Government Decree adopted regulating procedure for holding negotiations to consider proposal for PPP project implementation
Starting from January 1, 2016 Decree No.1309 dated December 03, 2015 of the Government of the Russian Federation “On approval of Rules for holding negotiations by an authorized body to consider a proposal for implementation of a public-private partnership project or a municipal-private partnership project to assess project efficiency and determine its comparative advantage” enters into effect.
This Decree adopts rules for holding negotiations between an authorized body, public partner and initiator of the project during consideration of a proposal for project implementation in order to assess its efficiency.
In particular, these rules:
- stipulate that negotiations are to be held on the initiative of the authorized body, with mandatory participation of the public partner and the initiator of the project;
- foresee an opportunity to involve third parties in the negotiations (experts, advisors and state bodies);
- provide for a procedure for holding negotiations and formalizing their results.
Based on the results of negotiations, the authorized body makes a decision on the efficiency or inefficiency of the project. Moreover, following the negotiations, the content of the proposal for project implementation can be amended upon mutual consent of the authorized body, public partner and initiator of the project.
In the event of a positive resolution, the public partner within 5 days forwards the said resolution to the state body authorized to adopt a decision to implement the project.
Should any questions arise in connection with the above or if you need any additional materials, please contact Pavel Karpunin or Rimma Tolmacheva, St. Petersburg Office of Capital Legal Services.
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