphere of the road service market to select the most effective form of financing with the participation of the state and the private sector has been proposed and tested, in particular: four alternative options for project financing to select the optimal one (state order, life cycle contract (LCС) without extra-budgetary financing, LCС with extra-budgetary financing, concession agreement); clarification of the methodology for evaluation of commercial, socio-economic and budgetary indicators of the road service market.Conclusions. Theoretical provisions developing the methodological basis of public-private partnership were formulated, including: the concept of public-private partnership was defined and its main principles were highlighted; classification of PPP forms and models was proposed taking into account the existing world and national practice; methodological tools for evaluation of PPP projects efficiency were improved.


2018 ◽  
pp. 87-98
Author(s):  
Veronika Pobedonostseva ◽  
Galina Pobedonostseva

At the article the main forms of interaction between the state and business in applying the experience of public-private partnership in Russia and abroad are elucidated. The decision of a problem on realization of the project of a heat supply in one of cities of Murmansk region is considered. The issue of a mechanism for financing large-scale projects using project financing on the basis of public-private partnership in world practice is elucidated. Conclusions about the expediently of applying public-private partnership as a mechanism for interaction between business and the state are drawn.


2021 ◽  
Vol 17 (3) ◽  
pp. 339-348
Author(s):  
Vitaly Maximov

The article is devoted to the problems of sustainable development of social infrastructure and social services, which are beyond the effective demand of large cities, cannot develop according to market laws, and provide the necessary level of infrastructure fullness. Despite 45.9% of private companies in the social sectors, the vast majority of real estate objects continue to be owned by the state, forming the need to find economic mechanisms for the development of state social infrastructure, outside of limited budget opportunities. The possibility of attracting private investment in new construction and reconstruction without alienating the ownership right to it makes public-private partnership (PPP) and the economic mechanism based on it have no alternative. However, its practical application suffers from asociality, leading to the appearance of state-owned facilities where private investors conduct exclusively commercial activities. The apparent budget savings lead the state, judicial and supervisory authorities in such territories to a strategic failure, reducing the number of state facilities operating at state prices, ignoring the requests of the population for affordable social infrastructure, increasing social tension in society. This work is aimed at studying the irrational behavior of private investors, the stability of which is provided by the PPP mechanism, where the state determines the necessary level of the sociality of infrastructure objects that best corresponds to the existing stratification of residents of a certain territory through competitive procedures and essential conditions of the future project. It is necessary to continue research on improving federal legislation, whose social neutrality leads to conflicting expectations of the parties from PPP, adding sensitivity to a wide range of risks, repelling private investment and investors, limiting infrastructure development only to budget opportunities. The development of an economic mechanism that ensures finding a balance of accessibility and market rationality of social facilities is not an easy task, which has many solutions taking into account the characteristics of a particular territory and its population


2021 ◽  
pp. 126-135
Author(s):  
Tetiana Popova ◽  
Nataliia Gavkalova

Introduction. In Ukraine, in conditions of insufficient funding and too slow reforms, an inefficient health care system (HE) has developed, which is not able to fully meet the requirements of the time and overcome such negative factors as low logistics, low staff costs, underdeveloped system health insurance, etc. Goal. The purpose of the article is to specify the concept of PPP in relation to the specifics of the health sector, as well as to clarify the definition of PPP in the field of health. Method (methodology). In the process of research the methods of scientific cognition were used, in particular monographic, bibliosemantic, historical, dialectical, logical generalization, system analysis. Results. The inefficiency of public administration and financing of the health care system has been stated, which creates obstacles to improving the quality of health care. Foreign experience in attracting private investment in the industry, which will create the foundations for improving the level and quality of health care, maintaining social stability, improving citizens' access to health services. It is established that this will also have a positive effect on optimizing public spending and accelerating the reform of the industry as a whole. A new definition of the term "public-private partnership" in the field of health care has been proposed, which can be used for further scientific and practical developments. The necessity of reforming the industry with the use of alternative ways of attracting investments, namely the mechanisms of public-private partnership, is substantiated. It was found that a promising model of PPP in the field of health care can be the implementation of a private partner reconstruction of a state (municipal) medical institution, as well as obtaining the right to operate and maintain the infrastructure of such an institution during the payback period. It was found that the interaction of the state and private business in the field of health care can also be manifested in the participation of private institutions in providing free medical care to the population. Possible options for cooperation between the state and business within the PPP in the field of health care in Ukraine are considered. Priority is given to the development of health infrastructure based on attracting private investment and long-term interaction between the state and business.


Author(s):  
Alla Omelchenko ◽  
Petro Poidin

This article is devoted to the study of public-private partnership in the field of green development. It addresses the issue of public-private partnership as a constructive form of interaction between the state and business with the participation of intermediaries represented by public organizations, foundations, agencies, etc., and aimed to establish relations between the public and private sectors in accordance with the rules of environmental legislation. There is analyzed The Law of Ukraine "On Public-Private Partnership", which gives legal grounds for the emergence of such relations in Ukraine. It is shown there are no environmental safety in the area where public-private partnership mechanism is used, but there are areas directly affecting the environmental security of the territory. In this direction, the cooperation of the state and the private owner are aimed at the implementation of projects on the introduction of "green" technologies, mitigation of environmental changes, development of the recreational sphere. Connecting the best capabilities of partners in the management of security projects increases the resilience of critical infrastructures, enhances the degree of mutual trust of public and private actors, and improves security indicators in the state. There has been formed an algorithm based on the current legal framework for the implementation of public-private partnership projects in the field of environmental security, as well as there have been analyzed the forms of implementation of such projects . There is highlighted a number of conditions that impede the introduction of a public-private partnership mechanism in the field of environmental security in Ukraine.


2021 ◽  
pp. 154-162
Author(s):  
D. T. Dzgoeva ◽  
L. A. Savelchev

Objective. To study the features of public-private partnership in the field of housing and communal services in order to develop theoretical and practical recommendations for improving the mechanisms of public-private partnership in the field of housing and communal services.Results. Based on the theoretical bases and scientific methods of research, the essence of public-private partnership (hereinafter — PPP) as a special type of relationship between public and private sectors; the practice of application of mechanisms of state-private partnership in the sphere of housing and communal services on the example system of centralized water supply «Ladozhskiy vodovod Vsevolozhskogo munitsipal’nogo rayona Leningradskoy oblasti». Problems were identified and recommendations were made in five main areas related to the development of PPP projects in the field of housing and communal services.Conclusions. First, PPP is a unique type of relationship between the state and business, which allows meeting the needs of both public and private entities. Differences in the composition of obligations and functions, as well as the rights (entitlements) of the subjects of the agreement form different types of forms and mechanisms (types and schemes), as well as a number of models of public-private partnership.Secondly, the popularity of PPPs in a particular country depends on the models of interaction between the state and private investors and on the strictness of legislation.Third, on the example of a real Concession, five universal recommendations (bases) for the development of public-private partnership mechanisms in the sphere of housing and communal services were proposed: organizational component, financial instrument, risks, choice of PPP model and legal framework.


2020 ◽  
Vol 17 (4) ◽  
pp. 469-479 ◽  
Author(s):  
Yuliia Komarynska ◽  
Olha Kryshevych ◽  
Nataliya Linnyk ◽  
Vladyslav Karelin ◽  
Olena Kofanova

The article analyzes public-private partnership (PPP) as a form of interaction between state and business in the context of optimizing the Ukrainian economy. According to the results of SWOT analysis of the implementation of PPP projects in the infrastructure of Ukraine (2017–2019), the main criteria that determine the necessary model of public-private partnership were substaintiated, namely the distribution of investments, risks, obligations between the state and the private sector, the term and object of the agreement.The study analyzed the impact of economic, political, legislative and criminal processes on public-private partnerships in Ukraine. It was proved that the formation of specific allocation relations based on the interaction between public and private property is the most important feature of public-private partnership, which distinguishes it from other forms of interaction between the state and business. Advantages of PPP are as follows: the increase of management efficiency of state and municipal property objects, the reduction of tax burden on the state budget and optimization of budget expenditures on public services provision, the maintenance of budget-funded institutions, etc. It has been established that the PPP is the best alternative to privatization in order to attract private investment in strategic infrastructure facilities.


2021 ◽  
Vol 3 (9) ◽  
pp. 87-94
Author(s):  
S. V. NEZHDAI ◽  
◽  
A. Yu. LUKYANOVA ◽  
I. S. GRUZINOVA ◽  
A. A. PROSTYAKOV ◽  
...  

The article shows that, in general, cooperation between public authorities and private business is one of the most important factors that generally affect the social and economic development of territories. The powers in the field of organizational and regulatory regulation of public-private partnership issues at the federal level are considered.


Author(s):  
Vera Maria Vidal Peroni

O artigo trata das redefinições no papel do Estado, que reorganizam as fronteiras entre o público e privado e materializam-se das mais diferentes formas na educação básica pública, e suas implicações para o processo de democratização da educação. No caso brasileiro, muito lutamos no período de abertura política pela democratização com direitos sociais materializados em políticas. Mas, ao mesmo tempo em que avançamos nos direitos conquistados, também foi naturalizado que o Estado não seria mais o principal executor.Palavras-chave: parceria público-privada em educação; política educacional; democratização da educação.The article deals with the redefinitions of the role of the state, which reorganize the boundaries between public and private that materialize in many different forms in basic public education, and their implications for the process of democratization of education. In the Brazilian case, we have struggled so hard since the so-called ‘opening period’ of political democratization with social rights materialized in public policies. However, while we have advanced in the conquered rights, at the same time the idea of the State as the main provider no longer prevails.Keywords: public-private partnership in education; educational policy; democratization of education


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.


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