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LAW OF THE REPUBLIC OF TAJIKISTAN

of December 28, 2012 No. 907

About public-private partnership

This Law determines legal, economic and organizational basis of public-private partnership, procedure for projects implementation of public-private partnership in the sphere of infrastructure and social services and protects interests of the state and private sector.

CHAPTER 1. GENERAL PROVISIONS

Article 1. Scope of this Law

1. This Law extends to all projects of public-private partnership in the sphere of infrastructure and social services realized by state bodies and private sector according to the agreement on public-private partnership.

2. Infrastructure facilities and social services concerning which this Law does not extend are determined by the Government of the Republic of Tajikistan.

3. This Law does not extend on:

- purchase of goods, performance of works and rendering services according to the Law of the Republic of Tajikistan "About public procurements of goods, works and services";

- privatization and privatization of state-owned property and the state companies according to the Law of the Republic of Tajikistan "About privatization of state-owned property in the Republic of Tajikistan";

- provision of any rights to use subsoil according to the laws of the Republic of Tajikistan "About subsoil" and "About concessions";

- implementation of credit projects (grant funds) allocated by the international financial institutions and the governments of the foreign states regulated by rules of these organizations which application is obligatory in compliance and within the obligations undertaken by Tajikistan and requirements of these rules prevail.

Article 2. Basic concepts

In this Law the following basic concepts are used:

- public-private partnership - cooperation of the state and private partners in projects implementation in the sphere of infrastructure and social services for the certain period established by the agreement on public-private partnership;

- the state partner - the central or local public authority;

- private sector - the individual entrepreneur or the legal entity whose founder is the physical or non-state legal entity;

- the private partner - the individual entrepreneur or the legal entity of private sector realizing the infrastructure project or the project of social services according to the agreement on public-private partnership;

- infrastructure - set of the constructions, buildings, systems and structures necessary for functioning of industries of production of goods, creation or improvement of conditions of activity of society, including system of transport, water - and power supply, roads, bridges and communication systems;

- the infrastructure project - designing, construction and use of new infrastructure facility or reconstruction, upgrade, expansion and operation of any existing infrastructure facility;

- the project of rendering services in the social sphere - designing, development and functioning of any structures directly or indirectly rendering social services to the public in time at least three years (household, medical, psychological, pedagogical and other services) which prior to the beginning of the project were subordinated to organizatsiizakazchik;

- the partner project - the infrastructure project or the project on rendering services in the social sphere performed between the organization customer and private sector according to this Law;

- the organization customer - the central or local public authority having powers to sign agreements with the private partner within this Law;

- the agreement on public-private partnership (daleesoglasheniye), the legal act establishing obligations of the organization customer and the private partner, determining rules of project implementation according to this Law;

- the payment provided for services - the right or power represented by the ogranizatsiyey-customer to the private partner for covering of costs and investments and income acquisitions by means of collection of charges from users of the partner project also includes charges, rates and other payments;

- the reasonable mechanism - the mechanism within which the organization customer is capable to fulfill any financial liabilities which it most likely should execute within the Agreement, at the expense of the existing or its future budgetary funds;

- assets - the resources which are acquired as a result of former transactions and the belonging organizations customers or new resources which are subject to acquisition for the purpose of the introduction in the Agreement and receipts of economic benefit;

- participation of consortium - the project proposal of two and more persons provided for participation in the partner project;

- the nonrequested offer - any offer which is provided not in response to request of the organization customer out of procedures of selection, according to this Law;

- failure to carry out of material obligations - any inability of the private partner to fulfill any obligation within the Agreement which influences or will influence rendering services of the public and remains outstanding after long period of time and after the private partner received the notification on default on obligations from the organization customer;

- the applicant having advantages - the participant of the tender, including the consortium chosen as the successful participant of the tender;

- regulating authority - authorized state body to which powers on conducting state policy and realization of the regulatory legal acts regulating development of infrastructure and provision of services in the social sector are conferred;

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