Public-private partnership (PPP)

In order to attract investments, the State Duma has adopted law on public-private partnership (PPP). However, this law operates in the same field as the law on concessions, and it is quite difficult to find differences between these laws without legal support.

Since during implementation of major investment projects each party must be protected, our law firm supports companies in the framework of concession agreements and projects of public-private partnerships at the federal and regional levels.

Our counsels can participate at the stage of negotiations while choosing the form of cooperation between business and government in the form of concession agreement or in the form of PPP.

The first step is to choose the form of cooperation since the Law on Concessions and Law on Public-Private Partnership regulate similar relationships.

For example, Law on Public-Private Partnership establishes an exhaustive list of objects of the agreement:

  • highways;
  • bridges;
  • public transport (except metro);
  • railway transport facilities;
  • ships and aircrafts;
  • airports;
  • sea and river ports, etc.

At the same time it is prohibited to conclude public-private partnership agreements in respect of thermal energy sources, heating networks and water supply facilities.

The concession agreement is the only form of PPP for such objects.

In connection with adoption of this law, correspondent changes shall be introduced in the Land, Urban Development, Water and Forest Codes of the Russian Federation, Subsoil Law, assessment activities and other legislative acts of the Russian Federation which, of course, shall be taken into account in implementation of investment projects.

Within the framework of services on legal support of public-private partnership, Moscow Law office Attorneys Group performs:

  • consulting on public-private partnership issues;
  • drawing up and legal review of contracts;
  • participation in negotiations, representation of interests of clients;
  • development of legal structure of a project;
  • identification and assessment of legal risks;
  • legal support of government projects;
  • conduct of legal due diligence.
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