Рус | Eng

The IV Annual Research Conference "Public-Private Partnership in Transport Sector: Models and Experience" was held at Graduate School of Management, St. Petersburg University

 

The IV Annual research conference "Public-private partnership in transport sector: models and experience", organized by the Laboratory "Center for Public-Private Partnership Studies" was held on June 1, 2018 at Graduate School of Management, St. Petersburg University.

 

The main focus of the event is the creation of conditions conducive to PPP development in Russian transport sector. The main agenda is the formation and assessment of competencies for representatives of PPP sector, new legal and financial mechanisms for transport PPP projects, etc.

On behalf of Konstantin V. Krotov (PhD., Head of Graduate School of Management, SPbU) and Maxim Yu. Sokolov (PhD., Head of Department of Public Administration, SPbU) the conference was opened by Andrew E. Ivanov (Ph.D., Associate Professor, Department of Public Administration, SPbU, Deputy Director of GSOM SPbU Laboratory "Center for PPP Studies"). Andrew Ivanov has welcomed all participants and guests of the conference and highlighted the significance of the event as the only PPP event in Russia with professional discussions. Leading Russian experts in the field of PPP are involved into this dialogue, as well as beginner specialists – students, undergraduates and graduate students, young researchers of Russian universities.

In the framework of the plenary session Svetlana V. Maslova (Ph.D., Associate Professor, Department of Public Administration, SPbU, Head of GSOM SPbU Laboratory "Center for PPP Studies") and Andrew E. Ivanov have presented the main results of their research work in 2017: "Key issues of forming and evaluating the competencies of specialists in PPP field in transport industry”. The availability and / or high level of competencies in PPPs is one of the key factors for the success of PPP development at the national level. In practice, the lack or insufficient level of special competencies and knowledge entails: unreasonable selection of projects for their implementation through PPP, errors in structuring financial parameters and legal conditions for the implementation of PPP projects, illiterate distribution of risks, which together reduces the quality of PPP projects or generally jeopardizes their viability and realizability. The results of the research became the list and characteristics’ description of 92 competences (including the name and model of competences, as well as a list and description of competence components), the formation of which is necessary for the effective structuring and management of PPP projects in the transport sector.

In addition, the research identified the main "competence gaps" in the preparation and implementation of PPP transport projects, reviewed the international and Russian experience in the formation and evaluation of PPP competencies, developed a draft methodology for assessing the existing competencies of specialists in PPP transport sector and a draft methodology for the long-term planning of training specialists in the field of PPP, developed proposals for the content of educational programs and the content of educational seminars for the formation of competence in the field of PPP in the transport sector. A database of PPP transport projects was also created and Practical Guide for the Implementation of PPP Transport Projects was published (on the example of highways).

 

Then was made the presentation of the textbook and the anthology with co-authorship by Maxim Yu. Sokolov and Svetlana V. Maslova. The essence of the idea in the textbook "Public Private Partnership: theoretical bases and practice of application in Russia and foreign countries" is to help beginners to study this form of interaction between the public and private sector to get an initial understanding of PPPs and an undistorted understanding of the bases of such partnership. The textbook consists of 3 sections and 9 chapters, 33 paragraphs. The content is illustrated by more than 50 schemes, tables and diagrams; it uses more than 250 scientific and analytical sources. At the same time, it is important that the textbook is prepared by the authors not only on the basis of highly-cited foreign and Russian publications, but also using their own scientific and methodological developments on PPP issues, practical results of work in Russian and international expert bodies for the development of PPPs, which they carried out for many years before writing textbook. The reviewers of the textbook were Vladimir A. Mau (Doctor of Economic Sciences, Professor, Honored Economist of the Russian Federation, Rector of Russian Academy of National Economy and Public Administration under President of the Russian Federation) and Pavel.A. Brusser (Ph.D., Associate Professor, Department of Banking, International Institute of Energy Policy and Diplomacy, Moscow State Institute of International Relations University, Russian Ministry of Foreign Affairs). In the spring of this year, the textbook was translated into Chinese, negotiations are currently underway to translate it into Japanese.

The existence of a sufficient and clear legal basis is an essential element of the PPP environment, ensuring its effective application and development. Therefore, the study of the composition and content of legislation in the sphere of PPP is of great importance within the framework of the discipline "Public-private partnership". The relevant sections are included in almost all textbooks covering the basis of this form of interaction between the state and business. Understand certain provisions and requirements of Russian Federation legislation on PPP, as well as assess its merits and demerits is rather difficult without knowing the broader global context in which PPPs have emerged and started to develop.

The anthology "Public-private partnership: international, regional and national levels of legal regulation and application" contains a systematic and structured presentation of more than 30 legal acts of various countries and international organizations in the field of PPP, which reflects its main goal to disclose this context and provide the necessary methodological basis for a better understanding of the legal framework and legal content of PPPs. For the best perception and the most obvious demonstration of the revealed similarities and differences in the legal regulation of PPP, the authors of the anthology have developed a structure for the presentation of sometimes very voluminous legal acts. It includes: the composition of legislation and the subject of legal regulation of PPPs; concept, signs and principles of PPP; subjects and participants of PPP; objects and spheres of PPP; forms of PPP; sources of financing and return on investment in PPP projects; guarantees; authorized bodies and their competence; preparation and implementation of PPP projects: main stages and procedures; private initiative; PPP agreement: conditions, conclusion and termination; applicable law and dispute resolution. The reviewers of the anthology are: A.B. Chichkanov (Ph.D., Executive Vice President, Gazprombank) and I.A. Orlova (Ph.D., Associate Professor, Department of European Studies, SPbU).

 

The next part of the conference and important continuation of the topic was a round table organized jointly with "Directorate for Development of the St.Petersburg and Leningrad Region Transport System".

The main provisions of draft federal laws developed by Russian Ministry of Transport for the implementation of PPP projects with respect to checkpoints through the Russian State Border and public transport facilities were the focus of PPP debates during this round table. The main topic was: "Legislative PPP initiatives in the field of transport: real prospects or fruitless efforts?". Svetlana V. Maslova and Olga A. Potiforova (Head of PPP and External Relations Department, Directorate for Development of the St.Petersburg and Leningrad Region Transport System") moderated debates. Key legislative proposals of the Ministry of Transport of the Russian Federation were presented by S.K. Markin (Deputy Director, Department of State Policy in the field of arranging checkpoints across the state border of Russian Ministry of Transport). The successful management practice of the creation and operation of the "Electronic Queue System for Vehicles to Enter the Road Border Points across the State Border of the Republic of Belarus" was shared by I.V. Tereshchenko (Head of Software Department, Beltamozhservis). A promising practice of arranging the border crossing point on the state border between Russia and Georgia was presented by N.A. Sanakoyev (General Director, LLC SMP "Tour", investment company and checkpoint operator, as well as the TLK located at the entrance to "Upper Lars checkpoint").

The issues proposed for discussion and voting touched upon acute and non-controversial topics, among which:

  • current and priority needs of checkpoints across the State Border of Russian Federation (hereinafter - the State Border);
  • legal arguments "pro" and "contra" on the use of PPP mechanisms at checkpoints, where state control is carried out by units of border, customs, sanitary quarantine, veterinary, quarantine phytosanitary control;
  • Possible forms of PPP at checkpoints (WTO vs DBFM / 115 or 224 Federal laws);
  • alternative ways of attracting financing and advanced technologies to checkpoints through the State Border, addressing other challenges in this area;
  • Material composition of the checkpoint as an object of a concession agreement or PPP agreement;
  • Electronic reservation system for the entrance to the checkpoint through the State Border ("Electronic queue"): its purpose and owners, location and property-legal status;
  • payment mechanisms in PPP projects with respect to checkpoints through the State Border of the Russian Federation;
  • opportunities and restrictions on income generation and return of private partner investments in PPP projects with respect to border crossing points.

Leading Russian experts in the field of PPP presented their opinion on the issues raised for discussion and voting: A.B. Chichkanov (former Vice-President, Gazprombank) and A.V. Kiselev (Deputy Head, Department for Financing Infrastructure, VTB Capital); R.A. Golovanov, A.P. Andersen (PwC Legal), P.V. Karpunin (Capital Legal Services), K.I. Popov (Director, JSC "Western High-Speed Diameter"), etc.
Based on the results of the discussion and vote, PPP debate participants highly appreciated the work done by the Department of State Policy in the field of arranging checkpoints across the state border. All participants came to a common opinion on the need to continue lawmaking for PPPs with respect to checkpoints and the draft federal law after it coordination with the authorized federal bodies developed in the Parliament of Russian Federation.

 

Another discussed and no less important was the draft federal law "On Amendments to the Federal Law “On the Contract System in the Sphere of Procurement of Goods, Works and Services for Ensuring State and Municipal Needs ". It was aimed at establishing the legal grounds for concluding concession agreements with respect to transport infrastructure facilities with the subsequent realization of regular transportation of passengers and luggage by automobile and city ground electric transport. The main proposals were presented by Olga A. Potiforova and Andrey V. Sazonov (Deputy Director, Department of State Policy in the Field of Automobile and Urban Passenger Transport, Russian Ministry of Transport).

The issues proposed for discussion and voting touched on the following topics:

  • the need to expand the use of the PPP mechanism in relation to passenger transport facilities;
  • sufficiency of the existing legal regulation for defining as objects of a concession agreement / PPP agreement: road transport facilities (automobile terminals, bus stations, bus stops, bus stops, passenger landing / disembarkation platforms, driver's recreation areas), and urban land electric transport facilities trams, trolley-buses, stopping points, rails, contact networks, tram depots, trolleybus parks)?
  • the most expedient option for settling legal relations between the public and private parties in organizing regular transport operations using the PPP facility;
  • the sufficiency of the proposed changes in the Federal Law on the contract system (taking into account the MEDT draft law) to provide the investor with a guarantee of regular transportation in accordance with the concluded concession agreement / PPP agreement.

 

In a lively discussion and voting on these issues took part next participants: A.B. Chichkanov, A.V. Kiselev, E.G. Kovalchuk (Head of the Project Management Department for PPP and External Relations, Directorate for the Development of Transport Systems of St. Petersburg and Leningrad Region); R.A. Golovanov, P.V. Karpunin, L. Arutyunyan (lawyer of practice in infrastructure and PPP, Kachkin & Partners), A.V. Filimonov (General Director, PMA), D.V. Podshivalov (Head of the Sector of Legal Support for PPP projects, St. Petersburg Investment Committee), V.V. Kilinkarov (Advisor, Head of Russian practice in PPP field, Dentons), E.A. Khalikova (Head of the Tariff Regulation Department for Transportation Services, Saint Petersburg Tariff Committee), etc.

 

The scientific and expert dialogue was continued in the framework of sectional sessions.

At the section I representatives of the St. Petersburg state authorities (D.V. Podshivalov), consulting companies in PPP field (N.A. Dyatlova), research institutions of Russian Academy of Sciences (O.V. Tarasova) and educational institutions (N.V. Batalova, E.V. Gilenko, S.V. Maslova, T.A. Pantina, I.A. Orlova) discussed the most topical issues of PPP theory and practice. The discussion was focused on issues including: legal qualification of payments under a concession agreement; key changes in the legislation on PPP: improving the existing "rules of the game"; assessment of PPP perspectives in Arctic infrastructure projects; restrictions in the use of PPPs for the financing of state unitary enterprises in the sphere of railway transport; statistical analysis of the dependence of the number of PPP projects in the transport sector in the regions of the Russian Federation on various factors; PPP in the implementation of projects for the development of inland waterway infrastructure; the role of conciliatory procedures in the settlement of disputes from the relations of PPP, etc.

Within the framework of the section II students of bachelor's and master's degrees, as well as graduate students of SPbU Political Science Faculty, GSOM SPbU and SPbU Law Faculty, Ural State University of Communications, the State University of Marine and River Fleet named after Admiral S.O. Makarov, St. Petersburg State University of Communications of Emperor Alexander I and RANEPA (N.V. Alesenko, T.S. Zhiltsova, V.V. Eremin, B.Z. Tsanava, O. Taran, M. Maximov, D.D. Sergeyev, I. Kirillov, E.V. Zavershinskaya, T. Novikova, M. Bolotov, A. Lodyanaya, A. Ivanova, A. E. Kostin) presented the results of their research in PPP field. The speakers were made reports on topics including: private concession initiative, an arbitration clause in a PPP agreement, a financial and economic evaluation of PPP projects, an assessment of the level of PPP development in the regions of Russia, the use of PPPs for creation and transport infrastructure development in Russia (on various forms of transport), and others.

 

The total number of participants exceeded 100 people, including representatives of federal and city authorities of St. Petersburg and Leningrad region, organizations of Republic of Belarus and Georgia, representatives of funding organizations and private partners participating in transport PPP projects, financial and legal consultants, leading Russian experts in the sphere PPP. The events of the conference are covered in the media.

 

PPP in transport sector 2018 - Conference proceedings

 

Previous conferences: