of December 30, 2015 No. 345-Z
About public-private partnership
It is accepted by the House of Representatives on December 10, 2015
Approved by Council of the Republic on December 18, 2015
This Law is directed to investment attraction in economy of the Republic of Belarus, determines legal conditions of public-private partnership, governs the public relations developing in the course of the conclusion, execution and agreement cancelation about public-private partnership.
1. For the purposes of this Law the following main terms and their determinations are used:
the state partner - the Republic of Belarus on behalf of which the state body or other state organization authorized by Council of Ministers of the Republic of Belarus the republican state body or other state organization subordinated to Council of Ministers of the Republic of Belarus, administrative and territorial unit on behalf of which the relevant local executive and administrative organ authorized by local council of deputies acts authorized by the President of the Republic of Belarus act;
the private partner - the commercial organization created according to the legislation of the Republic of Belarus (except for the state unitary enterprises, national associations, and also economic societies, more than 50 percent of shares (share in authorized fund) of which belong to the Republic of Belarus or its administrative and territorial unit), or the individual entrepreneur of the Republic of Belarus with which the agreement on public-private partnership is signed;
public-private partnership - the mutually beneficial cooperation of the state and private partners which is legally drawn up for certain term for the purpose of consolidation of resources and distribution of risks answering to the purposes, tasks and the principles determined by this Law performed in the form of the agreement on public-private partnership;
the project of public-private partnership - the complex of actions concerning infrastructure facility including implementation of investments into creation and (or) upgrade of infrastructure facility, including designing (if necessary), and also in maintenance and (or) operation of this object, answering to the purposes, tasks and the principles determined by this Law;
the consultant of the project of public-private partnership - the legal entity, the foreign organization, not being the legal entity, the individual entrepreneur, the rendering consulting, engineering, marketing, legal and other services in maintenance of stage (stages) of the project of public-private partnership;
creditors of the private partner - the bank, the non-bank credit and financial organization, other organization providing to the private partner credit and (or) borrowed funds for project implementation of public-private partnership;
the agreement on public-private partnership - the written agreement between the state and private partners determining the rights, obligations and responsibility of the parties, and also other sales terms of the project of public-private partnership;
the agreement on interaction – the civil agreement signed by the state partner, the private partner, creditors of the private partner and (or) other persons for the purpose of project implementation of public-private partnership, determining conditions and procedure for their interaction in connection with execution of the agreement on public-private partnership and also in case of its change and termination;
infrastructure facility – object engineering, production, social, transport, information and technology (including the software, information systems and technologies) and other infrastructure;
the participant of tender – the legal entity, the foreign organization, not being the legal entity, or the individual entrepreneur of the Republic of Belarus, submitted the individual application for participation in tender, or group of the legal entities and (or) the foreign organizations who are not legal entities, submitted the joint statement for participation in tender;
creation of infrastructure facility – construction and (or) development, implementation of infrastructure facility;
upgrade of infrastructure facility – action for infrastructure facility reorganization by implementation of new technologies, mechanization and automation of production, replacement of the obsolete and worn-out equipment on new, more productive, other improvements of characteristics of infrastructure facility;
maintenance of infrastructure facility – action for maintenance of infrastructure facility in condition, operational, safe and suitable for operation, according to its purpose;
operation of infrastructure facility – use of infrastructure facility according to purpose, including for the purpose of production of goods, performance of works, rendering services.
2. The term "construction" used in this Law is applied in the value determined by article 1 of the Law of the Republic of Belarus of July 5, 2004 No. 300-Z "About architectural, town-planning and construction activities in the Republic of Belarus".
1. The purposes of public-private partnership are concentration of material, financial, intellectual, scientific and technical and other resources, ensuring balance of interests and risks, attraction of financial resources from non-budgetary sources for projects implementation, plans and programs for development of infrastructure facilities.
2. The main objectives of public-private partnership are:
creation of conditions for ensuring sustainable social and economic development and homeland security of the Republic of Belarus;
increase in level of living of the population;
increase in efficiency of use of property, including the parcels of land which are in state-owned property;
development of innovative activities, knowledge-intensive productions;
increase in technological level of production, enhancement of engineering procedures;
development of infrastructure facilities;
enhancement of the technical remedies, means and systems of protection used for the prevention and identification of terrorist and other unlawful activity;
effective use of budgetary funds;
improvement of quality of the goods (works, services) realized (which are carried out, rendered) to the population;
ensuring growth of employment of the population.
The public-private partnership is based on the principles:
supremacy of law;
social orientation of regulation of economic activity;
priority of public concerns;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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