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LAW OF THE REPUBLIC OF UZBEKISTAN

of May 10, 2019 No. ZRU-537

About public-private partnership

(as amended of the Law of the Republic of Uzbekistan of 22.01.2021 No. ZRU-669)

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, including concessions.

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

Implementation of concessionary projects, and also the conclusion of concession treaties are performed according to the procedure, established by this Law for projects of public-private partnership.

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 for decision making about project implementation of public-private partnership determining the project cost, the source of financing and profitability of the project including reasons for efficiency and relevance of its realization;

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, the parcels of land, and also works (service) and innovation which are 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 and (or) state bodies, executive bodies on places, and also other legal entities or their associations authorized by the Cabinet of Ministers of the Republic of Uzbekistan;

concession - one of forms of public-private partnership in case of which the state provides to the private partner property and the parcels of land with issue of permission to implementation of certain type of the economic activity provided by the concession treaty;

the special project company - the legal entity created by the winner of the tender, the reserve winner, the private initiator or the participant of direct negotiations only for project implementation of public-private partnership and registered according to the legislation of the Republic of Uzbekistan;

the applicant - the individual entrepreneur, the legal entity or consolidation of legal entities interested in project implementation of public-private partnership and participation in the tender, registered according to the legislation of the Republic of Uzbekistan or foreign state;

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 individual entrepreneur, the legal entity or consolidation of legal entities registered according to the legislation of the Republic of Uzbekistan or foreign state, who signed the agreement on public-private partnership with the state partner.

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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