Analytics Publications Public-private partnership

6
June
2016

Formation of concession conditions: legislative conflicts

Over the past few years, the numbers of developed and launched concession projects have significantly increased, along with which the conditions and legal instruments of concession agreements have grown more complicated, together with other contract documentation. In addition to this, the use of certain contractual arrangements may lead to conflicts with concession and civil legislation and, consequently, increased risks for the parties.

Securities Market
26
February
2016

How to calculate fees for over-weight transport

Who should pay, and how much should be paid for vehicles weighing more than 12 tons? Is it possible to include such payments as operating expenses? What documents are needed? And what penalties await the violators? Details in this article.

Сollective of authors, VEGAS LEX
Uchet v stroitelstve (Accounting in the construction)
22
September
2015

Overview of changes to legislation in July-August 2015

This summer, the Russian State Duma adopted a number of important laws, some of which will be introduced to you in the new survey. With the adoption on 01 July 2015 of the law on PPP, new players may appear on the established concession projects market, which will come out with new initiatives in the PPP field. Moreover, the novel amendments in this law will have a significant impact on regional PPP-projects markets. Employees will now be able to apply for recognition of their employer as insolvent (bankrupt). For actions that have caused failure to fulfil obligations under a state contract, and cause substantial harm to legally protected interests of society and the state, severe administrative fines will be levied. Legal entities registered in a territory, not requiring the disclosure of information on financial operations in relation to legal entities, are prohibited from participating in state tenders. Citizens of the Russian Federation, starting from 01 January 2016, will have the so-called “right to be forgotten” – the right to require an operator of a search engine on the Internet to stop the issuance of links that allow access to personal information.

Alexander Sitnikov, Managing partner
Business of Russia
11
March
2016

There is no alternative to a concession

Concession as a form of cooperation between investors in the field of transport infrastructure is currently impossible without competition. In the future, an alternative will appear in the form of the adopted in July 2015 Federal Law No. 224 “On public-private partnerships”. The current situation is as follows – if a project can be implemented on the basis of a concession agreement, with all other things being equal, it is worth choosing this format.

Irina Nikolaeva, Junior associate, Energy practice
RZD-Partner
5
February
2016

Law on PPP: new opportunities for infrastructure projects

On 01 January 2016, a new opportunity appeared for structuring infrastructure projects, when the Federal Law No. 224-FZ, dated 03.07.2015, “On public-private partnerships and municipal-private partnerships in the Russian Federation and the introduction of amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as the “Law on PPP”) came into force. It was approved back in July 2015, and during the last six months became the focus of most participants in the infrastructure projects market, as well as all constituent entities of the Russian Federation, which by the middle of 2016 must bring their regional laws into compliance with this federal law. A key issue arising from the adoption of the new Law on PPP at the federal level – is how it will affect projects currently being implemented or planned for implementation in the future. Projects started before its adoption, based on regional laws on PPP, it is assumed will have to be restructured (to bring their agreement into line with the newly adopted law). The planned or already developed, but not yet started projects will need to be structured on the basis of the new law. To learn more about the future prospects and differences between PPP projects and projects under concession agreements, please read this report.

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