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.
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 project concerning infrastructure facility 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 of their interaction in connection with execution of the agreement on public-private partnership;
infrastructure facility - object of engineering, production, social, transport 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;
maintenance of infrastructure facility - action for maintenance of infrastructure facility in condition, operational, safe and suitable for operation, according to its purpose, other improvements of characteristics of infrastructure facility;
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 "About architectural, town-planning and construction activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 109, 2/1049).
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.
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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