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Main Documents About interdepartmental interaction of executive authorities of the Rostov region by preparation and implementation of projects of public-private partnership, concession agreements, a public partner (concessor) in which is the Rostov region,
Government of the Rostov region
The resolution of Apr. 5, 2017 No. 249
The current version with changes of Aug. 31, 2020
About

interdepartmental interaction of executive authorities of the Rostov region by preparation and implementation of projects of public-private partnership, concession agreements, a public partner (concessor) in which is the Rostov region,

GOVERNMENT OF THE ROSTOV REGION

RESOLUTION

 

of 05.04.2017 No. 249

 

Rostov-on-Don

 

About interdepartmental interaction

executive authorities of the Rostov region

by preparation and implementation of projects of public-private partnership,

concession agreements, public partner (concessor)

in which the Rostov region is

 

For implementation of the Federal law of 21.07.2005 No. 115-FZ "About Concession Agreements" and the Federal law of 13.07.2015 No. 224-FZ "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Introduction of Amendments to Separate Acts of the Russian Federation", increase in efficiency of interaction of executive authorities of the Rostov region the Government of the Rostov region decides:

 

1. To claim:

1.1. An order of interdepartmental interaction of executive authorities of the Rostov region by preparation and implementation of projects of public-private partnership in which public partner is the Rostov region, according to appendix No. 1.

1.2. An order of interdepartmental interaction of executive authorities of the Rostov region by preparation and implementation of concession agreements in which concessor is the Rostov region, according to appendix No. 2.

2. To define that, concession agreements executive authorities of the Rostov region according to the list according to appendix No. 3 are authorized to act on behalf of the Rostov region in agreements on public-private partnership.

3. The present resolution comes into force from the date of its official publication.

4. To impose control over the implementation of the present resolution on the deputy governor of the Rostov region Yu.S. Molodchenko.

 

The first deputy

Governor of the Rostov region      I.A. Guskov

 

The resolution brings

ministry of economic

development of the Rostov region

Appendix No. 1

to the resolution

Governments

Rostov region

of 05.04.2017 No. 249

 

ORDER

interdepartmental interaction of bodies

executive power of the Rostov region by preparation

and implementation of projects of public-private partnership,

in which public partner is the Rostov region

 

1. General provisions

 

1.1. The real Order is developed for implementation of provisions of the Federal law of 13.07.2015 No. 224-FZ "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Introduction of Amendments to Separate Acts of the Russian Federation" (further – the Law on public-private partnership).

1.2. In the real Order the concepts provided by the Law on public-private partnership are used.

1.3. The real Order establishes rules of interdepartmental interaction of executive authorities of the Rostov region at:

to development of the offer on implementation of the project of public-private partnership (further – the project of PPP) which initiator is the Rostov region (further – the public partner);

consideration of the offer on implementation of the project of the PPP developed by the person who according to the Law on public-private partnership can be the private partner (further – the initiator of the project);

consideration of the offer on implementation of the project of PPP, evaluating efficiency of the project of PPP and definition of its comparative advantage by the Ministry of Economic Development of the Rostov region;

implementation of the agreement on public-private partnership (further – the agreement on PPP);

control of performance of the agreement on PPP.

1.4. Before making decision on implementation of the project of PPP according to Article 10 of the Law on public-private partnership the executive authorities of the Rostov region specified in appendix No. 3 to the present resolution (further – industry bodies), act on behalf of the public partner and carry out the following functions:

development of the offer on implementation of the project of PPP according to the requirements established by the Russian Federation Government decree of 19.12.2015 No. 1386 "About the Statement of a Form of the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership and also Requirements to the Data Which Are Contained in the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership";

carrying out with the initiator of the project of PPP of the preliminary negotiations connected with development of the offer on implementation of the project in the order established by the order of the Ministry of Economic Development of the Russian Federation of 20.11.2015 No. 864 "About the Statement of an Order of Carrying Out the Preliminary Negotiations Connected with Development of the Offer on Implementation of the Project of Public-private Partnership, the Project of Municipal and Private Partnership between the Public Partner and the Initiator of the Project";

reception of the offer on implementation of the project of PPP from the initiator of the project, consideration of the offer on implementation of the project of the PPP prepared by the initiator of the project and decision-making by results of consideration of the offer on implementation of the project of PPP in the order established by the Russian Federation Government decree of 19.12.2015 No. 1388 "About the Approval of Rules of Consideration by the Public Partner of the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership";

carrying out with the initiator of the project of PPP of the negotiations connected with consideration of the offer on implementation of the project of PPP in the order established by the order of the Ministry of Economic Development of the Russian Federation of 20.11.2015 No. 863 "About the Statement of an Order of Carrying Out the Negotiations Connected with Consideration of the Offer on Implementation of the Project of Public-private Partnership, the Project of Municipal and Private Partnership between the Public Partner and the Initiator of the Project";

the direction of the offer on implementation of the project of PPP for consideration in the Ministry of Economic Development of the Rostov region for assessment of efficiency of the project of PPP and definition of its comparative advantage;

preparation of the decision of the Government of the Rostov region on implementation of the project of PPP according to Article 10 of the Law on public-private partnership.

Industry bodies can carry out the specified functions as independently, and together with the bodies and (or) legal entities authorized by the public partner according to regulations of the Rostov region according to Part 4 of Article 5 of the Law on public-private partnership within the separate rights and duties of the public partner granted to them.

 

2. Interaction of executive authorities

The Rostov region when developing the project of PPP by the public partner

 

2.1. The public partner represented by industry body can act as the initiator of the project of PPP by means of development of the offer on implementation of the project of PPP (further – the offer) taking into account provisions of programs of social and economic development of the Rostov region, state programs of the Rostov region and other documents of strategic planning of the Rostov region.

2.2. The offer prepared by industry body goes on paper and in electronic form for consideration in the Ministry of Economic Development of the Rostov region for evaluating efficiency of the project of PPP and definition of its comparative advantage.

2.3. When developing the offer the industry body has the right to hold meetings with involvement of representatives of other executive authorities of the Rostov region and also to send inquiries to other executive authorities of the Rostov region for receiving necessary explanations by the questions connected with possible implementation of the project of PPP within competence of appropriate authorities. Reply to the request has to be directed by executive authority of the Rostov region in time, the specified body which is not exceeding 10 working days from the date of receipt of inquiry in.

 

21. Interaction of bodies of executive

the authorities of the Rostov region by consideration by public

the partner of the offer prepared by the initiator of the project

 

2.11. At the direction of the offer the initiator of the project management of documentary providing the Government of the Rostov region within 1 working day from the date of registration of the offer sends it to the Government of the Rostov region according to the decree of the Governor of the Rostov region of 13.01.2015 No. 1 "About distribution of duties between deputy governors of the Rostov region" to the deputy governor of the Rostov region supervising activity of the appropriate industry authority.

2.21. In time, not exceeding 3 working days from the date of obtaining the offer, industry body prepares the draft of the order of the Government of the Rostov region about implementation of functions on behalf of the public partner.

2.31. The industry body is obliged to consider the offer in time, not exceeding 90 calendar days from the date of its receipt, according to the Russian Federation Government decree of 19.12.2015  No. 1 388 "About the Approval of Rules of Consideration by the Public Partner of the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership".

2.41. During consideration of the offer the industry body carries out its assessment regarding:

compliances of the project of PPP to the principles of public-private partnership;

possibilities of operation and (or) technical use and (or) transfer to a private property of a subject of the agreement on PPP specified in the offer;

possibilities of conclusion of agreement about PPP concerning the object specified in the offer;

existence in the relation of a subject of the agreement on PPP specified in the offer the concluded agreements on PPP;

existence of funds for implementation of the project of PPP according to federal laws and (or) other regulations of the Russian Federation, regional laws and (or) other regulations of the Rostov region (in case implementation of the project of PPP requires assignment from budgets of the budgetary system of the Russian Federation);

existence of the property right of the Rostov region to the subject of the agreement on PPP specified in the offer;

existence of the rights of the third parties concerning subject of the agreement on PPP specified in the offer;

existence of need for reconstruction or creation of a subject of the agreement on PPP specified in the offer;

completeness and reliability of the data which are contained in the offer;

existence of the bases for making decision on impossibility of implementation of the project of PPP established by the Law on public-private partnership;

expediency of negotiation with the initiator of the project.

2.51. In case implementation of the project of PPP requires allocation of budgetary funds, industry body according to the Russian Federation Government decree of 19.12.2015 No. 1 388 "About the Approval of Rules of Consideration by the Public Partner of the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership" not less than for 45 calendar days before decision-making on the project of PPP sends to the Ministry of Finance of the Rostov region the copy of the specified offer together with request for providing the conclusion about existence of funds for implementation of the project of PPP according to documents of strategic planning of the Rostov region.

In time, not exceeding 15 working days from the date of receiving inquiry, the Ministry of Finance of the Rostov region following the results of consideration of the copy of the offer sends to industry body the conclusion about existence / lack of funds for implementation of the project of PPP according to documents of strategic planning of the Rostov region.

2.61. By consideration of the offer the industry body has the right to hold with the initiator of the project the negotiations connected with consideration of the offer, a meeting with involvement of specialists of other executive authorities of the Rostov region and also to send inquiries to other executive authorities of the Rostov region for receiving necessary explanations by the questions connected with possible implementation of the project of PPP within competence of appropriate authorities. Reply to the request has to be directed by executive authority of the Rostov region in time, the specified body which is not exceeding 15 working days from the date of receipt of inquiry in.

2.71. By results of consideration of the offer and taking into account the conclusion of the Ministry of Finance of the Rostov region specified in Paragraph 2.51 of the present section, the industry body accepts one of the following decisions:

 about the direction of the offer for consideration in the Ministry of Economic Development of the Rostov region for evaluating efficiency of the project of PPP and definition of its comparative advantage;

 about impossibility of implementation of the project of PPP (the motivated decision is made on the bases provided by Part 7 of Article 8 of the Law on public-private partnership).

2.81. In case of making decision on the direction of the offer for consideration in the Ministry of Economic Development of the Rostov region the industry body in time which is not exceeding 5 working days from the date of adoption of this decision directs on paper and in electronic form to consideration in the Ministry of Economic Development of the Rostov region:

the decision of the public partner approved by the head of the appropriate industry authority;

original of the offer;

copies of protocols of preliminary negotiations and (or) negotiations with the initiator of the project (in case these negotiations were held);

the conclusion of the Ministry of Finance of the Rostov region specified in Paragraph 2.51 of the present section;

other data according to the requirements approved by the Russian Federation Government decree of 19.12.2015  No. 1,386 "About the Statement of a Form of the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership and also Requirements to the Data Which Are Contained in the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership".

2.91. In time, not exceeding 5 working days from the date of acceptance of one of the decisions specified in Paragraph 2.71 of the present section, industry body sends to the initiator of the project this decision and also originals of protocols of preliminary negotiations and (or) negotiations with the initiator of the project ( in case these negotiations were held) and places the decision of the public partner approved by the head of industry body, the offer and the specified protocols of negotiations on the official site of industry body on the Internet.

 

3. Interaction of executive authorities

The Rostov region when evaluating efficiency

project of PPP and definition of its comparative advantage

Ministry of Economic Development of the Rostov region

 

3.1. The Ministry of Economic Development of the Rostov region carries out the assessment of efficiency of the project of PPP and defines its comparative advantage (except for the cases determined in the section 4 presents of the Order) in time, not exceeding 90 calendar days from the date of receipt of such project in the Ministry of Economic Development of the Rostov region.

3.2. The Ministry of Economic Development of the Rostov region when evaluating efficiency of the project of PPP and determining its comparative advantage has the right:

to involve experts and the expert organizations and also legal, technical and other consultants;

to request additional materials and documents from the initiator of the project;

to request from industry body additional materials and documents by the direction of the corresponding inquiry in writing. Reply to the request about granting additional materials and documents has to be submitted within the Ministry of Economic Development of the Rostov region by industry body in time, not exceeding 15 working days from the date of its receipt to industry body;

to hold meetings with involvement of representatives of various executive authorities of the Rostov region and also to send inquiries to appropriate authorities of executive power of the Rostov region for receiving necessary explanations by the questions connected with possible implementation of the project of PPP within their competence. Reply to the request of the Ministry of Economic Development of the Rostov region has to be given by executive authority of the Rostov region in time, the specified body which is not exceeding 10 working days from the date of its receipt in;

to carry out in the order established by the Russian Federation Government decree of 03.12.2015 No. 1309 "About the Approval of Rules of Carrying Out by Authorized Body of the Negotiations Connected with Consideration of the Offer on Implementation of the Project of Public-private Partnership, the Project of Municipal and Private Partnership regarding Assessment of Efficiency of the Project and Definition of Its Comparative Advantage", negotiations including in the form of joint meetings, with obligatory participation of industry body and the initiator of the project (in the presence).

3.3. The industry body in time which is not exceeding 5 working days from the date of receipt of the notification of the Ministry of Economic Development of the Rostov region of negotiation sends to the Ministry of Economic Development of the Rostov region the notice of participation in negotiations with the indication of a surname, a name, middle name (in the presence) of the representative of industry body ( in a position not below the deputy head of executive authority of the Rostov region) which will represent the interests of industry body at negotiation.

Presence of the representative of industry body at negotiations is obligatory. At impossibility for good reasons of an appearance on negotiations of the representative of industry body, data on whom were sent to the Ministry of Economic Development of the Rostov region, the industry body immediately notifies on it the Ministry of Economic Development of the Rostov region in any available way and carries out replacement of the representative of industry body at negotiations.

3.4. Evaluating efficiency of the project of PPP and definition of its comparative advantage are carried out by the Ministry of Economic Development of the Rostov region in the order established by the Russian Federation Government decree of 30.12.2015 No. 1514 "About an Order of Carrying Out by Authorized Body of Assessment of Efficiency of the Project of Public-private Partnership, the Project of Municipal and Private Partnership and Definition of Their Comparative Advantage" according to the Technique of assessment of the efficiency of the project of public-private partnership, the project of municipal and private partnership and definition of their comparative advantage approved by the order of the Ministry of Economic Development of the Russian Federation of 30.11.2015 No. 894 and taking into account provisions of the Russian Federation Government decree of 19.12.2015 No. 1386 "About the Statement of a Form of the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership and also Requirements to the Data Which Are Contained in the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership".

3.5. By results of evaluating efficiency of the project of PPP and definition of its comparative advantage the Ministry of Economic Development of the Rostov region within the term specified in Paragraph 3.1 of the present section approves one of the following conclusions:

the conclusion about efficiency of the project of PPP and its comparative advantage (further – the positive conclusion);

the conclusion about inefficiency of the project of PPP and (or) about lack of its comparative advantage (further – the negative conclusion).

 

3.6. The conclusions of the Ministry of Economic Development of the Rostov region specified in Paragraph 3.5 of the present section are approved within the term specified in Paragraph 3.1 of the present section taking into account the decision of the commission on assessment of projects of public-private partnership, concession agreements, a public partner (concessor) in which is the Rostov region (further – the commission).

The structure and the provision on the commission are approved by the legal act of the Government of the Rostov region.

3.7. In time, not exceeding 5 days from the date of the approval of the conclusions specified in Paragraph 3.5 of the present section, the Ministry of Economic Development of the Rostov region:

sends on paper and in electronic form to industry body the conclusion approved by the Minister of Economic Development of the Rostov region or the person authorized by it by results of consideration of the offer and also the original of the protocol of negotiations (in case negotiations were held);

posts on the official site of the Ministry of Economic Development of the Rostov region on the Internet the corresponding conclusion of the Ministry of Economic Development of the Rostov region, the protocol of negotiations (in case negotiations were held), the offer.

 

4. Direction of the project of PPP on assessment

its efficiency and definition of comparative advantage

in the Ministry of Economic Development of the Russian Federation

 

4.1. The project of PPP in which public partner is the Rostov region can be sent for evaluating efficiency of the project of PPP and definition of its comparative advantage to the Ministry of Economic Development of the Russian Federation (further – the Ministry).

For the direction of the project of PPP in the Ministry the Ministry of Economic Development of the Rostov region prepares to the Governor of the Rostov region the address with justification of the reasons of such direction, the appendix of the protocol of the commission and also the documents provided by the Russian Federation Government decree of 19.12.2015 No. 1386 "About the Statement of a Form of the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership and also Requirements to the Data Which Are Contained in the Offer on Implementation of the Project of Public-private Partnership or the Project of Municipal and Private Partnership".

4.2. The governor of the Rostov region considers the appeal of the Ministry of Economic Development of the Rostov region and makes the decision on the direction (refusal in the direction) the Government of the Rostov region of the project of PPP in the Ministry by imposing of the relevant resolution.

4.3. In case of making decision on the direction of the project of PPP in the Ministry the Ministry of Economic Development of the Rostov region carries out preparation of the power of attorney on behalf of the Government of the Rostov region about granting to the deputy governor the Rostov region concerning economic development of the Rostov region, the property and land relations, development of investment and innovative activities, the international and foreign economic relations, tariff regulation of the right to send the project of PPP to the Ministry and in writing informs industry body and the initiator of the project (in the presence).

4.4. In case of making decision on refusal in the direction of the project of PPP in the Ministry the Ministry of Economic Development of the Rostov region carries out evaluating efficiency of the project of PPP and definition of its comparative advantage according to the section 3 presents of the Order.

 

5. Interaction of executive authorities

The Rostov region by preparation and decision-making

The governments of the Rostov region about implementation of the project of PPP

 

5.1. In case of obtaining the positive conclusion provided by Paragraph 3.5 of the section 3 presents of the Order or the positive conclusion about efficiency of the project of the PPP and its comparative advantage approved by the Ministry (further – the conclusion of authorized body), the industry body prepares the draft decision of the Government of the Rostov region on implementation of the project of PPP (further – the draft decision).

5.2. In time, not exceeding 15 working days from the date of obtaining the conclusion of authorized body, industry body according to Article 10 of the Law on public-private partnership carries out preparation of the draft decision in the order provided by Regulations of the Government of the Rostov region.

5.3. The decision of the Government of the Rostov region on implementation of the project of PPP is subject to official publication in accordance with the established procedure.

5.4. On the basis of the decision of the Government of the Rostov region on implementation of the project of PPP the industry body together with the bodies and (or) legal entities specified in the paragraph the eighth Paragraph 1.4 of the section of 1 real Order in time which is not exceeding 180 calendar days from the date of adoption of this decision according to provisions of Chapter 5 of the Law on public-private partnership provides the organization of a competition on the right of conclusion of agreement of PPP, except for the cases provided by Parts 8 – the 10th Article 10 of the Law on public-private partnership.

5.5. The industry body in the course of definition of the private partner for implementation of the project of PPP carries out the following functions:

placement according to Part 8 of Article 10 of the Law on public-private partnership of the decision of the Government of the Rostov region on implementation of the project of PPP on the official site of industry body on the Internet and on the official site of the Russian Federation on the Internet for placement of information on tendering (in case the decision on implementation of the project is made on the basis of the offer on implementation of the project of the PPP prepared by the initiator of the project);

reception, consideration and decision-making according to statements of other persons for intention to participate in a competition on the right of conclusion of agreement about PPP according to Parts 9 – the 11th Article 10 of the Law on public-private partnership and in the order established by the Russian Federation Government decree of 19.12.2015 No. 1387 "About an Order of the Direction to the Public Partner of the Statement for Intention to Participate in a Competition on the Right of Conclusion of Agreement about Public-private Partnership, Agreements on Municipal and Private Partnership";

development of the draft agreement on holding a joint competition with participation of the Rostov region;

development, coordination with the Ministry of Economic Development of the Rostov region and the direction in the bodies and (or) legal entities specified in the paragraph the eighth Paragraph 1.4 of the section of 1 real Order, the tender documentation;

the organization of conclusion of agreement about PPP according to Article 32 of the Law on public-private partnership.

 

6. Interaction of executive authorities

The Rostov region at implementation of the agreement on PPP

 

6.1. The industry body at implementation of the agreement on PPP carries out the following functions:

the direction in the Ministry of Economic Development of the Rostov region of information according to Article 11 of the Law on public-private partnership for placement on the official site of the Ministry of Economic Development of the Rostov region on the Internet;

control of performance of the agreement on PPP in the order established by the resolution the Government of the Russian Federation of 30.12.2015 to No. 1490 "About implementation by the public partner of control of performance of the agreement on public-private partnership and agreements on municipal and private partnership";

consideration of the proposal of the private partner in change of essential terms of agreement on PPP, negotiation with the private partner in change of essential terms of agreement about PPP and making decision on development of the draft decision of the Government of the Rostov region on modification of the decision of the Government of the Rostov region on implementation of the project of PPP;

initiation of the procedure of replacement of the private partner at non-execution or inadequate execution of the obligations to the public partner and (or) the financing person by it;

placement in electronic form by means of the state automated information system "Management" of the data established by the order of the Ministry of Economic Development of the Russian Federation of 27.11.2015 No. 888 "About the Statement of the Order of Monitoring of Implementation of Agreements on Public-private Partnership, Agreements on Municipal and Private Partnership" for ensuring carrying out by the Ministry of Economic Development of the Rostov region monitoring of implementation of the agreement on PPP.

6.2. The Ministry of Economic Development of the Rostov region carries out monitoring of implementation of agreements on PPP in the order established by the order of the Ministry of Economic Development of the Russian Federation of 27.11.2015 No. 888 "About the Statement of the Order of Monitoring of Implementation of Agreements on Public-private Partnership, Agreements on Municipal and Private Partnership".

6.3. In time, not exceeding 5 working days from the date of signing of the agreement on PPP, industry body sends the copy of the agreement on PPP to the Ministry of Economic Development of the Rostov region for entering of information on it into the register of the concluded agreements on PPP (further – the Register).

The form of the Register is established by the Ministry of Economic Development of the Rostov region.

In time, not exceeding 3 working days from the date of obtaining the copy of the agreement on PPP, the Ministry of Economic Development of the Rostov region enters information on it in the Register.

6.4. For control of performance of the agreement on PPP for identification and prevention of violations by the private partner of terms of agreement about PPP the industry body defines the representatives from among officials of industry body.

By the agreement on PPP the list of public authorities of the Rostov region and the legal entities who are on the side of industry body at control of performance of the agreement on PPP can be also defined.

The list of the representatives of industry body authorized to exercise control of performance of the agreement on PPP on behalf of industry body is established by industry body.

The industry body in time which is not exceeding 30 calendar days from the date of signing of the agreement on PPP develops and approves the plan of holding control actions at each stage of implementation of the agreement on PPP. By industry body unplanned control events can be also held.

6.5. In the presence of the consent of industry body and the private partner changes can be made to the agreement on PPP. Terms of agreement about the PPP defined on the basis of the decision of the Government of the Rostov region on implementation of the project of PPP and the competitive proposal of the private partner concerning criteria of a competition on the right of conclusion of agreement about PPP can be changed on the basis of the decision of the Government of the Rostov region on modification of the decision of the Government of the Rostov region on implementation of the project of the PPP prepared according to Section 5 of the real Order taking into account the following features:

the decision on change of essential terms of agreement on PPP has to be made in time, not exceeding 30 working days from the date of receipt to industry body of the relevant proposal of the private partner;

the term of consideration by industry body of the proposal of the private partner on change of essential terms of agreement about PPP is no more than 10 working days from the date of receipt to industry body of the relevant proposal of the private partner. During this term the industry body is obliged to hold with the private partner negotiations, if necessary – with involvement of representatives of other executive authorities of the Rostov region;

by results of consideration of the proposal of the private partner on change of essential terms of agreement the industry body makes the decision on expediency of preparation of the draft decision of the Government of the Rostov region on modification of the decision of the Government of the Rostov region on implementation of the project of PPP on PPP (further – the draft decision on modification) or directs to the private partner motivated refusal in change of essential terms of agreement about PPP;

the industry body is obliged to prepare the draft decision on modification in case implementation of the agreement on PPP became impossible in the terms established in it as a result of emergence of force majeure circumstances, in case of significant change of circumstances from which the parties proceeded at conclusion of agreement about PPP and also in case the decisions of court or federal competition authority which took legal effect established impossibility of execution by the established agreement on PPP of obligations owing to decision-making, implementation of actions (inaction) of public authorities, local governments and (or) their officials.

6.6. Replacement of the private partner in the agreement on PPP is carried out in the order established by Article 13 of the Law on public-private partnership.

6.7. Preparation of the draft decision of the Government of the Rostov region on replacement of the private partner in the agreement on PPP without holding a competition (further – the draft decision on replacement of the private partner) is carried out by industry body taking into account the following features:

in case the direct agreement was concluded, preparation of the draft decision on replacement of the private partner is carried out by industry body taking into account sized up in writing the financing person;

in the presence of comments of the coordinating persons on the draft decision on replacement of the private partner the decision on account (refusal of account) of the available remarks of the corresponding coordinating person is accepted by industry body independently on condition of execution of the sheet of accounting of remarks in which the received remarks are specified and also the contents of unaccounted remarks (in the presence) are reflected and justifications of refusal of their account are given;

in time, not exceeding 2 working days after the term specified in the paragraph the third the present point, industry body carries out completion of the draft decision on replacement of the private partner;

6.8. On the basis of the decision of the Government of the Rostov region on replacement of the private partner in the agreement on PPP the introduction of amendments to the agreement on PPP according to Part 18 of Article 13 of the Law is carried out
about public-private partnership.

 

 

 

Head of department

documentary providing

Governments of the Rostov region                                                T.A. Rodionchenko

Appendix No. 2

to the resolution

Governments

Rostov region

of 05.04.2017 No. 249

 

ORDER

interdepartmental interaction of bodies

executive power of the Rostov region by preparation

and implementation of concession agreements in which concessor is the Rostov region

 

1. General provisions

 

1.1. The real Order is developed for implementation of provisions of the Federal law of 21.07.2005 No. 115-FZ "About Concession Agreements" (further – the Law on concession).

1.2. In the real Order the concepts provided by the Law on concession and also the following concepts are used:

the initiator of the project – the executive authority of the Rostov region or the subject of business activity proposing the conclusion of the concession agreement;

the subject of business activity – the individual entrepreneur, the Russian or foreign legal entity or acting without formation of legal entity according to the simple partnership agreement (contract on joint activity) two and more specified legal entities.

1.3. The real Order establishes rules of interdepartmental interaction of executive authorities of the Rostov region at:

to development of the offer on the conclusion of the concession agreement which initiator is the Rostov region (further – the concessor);

receipt of offers on the conclusion of the concession agreement to the concessor from the face who according to the Law on concession can be a concessionaire, and consideration by the concessor of such offer;

implementation of the concession agreement;

control of performance of the concession agreement.

 

2. Interaction of executive authorities

The Rostov region when developing the project concession

agreements concessor

 

2.1. The executive authorities of the Rostov region specified in appendix No. 3 to the present resolution (further – industry bodies) having the right to take the initiative of development of the draft of the concession agreement by means of development of the offer on the conclusion of the concession agreement (further – the offer) taking into account provisions of programs of social and economic development of the Rostov region, state programs of the Rostov region and other documents of strategic planning of the Rostov region.

2.2. The following documents and data are attached to the offer specified in Paragraph 2.1 of the present section:

feasibility study on creation (reconstruction) on a subject of the concession agreement;

estimated cost of creation (reconstruction) of a subject of the concession agreement;

estimated conditions of the concession agreement according to the Law on concession;

estimated criteria of a competition on the right of the conclusion of the concession agreement and parameters of criteria of the specified competition according to Article 24 of the Law on concession (except for the cases provided by Article 37 and Article 47 of the Law on concession).

2.3. When developing the offer the industry body has the right to hold meetings with involvement of representatives of other executive authorities of the Rostov region and also to send inquiries to other executive authorities of the Rostov region for receiving necessary explanations by the questions connected with possible implementation of the draft of the concession agreement within competence of appropriate authorities. Reply to the request has to be directed by executive authority of the Rostov region in time, the specified body which is not exceeding 10 working days from the date of receipt of inquiry in.

2.4. The industry body sends on paper and in electronic form to the Ministry of Economic Development of the Rostov region the developed offer with the application of replies of executive authorities of the Rostov region to the inquiries specified in Paragraph 2.3 of the present section.

2.5. The offer and replies of executive authorities of the Rostov region to the inquiries specified in Paragraph 2.3 of the present section during                  From the date of receipt in the Ministry of Economic Development of the Rostov region are subject 15 working days to introduction on a meeting of the commission on assessment of projects of public-private partnership, concession agreements, a public partner (concessor) in which is the Rostov region (further – the commission).

 

3. Interaction of executive authorities

The Rostov region by consideration by the concessor of the offer prepared at the initiative of the subject of business activity

 

3.1. By consideration of the offer prepared at the initiative of the subject of business activity, the industry body has the right to hold meetings with involvement of representatives of other executive authorities of the Rostov region and also to send inquiries to other executive authorities of the Rostov region for receiving necessary explanations by the questions connected with possible implementation of the draft of the concession agreement within competence of appropriate authorities.

Reply to the request has to be directed by executive authority of the Rostov region in time, the specified body which is not exceeding 10 working days from the date of receipt of inquiry in.

3.2. By results of consideration of the offer specified in Paragraph 3.1 of the present section, the industry body in time which is not exceeding 30 calendar days from the date of receipt of the offer for introduction of the project on a meeting of the commission sends to the Ministry of Economic Development of the Rostov region on paper and in electronic form:

the decision of industry body approved by the head of appropriate authority of executive power of the Rostov region;

original of the offer;

copies of minutes of meetings (in case these meetings were held).

3.3. The offer specified in Paragraph 3.1 of the present section is subject to introduction on a meeting of the commission within 5 working days from the date of the direction of the offer in the Ministry of Economic Development of the Rostov region.

3.4. In time, not exceeding 3 working days from the date of decision-making by the commission, industry body sends to the subject of business activity this decision and also originals of protocols of preliminary negotiations and (or) negotiations with the subject of business activity (in case these negotiations were held) and places the decision of the commission, the offer specified in Paragraph 3.1 of the present section and the specified protocols of negotiations on the official site of appropriate authority of executive power of the Rostov region on the Internet.

3.5. Total period of consideration of the offer specified in Paragraph 3.1 of the present section industry body and the commission cannot exceed            30 calendar days from the date of receipt of the offer.

 

4. Interaction of executive authorities

The Rostov region by preparation and decision-making

The governments of the Rostov region about implementation of the concession agreement

 

4.1. The industry body within 7 working days from the date of decision-making of the commission prepares the generalized conclusion which has to contain the following conclusions:

about expediency or inexpediency of adoption by the Government of the Rostov region of the decision on the conclusion on behalf of the Rostov region of the concession agreement;

about sufficiency of level of study of documents and data for adoption by the Government of the Rostov region of the decision on the conclusion of the concession agreement or on need of their completion;

about an opportunity or about lack of a possibility of adoption by the Government of the Rostov region of the decision on the conclusion on behalf of the Rostov region of the concession agreement.

Conclusion about expediency or inexpediency of adoption by the Government of the Rostov region of the decision on the conclusion on behalf of the Rostov region of the concession agreement becomes, proceeding from the decision of the commission and replies of executive authorities of the Rostov region to the inquiries specified in Paragraph 2.3 of Section 2 and in Paragraph 3.1 of the section 3 presents of the Order.

Conclusion about sufficiency of level of study of documents and data for adoption by the Government of the Rostov region of the decision on the conclusion of the concession agreement or on need of their completion is based on assessment of completeness and quality of the submitted documents and data.

The conclusion about lack of a possibility of adoption by the Government of the Rostov region of the decision on the conclusion on behalf of the Rostov region of the concession agreement is drawn in the following cases:

the concession agreement provides the obligations of the concessor for payment of a payment of the concessor to the concessionaire which are not provided by regulations of the Rostov region;

the concession agreement provides obligations of the concessor for payment of a payment of the concessor to the concessionaire over the term and means provided by regulations of the Rostov region.

4.2. The industry body within 10 working days from the date of preparation of the generalized conclusion sends to the Governor of the Rostov region the offer and the generalized conclusion for making decision on the conclusion on behalf of the Rostov region of the concession agreement.

4.3. In case of making decision on the conclusion on behalf of the Rostov region of the concession agreement the industry body prepares the draft decision of the Government of the Rostov region on the conclusion of the concession agreement on behalf of the Rostov region concerning the offered object in the order established by Regulations of the Government of the Rostov region.

4.4. The industry body in the course of definition of the concessionaire for implementation of the project carries out the following functions:

placement of the decision of the Government of the Rostov region on implementation of the draft of the concession agreement on the official site of industry body on the Internet and on the official site of the Russian Federation on the Internet for placement of information on tendering ( in case the decision on implementation of the project is made on the basis of the offer on implementation of the project prepared at the initiative of the subject of business activity);

reception, consideration and decision-making according to statements of other persons for intention to participate in a competition on the right of the conclusion of the concession agreement according to the Law on concession;

development of the draft agreement on holding a joint competition with participation of the Rostov region;

development, coordination with the Ministry of Economic Development of the Rostov region of the tender documentation;

the organization of the conclusion of the concession agreement according to the Law on concession.

 

5. Interaction of executive authorities

The Rostov region at implementation of concession agreements

 

5.1. The concessor at implementation of the concession agreement carries out the following functions:

control of performance of the concession agreement in the order established by the concession agreement;

the direction in the Ministry of Economic Development of the Rostov region information on results of control;

consideration of the proposal of the concessionaire on change of essential conditions of the concession agreement, negotiation with the concessionaire on change of essential conditions of the concession agreement and making decision on development of the draft decision of the Government of the Rostov region on modification of the decision of the Government of the Rostov region on implementation of the concession agreement;

initiation of the procedure of replacement of the concessionaire at non-execution or inadequate execution of the obligations by it;

placement in electronic form by means of the state automated information system "Management" of data for ensuring carrying out monitoring of the conclusion and implementation of the concluded concession agreements, including regarding observance by the parties of the concession agreement of the undertaken obligations for achievement of the target indicators which are contained in the concession agreement, terms of their realization, volume of the involved investments and other essential conditions of the concession agreement.

5.2. In time, not exceeding 5 working days from the date of signing of the concession agreement, industry body sends the copy of the concession agreement to the Ministry of Economic Development of the Rostov region for entering of information on it into the register of the concluded concession agreements (further – the Register).

In time, not exceeding 3 working days from the date of obtaining the copy of the concession agreement, the Ministry of Economic Development of the Rostov region enters information on it in the Register.

5.3. For control of performance of the concession agreement for identification and prevention of violations by the concessionaire of conditions of the concession agreement the industry body defines the representatives from among officials of industry body.

By industry body the list of public authorities of the Rostov region and the legal entities authorized for control of performance of the concession agreement can be also defined.

The list of the representatives of industry body authorized to exercise control of performance of the concession agreement is established by industry body.

The industry body in time which is not exceeding 30 calendar days from the date of signing of the concession agreement develops and approves the plan of holding control actions at each stage of implementation of the concession agreement. By industry body unplanned control events can be also held.

 

 

 

Head of department

documentary providing

Governments of the Rostov region

 

 

 

 

 

T.A. Rodionchenko

 

 

Appendix No. 3

to the resolution

Governments

Rostov region

of 05.04.2017 No. 249

 

 

LIST

the executive authorities of the Rostov region authorized to act on behalf of the Rostov region in agreements on public-private partnership, concession agreements

 

payment order No.

Name of executive authority of the Rostov region

Name of a subject of the agreement on public-private partnership,

concession agreement

1

2

3

1.

Ministry of Transport of the Rostov region

highways or sections of highways, bridges, protective road constructions, artificial road constructions, production objects (the objects used at capital repairs, repair and the maintenance of highways), elements of arrangement of highways (including stopping points), the objects intended for collection of a payment (including points of collection of a payment), objects of road service;

public transport;

objects of railway transport;

sea and river ports, specialized ports, objects of their infrastructures, including the artificial land plots, port hydraulic engineering constructions, vessels, ferries, floating and dry docks (within the Federal law of 21.07.2005 No. 115-FZ);

sea and river ports, including the artificial land plots, hydraulic engineering constructions of ports, vessels, ferries, floating and dry docks, except for objects which according to the legislation of the Russian Federation are in state ownership are not subject to alienation in a private property (within the Federal law of 13.07.2015 No. 224-FZ);

the airfields or buildings and (or) constructions intended for take-off, landing, taxing and the parking of aircrafts and also created and infrastructure of air transport and means of service of air traffic, navigation, landing and communication intended for the organization of flights of civil and state aircrafts;

objects of production and engineering infrastructures of the airports;

transitions

2.

Ministry of Industry and Energy of the Rostov region

the property complexes intended for production of industrial output and (or) implementation of other activity in the sphere of the industry (within competence);

facilities for production, transfer and distribution of electric energy;

gas supply facilities

3.

Ministry of Natural Resources and Environmental Protection of the Rostov region

hydraulic engineering constructions;

objects of hunting infrastructure

4.

Ministry of digital development, information technologies and communications of the Rostov region

constructions of communication, the communication line and communication (within competence), other linear objects of communication and communication;

programs for electronic computers (computer program), the database, information systems (including the state information systems) and (or) the websites on the Internet or other information and telecommunication networks which part such computer programs and (or) databases are, or set of the specified objects (further – objects of information technologies), or objects of information technologies and the property which is technologically connected with one or several such objects and intended for ensuring their functioning or implementation of other activity provided by the agreement (except for the objects specified  in Paragraph 13 of the present List);

set of the buildings, parts of the buildings or rooms united by uniform appointment with the personal estate which is technologically connected with objects of information technologies, and intended for automation with use of the computer programs and databases of processes of formation, storage, processing, reception, transfer, delivery of information, ensuring access to it, its representations and distribution (data-processing centers) (except for the objects specified  in Paragraph 13 of the present List)

5.

Ministry of health care of the Rostov region

health care facilities, including objects intended for sanatorium treatment and other activity in health sector

6.

Ministry of the general and professional education of the Rostov region

objects of education

7.

Ministry of Culture of the Rostov region

culture objects

8.

Ministry of physical culture and sport of the Rostov region

sport objects

9.

Ministry of Labour and social development of the Rostov region

subjects to social service of the population

10.

Ministry of Housing and Public Utilities of the Rostov region

heat supply objects, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems;

objects on which processing, accumulation, utilization, neutralization, placement of solid municipal waste are carried out;

subjects to improvement of territories, including for their lighting

11.

Ministry of Agriculture and Food of the Rostov region

the meliorative systems and objects of their engineering infrastructure, except for the state meliorative systems;

objects of production, primary and (or) subsequent (industrial) processing, the storages of agricultural products defined according to the criteria established by the Government of the Russian Federation

12.

Ministry of construction, architecture and territorial development of the Rostov region

the property complexes intended for production of industrial output and (or) implementation of other activity in the sphere of the industry (within competence)

13.

Department according to prevention

and emergency responses of the Rostov region

programs for electronic computers (computer program), the database, information systems (including the state information systems) and (or) the websites on the Internet or other information and telecommunication networks which part such computer programs and (or) databases are, or set of the specified objects (further – objects of information technologies), or objects of information technologies and the property which is technologically connected with one or several such objects and intended for ensuring their functioning or implementation of other activity provided by the agreement which activity is directed to implementation of the concept of construction and development of the Safe City hardware and software and development of a system of providing a call of the emergency operational services in uniform number "112";

set of the buildings, parts of the buildings or rooms united by uniform appointment with the personal estate which is technologically connected with objects of information technologies, and intended for automation with use of the computer programs and databases of processes of formation, storage, processing, reception, transfer, delivery of information, ensuring access to it, its representations and distribution (data-processing centers) which activity is directed to implementation of the concept of construction and development of the Safe City hardware and software and development of a system of providing a call of the emergency operational services in uniform number "112"

 

 

 

Head of department

documentary providing

Governments of the Rostov region                                                T.A. Rodionchenko

 

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