Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of November 26, 2018 No. 461

About reconstruction of the highway

For the purpose of improvement of quality of road infrastructure using the mechanism of public-private partnership I decide:

1. Enable project implementation on reconstruction and maintenance of object "The highway M-10 border the Russian Federation (Settlement) - Gomel - Kobrin of 109,9 km - 195,15 km" on the principles of public-private partnership (further - the project of PPP).

2. Authorize the Ministry of Transport and Communications to act on behalf of the Republic of Belarus on the project of PPP as the state partner who:

2.1. develops draft agreements on public-private partnership (further - the agreement on PPP) and agreements on interaction;

2.2. will organize competition on the project of PPP (further - tender);

2.3. develops and approves the preliminary, preparatory and resulting tender documentation;

2.4. signs the agreement on PPP;

2.5. performs assessment of execution by the private partner of terms of agreement about PPP;

2.6. plans and provides the direction of annual payments to the private partner from means of the republican budget according to the legislation and terms of agreement on PPP;

2.7. signs the agreement on interaction with the private partner in case of its consent;

2.8. assists the private partner in provision:

section of the highway M-10 border Russian Federation (Settlement) - Gomel - Kobrin of 109,9 km - 195,15 km (further - subject of the agreement on PPP), and also the parcels of land necessary for reconstruction and maintenance of this object (further - the parcels of land on which subject of the agreement on PPP is located);

allowing documentation on reconstruction of subject of the agreement on PPP;

the project documentation on reconstruction of subject of the agreement on PPP (further - the project documentation);

capital structures (buildings, constructions), their parts necessary for project implementation of PPP and specified in the agreement on PPP (further - objects of other real estate), and also the parcels of land for maintenance of these objects;

2.9. performs other rights and obligations of the state partner provided by the agreement on PPP and the legislation.

3. Preparation and carrying out tender, agreement signature about PPP are performed according to the procedure, established by the Law of the Republic of Belarus of December 30, 2015 "About public-private partnership", taking into account features of carrying out tender and agreement signature about PPP (are applied).

4. Determine that:

4.1. the general amount of the payments which are subject to payment to the private partner in the project of PPP from means of the republican budget, established for the purposes of carrying out tender cannot exceed 461, 3 million euros;

4.2. GU "Belavtostrada" acts on the project of PPP as the authorized representative of the state partner and performs:

organizational and technical works on carrying out tender;

representation to the state partner of information on execution by the private partner of terms of agreement about PPP;

other functions provided by this Decree and the agreement on PPP;

4.3. private partner:

performs reconstruction of subject of the agreement on PPP at the expense of own and (or) raised funds, and also its maintenance in accordance with the terms of the agreement on PPP;

acts as the customer in construction activities in case of project implementation of PPP without the need for receipt of the certificate of compliance;

receives gratuitously from RUP "Gomelyavtodor" the project documentation prepared (developed) by this company or for it uses it (with the right of modification). The cost of the project documentation gratuitously received from RUP "Gomelyavtodor" is not included non-operating incomes for the purposes of the taxation;

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