Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF UZBEKISTAN

of May 10, 2019 No. ZRU-537

About public-private partnership

Accepted by Legislative house on April 26, 2019

Approved by the Senate on May 3, 2019

Chapter 1. General provisions

Article 1. Purpose and scope of this Law

The purpose of this Law is regulation of the relations in the field of public-private partnership.

Operation of this Law does not extend to production sharing agreements and to the sphere of public procurements.

Article 2. Legislation on public-private partnership

The legislation on public-private partnership consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about public-private partnership then are applied rules of the international treaty.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

public-private partnership - the cooperation of the state partner and private partner which is legally drawn up for certain term based on combining of their resources for project implementation of public-private partnership;

the project of public-private partnership - set of the actions realized on the basis of attraction of private investments and (or) the implementations of the best practices of management directed to the solution of economic, social and infrastructure tasks;

the concept of the project of public-private partnership - the document prepared by the state partner and (or) the private initiator, proving the choice of the solution of realization determining the cost and the project description of public-private partnership, containing reasons for efficiency and relevance, the main characteristics and features of its realization, and also mechanisms of ensuring recoverability of the involved investments;

object of public-private partnership - property, property complexes, public infrastructure, designing, construction which creation, delivery, financing, reconstruction, upgrade, operation and servicing are performed within project implementation of public-private partnership, and also work (service) and innovation, subject to implementation in the project progress of public-private partnership;

payment for availability of object of public-private partnership - the payments of the state partner to the private partner made according to the agreement on public-private partnership during use (operation) and (or) servicing of object of public-private partnership for ensuring its availability;

the state partner - the Republic of Uzbekistan on behalf of which state bodies, executive bodies on places, and also other bodies (organizations) authorized by the Cabinet of Ministers of the Republic of Uzbekistan, or their consolidation act;

payment for use - the payments collected by the private partner according to the agreement on public-private partnership within project implementation of public-private partnership from consumers of goods (works, services);

the private partner - the subject of business activity registered according to the legislation of the Republic of Uzbekistan or foreign state, consolidation of such subjects with which the state partner signed the agreement on public-private partnership.

Article 4. Basic principles of public-private partnership

The basic principles of public-private partnership are:

equality before the law of the state partner and private partner;

transparency of rules and procedures when implementing public-private partnership;

competitiveness and objectivity in case of selection of the private partner;

inadmissibility of discrimination;

inadmissibility of corruption.

Article 5. Principle of equality before the law of the state partner and private partner

The state partner and the private partner are the equal parties.

Article 6. The principle of transparency of rules and procedures when implementing public-private partnership

Rules and procedures of public-private partnership shall be open, transparent and clear for interested persons.

The state partner shall provide open entry to information on the rules and procedures of public-private partnership established by the legislation on public-private partnership.

Article 7. The principle of competitiveness and objectivity in case of selection of the private partner

Competitiveness and objectivity in case of selection of the private partner is provided due to use of mechanisms of competitive selection, impartiality and transparency during the implementing of rules and procedures of public-private partnership and decision making for benefit of optimal variant based on objective and reasonable criteria.

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