Law and Regulatory Aspects of Public–Private Partnerships: Contract Law and Public Procurement Law

Author(s):  
Christina D. Tvarnø
Author(s):  
S.N. Kovalenko

This article examines in detail the aspects of the regulatory organization of the procurement procedure in the field of healthcare, examines the rights of the parties to the procurement, their obligations and responsibility for violations of the terms of the contract for the supply of goods and (or) services. In addition to the regulatory aspects, the process of purchasing medical goods and goods for the needs of a medical institution is considered. The contract for the supply of pharmaceutical products is analyzed. On its basis, the analysis was carried out, according to the normative legal acts on the compliance of the performance of both parties of their powers and duties, comments were formed that can be regarded as a violation of the legislation of the Russian Federation.


10.4335/81 ◽  
2009 ◽  
Vol 7 (2) ◽  
pp. 197-207
Author(s):  
Vesna Kranjc

Through the public procurement rules, protection of competition, equality of choice and transparency of the procedure in relationships between the public and private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public and private sectors cannot be subject to strict and formal rules on public procurement primarily due to the special nature of business operations, complexity and duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature and the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships. KEYWORDS: • protection of competition • public-private partnership • concession • European Union


2012 ◽  
Vol 52 (No. 9) ◽  
pp. 397-400
Author(s):  
R. Jurčík

Public-Private Partnerships (PPPs) are based on co-operation between the public and private sector. The reason for using it is a lack of public financial sources. For this reason, in most PPPs the management and financing of the project is entrusted to the private sector. In the Czech Republic, the widest development area for PPPs in the scope of the Ministry of Agriculture is probably water supply. The further areas for using of PPPs in the scope of this Ministry are the following: forestry, flood protection, adjustment of water flow, security of water sources, builging of the strategic foodstuff store. Important attempts have been made within the last year to increase the implementation of PPPs in water supply. These attempts are based on operation models similar to the BOT (Build Operate Transfer) and the DBFO (Design Build Finance Operate). In addition, the Czech Parliament adopted a law No. 139/2006 Coll., on concessions procedure and concession treaty which entered into force in July, 1<sup>st</sup>, 2006 and which brings the legal framework for realisation of the PPPs. There are some legal barriers which limited wide using of the PPPs. It is in the case of public-private venture companies (the limitation is&nbsp; in public procurement law). Public-private venture companies &ndash; which refer to the situation where both the private and the public sector holds equity, and, consequently, the company is controlled by the private as well as the public sector &ndash; should be the ideal form of PPPs in the areas which are in the scope of the Ministry of Agriculture.&nbsp;


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