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LAW OF THE AZERBAIJAN REPUBLIC

of December 9, 2022 No. 691-VIQ

About public-private partnership

This Law determines organizational, legal and economic basis of implementation of activities in the public-private partnership sphere according to Items 11, 12 and 13 parts one of article 94 of the Constitution of the Azerbaijan Republic.

Chapter 1. Basic provisions

Article 1. Basic concepts

1.1. The basic concepts used for the purposes of this Law have the following values:

1.1.1. public-private partnership - joint activities of the state partner and private partner on the basis of the agreement on rendering the state services, and also creation and infrastructure management signed according to this Law, connected with rendering these services;

1.1.2. the project of public-private partnership - set of the organizational, legal, scientific, technological and economic actions directed to realization of public-private partnership which total cost exceeds the sum determined by the body (structure) determined by relevant organ of the executive authority;

1.1.3. rules of public-private partnership - the document established by the body (structure) determined by relevant organ of the executive authority, and regulating implementation of public-private partnership;

1.1.4. the applicant - the physical person or legal entity participating in tender or direct negotiations on execution of the project of public-private partnership or announcing private initiative;

1.1.5. the state partner - state bodies (structures), and also the municipalities or the municipal companies which signed the agreement of public-private partnership with the private partner;

1.1.6. the private partner - the physical person or legal entity which signed the agreement of public-private partnership with the state partner chosen for execution of the project of public-private partnership on the basis of tender or direct negotiations;

1.1.7. the state services - the goods made by state bodies (structures) the rendered services, the performed works, and also management of state-owned property, including legal entities with share of the state participation;

1.1.8. infrastructure - the tangible and intangible assets intended for rendering the state services;

1.1.9. strategic documents - the state programs, strategy, concepts and the national plans of action including projects of public-private partnership;

1.1.10. competent authority - the body (structure) determined by relevant organ of the executive authority;

1.1.11. the project company - the legal entity created by the private partner for the purpose of ensuring execution of the project of public-private partnership.

1.2. Other concepts used in this Law express the values determined by regulatory legal acts of the Azerbaijan Republic.

Article 2. Legislation on public-private partnership

The legislation of the Azerbaijan Republic on public-private partnership consists of the Constitution of the Azerbaijan Republic, this Law, the Civil code of the Azerbaijan Republic, the laws of the Azerbaijan Republic "About investing activities", "About licenses and permissions" and other regulatory legal acts of the Azerbaijan Republic governing the relations in this sphere and also of international treaties which the Azerbaijan Republic joined.

Article 3. Circle of application of this Law

3.1. This Law taking into account provisions of other laws of the Azerbaijan Republic governing the relations in the public-private partnership sphere governs the relations arising between the state, competent authority, the state partner and the private partner, and also the applicant in case of execution of the projects of public-private partnership connected with rendering the state services in the territory of the Azerbaijan Republic and also creation and infrastructure management for rendering these services.

3.2. The laws of the Azerbaijan Republic "About public procurements" and "About privatization of state-owned property" do not extend to the relations regulated by this Law.

3.3. Provisions of this Law do not extend to activities in the oil and gas sphere according to the Law of the Azerbaijan Republic "About subsoil".

3.4. The public-private partnership in connection with use of renewable energy resources in case of production of electricity is performed according to the Law of the Azerbaijan Republic "About use of renewable energy resources in case of production of electricity".

3.5. The relations in the public-private partnership sphere in the Alyatsky free economic zone are governed according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

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