Legal Regulation of Public-Private Partnership Supporting the Development of Energy-Efficient Lighting Industry

2018 ◽  
pp. 105-110
Author(s):  
Maksim Yu. Beresin ◽  
Svetlana S. Dakhnenko ◽  
Ekaterina E. Kuvshinova

The paper is devoted to certain forms of public and private partnership in the sphere of light technologies, special investment contracts, regional investment contracts, industrial parks, and industrial clusters. It studies the prospects of the development of general and special lighting considering the rise of population and its needs in high­quality social, medical and educational services. Authors analyze specific conditions of granting tax preferences to innovative companies that help to stimulate the production of high­tech goods. The authors explain why legal definitions of regional investment projects and special investment contracts need clarification. The paper specifies the conditions for setting up new productions in the territories of advanced economic development. The options of unification of legal mechanism, which regulates the creation and support of industrial parks and industrial clusters, are offered.

2021 ◽  
pp. 55-62
Author(s):  
I. S. Polyakova

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.


2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.


2019 ◽  
Vol 110 ◽  
pp. 02162
Author(s):  
Irina Polyakova ◽  
Elena Vasilyeva

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 arising from Federal Antimonopoly Service of the Russian Federation to some infrastructure projects are reviewed. The authors 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.


2018 ◽  
Vol XXI (Special Issue 1) ◽  
pp. 103-116
Author(s):  
E.O. Mirgorodskaya ◽  
G.A. Buryakov ◽  
O.V. Andreeva ◽  
A.S. Orobinsky

Author(s):  
Emma Bakhshian

The subject of this research is the theoretical and practical aspects of implementation of the regional investment projects (RIP) and special investment contracts (SIC), and prospects of their use as the instruments for incentivizing the development of innovation and industrial clusters in Russia. The article reveals the essence of cluster approach and its evolution in the Russian practice. The author meticulously examines the peculiarities of preferential tax regimes within the framework of RIP and SIC. Special attention is given to the conceptual changes of the legislation on SIC, and analysis of their impact upon the efficiency of the mechanism of SIC. The following conclusions were made: 1) preferential tax regime of RIP, being convenient, transparent and highly demanded by representatives of business sector, is presented as promising for supporting cluster participants; 2) novelties of the legislation on SIC contribute to the increase of its attractiveness for investors, including cluster participants; 3) tax regime of SIC may serve as the instrument for incentivizing such vectors of development of the cluster approach in Russia, as realization of joint projects of cluster participants, development of interregional clusters and intercluster cooperation.


Author(s):  
Shukhrat Safarov

In this article the author analyzes perspectives on the Eurasian Single Economic Space’ concerning infrastructural investment projects. These perspectives are considered with a consideration of Public-Private Partnership (PPP) principles and the traditional framework of EAEU (Eurasian Economic Union) integration. The article examines national legal differences, such as the existence of regulations for PPPs, possible models for project realization and spheres where PPP could be used.  The author also analyzes the characteristics of the most famous PPP projects in the EAEU. The purpose of the article is to identify practical recommendations for the development of public-private partnerships to further cooperation between the EAEU countries. This research stems from the study of international experiences of public-private partnerships, the adaptation thereof, and clarification of the necessary steps for the most efficient development of PPP in EAEU countries. As such, the following priority steps for EAEU countries are suggested: 1) EAEU countries should take steps to unite their respective legislative bases in terms of mutual compatibility so that public and private partners could act as inhabitants of the Union everywhere, removing not only customs barrier obstacles for them, but also additional tax restrictions; 2) EAEU countries should create an international council for problems and disputes pertaining to PPP which will include representatives of the countries of EAEU, representatives of the business and scientific communities and non-profit associations. Such a council was recommended to be set up at the United Nations during the third session of the United Nations Economic Commission for Europe on the problems of international public-private partnership, held in Geneva (Switzerland) on 18-19 April 2011; 3) EAEU countries should make use of practical experience in the implementation of interstate PPP projects. An example of a successful interstate PPP - the project for expansion and modernization of the international airport in Warsaw, through which more than 85% of all passengers of international flights have passed.


2020 ◽  
pp. 163-169
Author(s):  
N. V. Vasilenkova

The article is devoted to the description of options for economic zoning of territories as a direction of industrial development. Based on the principles of territorial zoning, the article describes the zones with a special mode of functioning, reveals the features and possibilities of improving the mechanisms of their activity. The work reveals the degree of influence of economic zoning on the functioning of the country's industrial regions, identifies the need to develop zoning tools, considers its main elements: territories of advanced social and economic development, special economic zones, industrial clusters, territories with high scientific and technical potential and industrial parks, their specific features and purposes of creation. In addition, the scientific views of domestic and foreign economists on the feasibility of zoning, its application in a certain industrial region, the features of functioning and legal regulation have been studied.


2020 ◽  
Vol 8 (6) ◽  
pp. 192-203
Author(s):  
Тetiana Sokolska ◽  
Viktoriia Panasiuk ◽  
Svitlana Polishchuk ◽  
Bohdan Osypenko

The article considers the issue of public policy formation in terms of state private partnership development as the most efficient form of interaction between public authorities, private business and science implemented on the principles of equality.The study defines the essence of the concept of ‘state private partnership (SPP), its purpose, forms, areas of implementation and characteristics from the standpoint of institutional theory and identifies the benefits of state private partnership. The partnership comprises the possibility of attracting additional financial resources that can be used for community development, the possibility to restore infrastructure, to receive quality services and socio-economic benefits and additional jobs; business and the state share the risks.The study investigates the state of public and private partnership realization in Ukraine and the leading countries and defines risks for public authorities and the private investor as well as factors constraining this process in Ukraine. These include imperfect regulatory and institutional support, lack of political will; lack of standard, simple and transparent tender procedures for SPP projects and defined priority areas for their implementation, unstable legislation on attracting foreign direct investment.The study examines the current state of legal regulation state private partnership in Ukraine and justifies the need to improve the institutional support of this process in terms of forming public policy to involve regional higher education institutions into examination of innovative projects and the staff training.The expediency of introduction of state private partnership relations as a form of cooperation between public administration bodies and private economic entities for the purpose of sustainable rural development in the conditions of decentralization of power is substantiated. In order to ensure the effective implementation of state private partnership projects, public authorities should pay attention to creating a number of mandatory general prerequisites and ensure a proper examination of documents provided by potential private partners to make sure they show the real situation through involving scientists in this process.


Author(s):  
Savina Anna Vladimirovna

We consider some issues of correlation between the theory of public law and civil law in the aspect of legal regulation of relations in the sphere of public private partnership. We analyze the definition of the concept of the agreement on public private partnership, we comprehend the issues of interaction and legal status of the participant of public private partnership, on the basis of the analysis of certain normative-legal acts of the subjects of the Russian Federation and their comparison with the budget legislation, we draw conclusions about the public nature of agreements in the field of public private partnership. We illustrate statistical information on the development of public private partnership in the subjects of the Russian Federation, identify a number of factors that determine the positive effect of interaction between the participants of public private partnership, to which we refers to the development of the institutional environment in the field of public private partnership, the quality level of legal support, improving the experience of implementing public private partnership projects. It is stated that the development of the Institute of public private partnership is essential for the economy of the country as a whole and for regions and municipalities in particular. At the same time, it is impossible to conclude public agreements without the will of the state represented by the relevant authorities. In addition, mentioning the role of private interest, it is noted that in the case of the subjects of the Russian Federation, private partners enter into relations enshrined in the laws of the subjects of the Russian Federation, where the possible forms of participation of the subject in public private partnership are clearly defined, which in a sense limits the freedom of private partners.


Author(s):  
Alexey A. Grishkovets

This article analyzes the principles of the new project of the Code of the Russian Federation of Administrative Offences in the sphere of the labor relationships. The importance of this topic lies in the fact that the draft of the new Code provides significant changes in the administrative responsibility in the study area. Its analysis is of interest to legal scholars and practitioners who use the RF Code, as it allows scientific assessment of the advantages and disadvantages of the upcoming innovations. Additionally, in theory, it can provide a better understanding of the relationship between the administrative and labor law as an illustrative example of the interaction between the branches of public and private law. This research has required using the formal-dogmatic, logical, systematic and statistical methods of cognition, which are widely used in legal science in general, as well as the science of the administrative and labor law in particular. The results show that the norms of administrative and labor laws interact closely as a result of their systematic use in certain spheres of legal regulation. One of them is the sphere of administrative responsibility for offence in the sphere of the labor relationships. Having compared the appropriate norms of the acting RF Code of Administrative Offences with the new project, the author presents the changes which will take place in legislative regulation of administrative responsibility for the offences in the sphere of the labor relationships as a result of adopting the new RF Code on administrative offences. The author concludes that after the adoption and legal implementation of the new RF Code of Administrative Offences, the legal mechanism of administrative responsibility will be noticeably improved, which will allow for more effective protection of human rights at work and ensurance of the legality in the sphere of labor.


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