scholarly journals SUPPLY AND DEMAND FACTORS OF THE STATE AND BUSINESS ON PUBLIC AND PRIVATE PARTNERSHIP

2021 ◽  
pp. 126-132
Author(s):  
T. V. Tischenko
Keyword(s):  
Public Procurement ◽  
Supply And Demand ◽  
The State ◽  
Public And Private ◽  
Private Partnership ◽  
Factors Affecting ◽  
Private And Public ◽  
The Subject ◽  
The Russian Federation ◽  
Near Future

The subject of the study is public–private partnership (hereinafter – PPP) mechanisms in the modern economy of the Russian Federation. The article considers economic factors affecting the demand for PPP mechanisms in Russia from the state and business. The paper carries out a comparative assessment of the supply and demand of PPP and alternative mechanisms of interaction between the state and business. The study reveals that PPP does not have significant advantages in comparison with traditional public procurement or leasing. According to the results of the study, the author makes a forecast that in the near future we should expect a significant reduction in the volume of private and public co-financing of projects implemented on the basis of PPP. Assumption by state additional obligations to finance projects in the absence of budget restrictions can increase the demand for PPP on the part of business.

scholarly journals FEASIBILITY STUDY OF PUBLIC-PRIVATE PARTNERSHIP / VIEŠOJO IR PRIVAČIOJO SEKTORIŲ PARTNERYSTĖS GALIMYBIŲ ANALIZĖ

2011 ◽  
Vol 15 (3) ◽  
pp. 257-274 ◽  
Author(s):  
Ieva Meidutė ◽  
Narimantas Kazimieras Paliulis
Keyword(s):  
Dispute Settlement ◽  
Public Procurement ◽  
Legal Framework ◽  
Public Private Partnership ◽  
Public Infrastructure ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private And Public ◽  
Dispute Settlement Procedure

Public-private partnership may cover various forms of partnership, viz. as the property of the private sector in the state of municipal activities or information and consultations between the public and private sectors, also as an unconventional method of public procurement when the public and private sectors enter into a long-term contract on the establishment of public infrastructure or the provision of public services. The most important thing in implementing PPP projects is to properly draw up the contract between the public and private partners, which should explicitly state all terms and conditions, undertakings and liabilities, evaluate risks, determine the payment mechanism and dispute settlement procedure, etc. In order to reduce any risk associated with such projects, a proper legal framework should be developed, which would provide liabilities and undertakings of both parties of the project (the private and public sectors), and more information should be disbursed as to how such projects are being implemented, what the structures of financing are, and what the benefit of such projects is. Santrauka Viešojo ir privačiojo sektorių partnerystė gali apimti įvairias partnerystės formas: kaip privačiojo sektoriaus nuosavybė valstybės ar savivaldybių veikloje ar informavimas ir konsultavimas tarp viešojo ir privačiojo sektorių, taip pat kaip netradicinis viešujų pirkimų būdas, kai sudaroma ilgalaikė sutartis tarp viešojo ir privačiojo sektorių dėl viešosios infrastruktūros sukūrimo ar viešųjų paslaugų teikimo. Vykdant VPP projektus būtina tinkamai parengti sutartį tarp viešojo ir privataus partnerio, kurioje turi būti vienareikšmiškai apibrėžtos visos sąlygos, įsipareigojimai, atsakomybė, įvertintos rizikos, atsiskaitymo mechanizmas, konfliktų sprendimo tvarka ir t. t. Siekiant sumažinti bet kokią su tokiais projektais susijusią riziką, reikia suformuoti tinkamą teisinę bazę, kuri numatytų abiejų projekto šalių - tiek privačiojo, tiek valstybinio sektoriaus - atsakomybes ir įsipareigojimus, bei teikti daugiau informacijos, kaip tokie projektai vykdomi, kokios finansavimo struktūros, kokia gaunama nauda.

scholarly journals Private vs. Public Principles in the Regulation of Physical Culture and Sports Relations

2021 ◽  
Vol 2021 (3) ◽  
pp. 251-258
Author(s):  
Ekaterina Kovalenko ◽  
Nadezhda Tydykova
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Physical Culture ◽  
Structural Method ◽  
Modern Theory ◽  
Sports Law ◽  
Public And Private ◽  
Private Partnership ◽  
Legal Method ◽  
Private And Public

The research objective was to find the optimal ratio of private and public principles in the regulation of physical culture and sports relations. The authors used the method of induction to analyze the general approaches to the essence of private and public principles in the modern theory of law. At the present stage, their optimal balance is necessary. The systemic-structural method made it possible to present private and public aspects through their specific manifestations, i.e. institutions of responsibility, control, and partnership. The methods of critical analysis were used to question some of the official positions regarding the institution of public and private partnership and the strengthening of criminal liability. The comparative legal method demonstrated the similarities between the ongoing processes in the sports law abroad and in Russia. The public principles in the regulation of sports relations need to be expanded by expanding the scope of social functions of the state. Some specific cases provided a positive assessment of the increase in the private law mechanisms in terms of the relative autonomy of various sports and the development of the institution of public and private partnership. An appropriate legislative framework would guarantee the rights and legitimate interests of private investors and help the state to achieve socially significant goals. The research results can expand the scientific understanding of sports law and serve as material for lawmaking. Thus, the balance of private and public principles in the regulation of physical culture and sports relations is in the shift of the role of the state from control towards the expansion of obligations to implement its social function. However, the expanding scope of private methods, which is natural for this stage, requires restrictions.

scholarly journals ATTRACTION OF INVESTMENTS USING THE OFFSET AGREEMENT

2020 ◽  
pp. 98-104
Author(s):  
A. Y. Petrakov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
The State ◽  
Private Partnership ◽  
Federal Level ◽  
Investment Volume ◽  
The Subject ◽  
Investment Agreement ◽  
The Russian Federation

The article is devoted to an offset agreement (a state agreement which is providing for counter-investment obligations of a supplier-investor to create or modernize and (or) develop production of goods in the territory of a subject of the Russian Federation to provide the state needs of a subject of the Russian Federation). In addition to the legal regulation of offset agreements, their subject composition is also determined, and the features of their conclusion are highlighted. The study analyzed all 4 offset contracts currently signed in Moscow and the Moscow region. According to the author, the offset agreement is an investment agreement, and the interaction of the subject of the Russian Federation and the supplier-investor in the implementation of the offset agreement can be qualified as a public-private partnership that is beneficial to both the state and business: the benefits that are received by the subject of the Russian Federation and the supplier-investor are given. As an improvement of the legal regulation of offset agreements, the author suggests providing for the possibility of concluding them at the federal level, as well as differentiating the minimum investment volume depending on the level of socio-economic development of the subject of the Russian Federation. The conclusion is made that public-private partnership, carried out in the analyzed form of agreement, is a promising mechanism for attracting investment in the constituent entities of the Russian Federation.

scholarly journals The identity of the subject who commits crimes in the field of public procurement for municipal or state needs

2021 ◽  
pp. 217-221
Author(s):  
Vasily Dolinko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Procurement ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation

The article deals with the issues of the identity of the subject who commits criminal acts in the field of public procurement for municipal and state needs. The state and its law enforcement agencies reliably protect the economic security of our sovereign country, effectively countering crime in the field of state procurement, protecting the economic sovereignty of our country, protecting our state from the destructive impact of external and internal threats and factors, from dangers and various negative challenges and risks in the field of economic security of the Russian Federation.

scholarly journals Interaction System of the State and Business in the Regime of Public-Private Partnership in the Pharmaceutical Complex of the Russian Federation

2021 ◽  
pp. 16-22
Author(s):  
Natalia S. Klunko ◽  
Anastasia E. Lobanova
Keyword(s):  
Russian Federation ◽  
Access To Medicines ◽  
Public Private Partnership ◽  
The State ◽  
Pharmaceutical Sector ◽  
Public And Private ◽  
Private Partnership ◽  
Services Delivery ◽  
The Russian Federation ◽  
Economic Partnership

The issue of interaction between the state and business in the mode of public-private partnership in the pharmaceutical complex of the Russian Federation is investigated. The concept of "state" and "business" is defined, the forms of interaction between the state and business are considered, the concept of "public-private partnership" is defined, the main features of public-private partnership in general and in the pharmaceutical complex in particular are identified, the goals and investments of partners in public-private partnership in the pharmaceutical sector, studied the prospects for the development of public-private partnership in the pharmaceutical sector of the country as a form of interaction between the state and business. The researcher also researched economic, legal and organizational partnership. One of the types of economic partnership in this area of activity is а public-private partnership. Public-private partnership in the pharmaceutical sector of the Russian Federation is а cooperation for a specified period between the state and the private sector on the basis of which, by combining the experience and expertise of the state and business, sharing financial risks and benefits, socially significant programs and projects in the pharmaceutical sector is implemented. It has been established that the subjects of interaction between business and the state in the form of public-private partnership are public and private partners, who, when participating in this type of interaction, set different goals and play different roles. It has been revealed that this type of partnership has great development prospects, which will contribute to increasing the competitiveness of the pharmaceutical sector, modernizing the health care system, improving the quality of health services delivery and access to medicines. The development of public-private partnerships as a form of interaction between the state and business in the pharmaceutical sector is an effective mechanism for the modernization of the industrial national sector.

Public-Private Partnership in Conditions of Innovative Development of Kazakhstan

2020 ◽  
Vol 11 (4) ◽  
pp. 1388
Author(s):  
Zarina B. SADYKOVA
Keyword(s):  
Subject Matter ◽  
Public Private Partnership ◽  
The State ◽  
Public Private Partnerships ◽  
Innovative Development ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
The Subject ◽  
Innovative Potential

The relevance of the subject matter is conditioned by the fact that the innovative development of Kazakhstan, which is based on the introduction of technological advance, the use of computer and resource-saving technologies, industrial and innovative achievements, is currently of great importance for the country's economy. Without the growth of innovative potential in the country, it is impossible to ensure the competitiveness of the economy. In this connection, further reform of the innovation development management system both of public and private sectors is necessary, and the current means of increasing their effective functioning is the development of partnerships between the state and business, which will allow to attract additional resources to the public sector of the economy, primarily investment. In such a system of relations, the resources and potentials of the state and business are combined, which helps to increase the efficiency of the use of available resources, the distribution of risks between the public and private sectors and their minimisation. The purpose of the study: The purpose of the paper is to prepare recommendations for the development of public-private partnerships in the conditions of innovative development of Kazakhstan. Leading approach to the study of the subject matter. The leading methods of researching the issues of the paper include the analysis of theoretical sources, analysis of statistics, and comparison. The analysis of statistical indicators plays a crucial role in the study, since data on the innovation level, on the development of public-private partnerships can be directly obtained from statistical databases. The results of the study. The paper discusses the concept of public-private partnerships, methods, mechanisms, stages of development of public-private partnerships in Kazakhstan, analyses the innovative development of Kazakhstan, the development of public-private partnerships, identifies issues of public-private partnerships and develops solutions to them. Prospects for further research. For the development of projects that are carried out on an innovative basis, cooperation between the state and business is necessary. Certain risks and consequences are inherent in innovative projects; therefore, such projects require private partners who agree to public-private partnerships even under unstable political, economic and social conditions, and also have corresponding production and innovative potential. Given the improvement of the regulatory framework at the national level and in the regions, increasing the attractiveness of such cooperation, and providing comprehensive support for such projects, a partnership between the state and business in the innovation sector will develop. The materials of the paper are of practical value for the development of public-private partnership in the conditions of innovative development of Kazakhstan.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Development of public-private partnerships in the regional dimension

2020 ◽  
Vol 93 (4) ◽  
pp. 133-145
Author(s):  
T. M. Barbysheva ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Large Scale ◽  
Public Private Partnership ◽  
Financial Resources ◽  
Business And Society ◽  
Private Business ◽  
Private Partnership ◽  
The Subject ◽  
The Russian Federation

Public-private partnership (PPP) in the conditions of the set strategic tasks by the President of the Russian Federation until 2030 can become one of the sources of attracting financial resources for implementation of the large-scale projects. In this regard, it is relevant to systematize the forms of PPPs and the scope of their application. Based on a study of different views on the essence of PPP, as well as taking into account the development of public administration in Russia, the author proposed the use of public-public-private partnership as a form of development of cooperation between the state, private business and society. The polyformism of PPPs is reflected in the presented classification. Based on the analysis of PPP development in the regional context, hypothesis on the correlation between the level of PPP and the socio-economic development of the subject of the Russian Federation was confirmed.

ESCALATION OF IMPORT SUBSTITUTION AS A REALITY AND A NECESSITY FOR IMPROVING THE STRUCTURE OF THE DOMESTIC ECONOMY

2021 ◽  
pp. 77-83
Author(s):  
V. V. Mishchenko ◽  
I. K. Mishchenko
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Import Substitution ◽  
The State ◽  
Domestic Economy ◽  
Provision Of Services ◽  
History Of ◽  
Balanced Structure ◽  
The Russian Federation ◽  
Key Features

The article highlights the importance of a balanced structure of the economy in terms of the ratio of the production of goods and the provision of services; the history of specialization of the Russian Federation as a state and territorial entity, the key features of its structure are considered. Modern aspects of import substitution in Russia are described. A comment is made on the program “Import Substitution 2.0”, which is based on quotas for public procurement from Russian suppliers. Some problems and negative aspects of the state of implementation of the import substitution program in the Russian Federation are reflected. It is concluded that the measures for the development of import substitution were largely unsystematic, were of a fragmented nature, and in some cases even contradicted each other. Their implementation failed to optimize the structure of the economy. A set of measures to escalate import substitution is proposed, including the priority development of specific types of goods with a certain share of sales abroad and the coverage of import substitution in the sphere of services.

Use of the public-and-private partnership agreements in the conditions of imperfection of legal regulations in the Russian Federation

2021 ◽  
pp. 55-62
Author(s):  
I. S. Polyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Legal Regulations ◽  
Infrastructure Projects ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Investments ◽  
The Russian Federation

The objective of this research is to consider some controversial issues of the development of public-and-private partnership (and concession agreements as its most common form) in Russia. Some complaints made by Federal Antimonopoly Service of the Russian Federation to some infrastructure projects are reviewed. The author studied dynamics of private investments into infrastructure projects in the conditions of imperfect legal regulation. The assessment of the validity of the position of Federal Antimonopoly Service is given. It is predicted whether the legislative collisions will prevent the growth of private investments into infrastructure. Recommendations on the development of the mechanism of public-and-private partnership with the observance of antimonopoly regulation, as well as recommendation on the improvement of the legislation in this area are developed. The results of the research can be used by both private participants of public-and-private partnership and the federal, regional and municipal authorities, and also by legislators working on the improvement of the legislative regulation in this area.

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