Complete Expertise

Federal legislation

 

In 2010 members of Center Expert Council (Y. Tuktarov “Liniya Prava” etc.) participated in development of Federal law “Project Finance”.

From 2010 till 2011 the Center experts were taking part in development of amendments to Federal law “Concessions” (Y. Tuktarov “Liniya Prava”, D. Tvardovskiy Ministry of Transport).

In 2011 the Center Expert Council launched the initiative of “PPP Development in Russia” Conception with substantiation report for Ministry of Economic Development.

 

Regional legislation

Vladimir region

 In September 2011 members of the Center Expert Council have held a “PPP in Vladimir region” Bill expertise. Overall result is that Bill meets the main issues of PPP regulation in Russian and international practice and introduces a great base to launch PPP projects in the region.

 

Nizhniy Novgorod region

 On 15th of February 2010 Nizhniy Novgorod authorities with the initiative from PPP Development Center have held open deputy auditions on project Bill “PPP in Nizhniy Novgorod region”. First Vice Governor V. Ivanov and Assembly speaker V. Lunin moderated the event. State Duma and Assembly deputies, regional authorities, PPP Center experts including consultants and investors attended the event.

 “PPP in Nizhniy Novgorod region” Bill passed on 25^th of February 2010.

  

Lipetsk region

On 5th of August 2010 in Lipetsk PPP Development Center jointly with the Lipetsk authorities has held expert meeting on topic “PPP in Lipetsk region: legislation, investment, infrastructure”. The event was dedicated to key issues of PPP development in the region and “PPP in Lipetsk region” Bill. More than 70 experts attended the event: regional authorities, municipals, federal officers, consultants, banks and work group on energy efficiency at Presidential Commission.

 Amendments preparation to “PPP in Lipetsk region” Bill was made with attendance of PPP Center Expert Council members from EBRD, Deloitte, Freshfields Bruсkhaus Deringer etc.

 

Voronezh region

In December 2010 PPP Center Expert Council made comments and recommendations to project Bill  “Public-private partnership projects in Voronezh region”, which was developed by “Regional Legislation Institute”.

Submitted package of amendments and additions is aimed at basic definitions, legal forms, PPP project participants etc.

Sverdlovsk region

In April 2011 the Center's legislation development workgroup under leadership of the Expert Council member Ella Gimelberg studied the law project “On investment fund of Sverdlovsk region” . As a result, a number of contradictions with federal legislation have been revealed.

Experts came to a conclusion, that the Budget Code of Russian Federation does not provide grounds for a regional government to have an investment fund, because the Code regulates legal relations only for the Federal Investment Fund. Which means that establishment of regional investment funds pursuant to Russian Government Decree contradicts with existing budgetary legislation. Position of the Ministry of Finance of Russian Federation at that time was that the budgetary discipline and autonomy of a regional budget is limited to a closed list of empowerments, which does not include the right to establish funds or programs. According to the source at the Ministry of Finance, the legislative initiative to amend the Budget Code should come from the Ministry of Regional Development or Ministry of Economic Development.

On condition that the Budget Code is not changed by the end of 2011 then coming of the next year will stop consideration of regional investment projects. That is because failure of ministries will result in an inability to fulfill previously approved Regulations.

On May 11^th 2011 “Russian Business Consulting daily” published an article “150 billion rubles of regional investment are outlawed’, based on assessment of the Expert Council.

Government has responded to the comments of the Center’s experts immediately: on the same day D. Kozak, Deputy Chairman of the Government of the Russian Federation, issued the request for urgent consideration of this issue and the need for revisions in budgetary legislation. On May 20^th Department of budgetary policy and methodology of the Ministry of Finance sent further amendments to the budget code of the Russian Federation to the Ministry of Economic Development.

The Ministry of Finance concluded,”Budget legislation of the Russian Federation does not have the legal basis for the establishment of regional investment funds. Under such circumstances implementation of Government resolution < №880 30.10.2011г. > is impossible. It is proposed to set the right of establishment  regional investment funds in the budget code of the Russian Federation».

 

Perm region

PPP Development Center took part in preparation of regional law on PPP in Perm region.

Work group on law project “Public-private partnership in Perm region” was formed in November 2010 in government. Not only authority officers joined it but Perm region deputies, scientists, and business representatives as well.

Tender on regional PPP Bill development was held by EBRD. And representatives of winner law firm Gide Loyrette Nouel are in Center Expert Council. It's planned that Bill will be passed until the end of 2011.

In July 2011 PPP Development Center has finished the PPP Bill expertise.

 

Oryol region 

In August 2011 PPP Center Expert Council made comments and recommendations to project Bill  “Public-private partnership projects in Oryol region”.

Submitted package of amendments and additions is aimed at basic definitions, legal forms, PPP project participants etc.

Expertise of regional Bill was made by PPP Center Expert Council members from Law Firm   “Liniya Prava” and “FBK Legal”.  

 

Volgograd region

In August 2011 PPP Center Expert Council has held an expertise on the topic “Volgograd region taking part in public-private partnership”.

 Amendment preparation to legislation was bade by Expert Council Members: Yuri Tuktarov (law firm “Liniya Prava”), Andrei Shkadov (FBK Legal), Valeria Grigoreva (Megapolis-legal), Mark Shabashevich (KPMG), Aleksandr Dolgov (Gide Loyrette Nouel), Constantin Makarevich (Gide Loyrette Nouel), Ilya Skripnikov (Magisters), Aziz Azimov (CMS International).