Законодательство о ГЧП: экономическое обоснование и мировая практика
Some countries treat public-private partnerships (PPP) within public procurement legislation, whilst others adopt a specially designed PPP law to distinguish PPPs from the routine purchases of goods and services. There is no evidence to suggest which of the approaches is more efficient. Differences are visible even for highly developed economies such as the UK (no special PPP law, rather policy guidance) and the US (special PPP laws adopted in over 30 States, counting.) Does it make sense to have a special PPP legislation? If yes, what should such legislation govern? The last question seems tautological as “a PPP legislation should govern public-private partnerships”, yet we claim that in order to promote economic efficiency, the law should focus on the environment that surrounds public-private relationships. We develop a model of PPP based on the system of standard contractual agreements between the government and the private sector, like the typical contracts used in public procurement. Due to the asymmetric information, some socially desirable projects are too costly to run within a standard procurement contract, this is where partnerships should help. Specific features that are needed to make those costly projects feasible, include a reduction in the information costs through a closer monitoring within the co-production, a reduction in the production costs through a lesser red tape, and extra benefits (distinct from subsidies and monetary rewards) to the private partner, arising from the cooperation with the state (e.g. reputational gains, access to new resources, etc.) In an institutional/cultural environment with [most of] these features in force, a special PPP legislation is not needed (UK and Australia are prominent examples), as there is no scope for a further reduction of the number of infeasible (costly) projects. Otherwise, a PPP law that offers the above features (e.g. by creating a dedicated PPP advisory unit) is socially desirable.
The book contains articles written for the international conference "Legal Aspects of the BRICS", held 6-8 May 2013 at the University of "Tor Vergata" (Rome). They are grouped into the following sections: Legal basis BRICS: International law and Roman law; environment and sustainable development; trade: international contracts and contemporary legal systems; energy and legal instruments. Articles are devoted to actual problems of the functioning of the BRICS and cooperation of BRICS countries.
The reform of budget sector’ entities enables us to compare the impact of different types of public procurement regulations in budget and autonomous organizations in Russia. Such analysis is important in the view of critical discussion on the effects of current procurement regulation (94-FL) as well as taking into account introducing of the Federal Contract System in 2014.
Using the differences in differences methodology we consider public procurements of two national universities in 2011-2012. All procurements of the first university were regulated by the 94-FL requirements. Procurements of the second university were regulated by the 94-FL until June 2011. Later this university introduced its own Procurements Provision. Comparative analysis of procurements of these organizations enables us to estimate the impact of the different types of regulations on the efficiency of public procurement measured by the level of competition and price decline in public tenders as well as timely execution of procurement contracts.
Monograph contains of a comprehensive research in the field of managing development system of national and international transport corridors (ITC) and devoted to the urgent, but relatively poorly understood and insufficiently covered in the scientific and academic publications the problems of strategic planning, logistics infrastructure and the formation of integrated transport and logistic systems, the organization of multi - and intermodal transportation of cargo in containers to ensure the implementation of export-import and transit potential of Russia in the global system of ITC.
The monograph consists of four interrelated sections. The first section analyzes the history of development and current state of European and Asian ITC passing through the territory of Russia. It is shown that the role of Russia in the development of transit flows of goods in the global system of ITC is prior. The second section is devoted to multi-modal and intermodal freight technologies of the system - and goods movement on the ITC. It addresses the organizational and technological features and the classification of multimodal transport of goods, development trends of intermodal freight containers, justified by the benefits of inter - and multi-modal transportation technologies and their economic efficiency. The main part of the monograph is the third section, in which great attention is paid to strategies for creating major transportation hubs and ports core network of terminal facilities and logistics centers and the formation of integrated transport and logistics systems in the areas of attraction for national and international transport corridors. The final fourth section is devoted to the geopolitical and practical issues of formation in Russia of international transport corridors and issues of national security Russia. The book is designed for a wide range of employees, managers and entrepreneurs of transportation, freight forwarding, industrial and commercial companies, academics and experts in the field of transport economics, foreign trade activities, logistics, distribution and logistics of transport, it can be used by federal and regional governments, researchers, teachers, postgraduates and students of higher educational institutions and economic profile.
Corruption in government procurements remains to be one of grave problems in transition economies. A reaction to this problem in Russia came in 2005-2006 in form of a radical reform of government procurements. This paper analyses the main parameters of firms participating in government procurements before and after changes in regulation. Our analysis is based on the data of a survey of 957 manufacturing enterprises conducted in 2009. The questionnaire included queries about participation of firms in supplies to government orders, the extent of «kickback» in public procurement system etc. A similar survey with the same sampling was conducted in 2005, and this enabled us to construct a panel of 499 firms and to have a unique opportunity for a comparison of the situation before and after the radical change in the legislation. Our regression analysis confirmed the hypotheses that in 2005, firms with government stakes, old firms (established before 1992) and larger firms had advantages in access to government orders. Our analysis of the 2009 data showed a substantial growth in the share of firms participating in government procurements. As before, large firms retain their advantages in access to government orders. However for the old firms, the corresponding coefficient became insignificant. On the other hand, firms that are located in more developed Russian regions have obtained advantages in access to government orders. Our analysis of the 2009 data also revealed that factors of active modernization of the enterprises (presence of large-scale investment projects in 2005-2008, exports, ISO certification) had no influence on access of the firms to government orders. At the same time, the fact of having fulfilled government orders in 2004 has positive influence on participation of a firm in government procurements in 2008. Estimated scales of «kickback» in 2009 were practically the same. The results of our analysis enable us to conclude that principal goals of the radical reform in 2005 were never achieved. The conclusion of our paper examines of the reason for this situation and formulates policy implications.
On the example of advocacy support of National Population Census in 2010, some specifics features of public information projects under the existing regime of public procurement are considered.
The paper discusses anti-corruption effects of public procurement reforms in Russia
Smoking is a problem, bringing signifi cant social and economic costs to Russiansociety. However, ratifi cation of the World health organization Framework conventionon tobacco control makes it possible to improve Russian legislation accordingto the international standards. So, I describe some measures that should be taken bythe Russian authorities in the nearest future, and I examine their effi ciency. By studyingthe international evidence I analyze the impact of the smoke-free areas, advertisementand sponsorship bans, tax increases, etc. on the prevalence of smoking, cigaretteconsumption and some other indicators. I also investigate the obstacles confrontingthe Russian authorities when they introduce new policy measures and the public attitudetowards these measures. I conclude that there is a number of easy-to-implementanti-smoking activities that need no fi nancial resources but only a political will.
One of the most important indicators of company's success is the increase of its value. The article investigates traditional methods of company's value assessment and the evidence that the application of these methods is incorrect in the new stage of economy. So it is necessary to create a new method of valuation based on the new main sources of company's success that is its intellectual capital.
The article is devoted to the study of the authoritarianism prevalent in the mass consciousness of Russians. The article describes a new approach to the consideration of the authoritarian syndrome as the effects of the cultural trauma as a result of political and socio-cultural transformation of society. The article shows the dynamics of the symptoms of the authoritarianism, which appear in the mass consciousness of Russians from 1993 to 2011. This paper proposes a package of measures aimed at reducing the level of the authoritarianism in Russian society.
This work looks at a model of spatial election competition with two candidates who can spend effort in order to increase their popularity through advertisement. It is shown that under certain condition the political programs of the candidates will be different. The work derives the comparative statics of equilibrium policy platform and campaign spending with respect the distribution of voter policy preferences and the proportionality of the electoral system. In particular, it is whown that the equilibrium does not exist if the policy preferences are distributed over too narrow an interval.
The article examines "regulatory requirements" as a subject of state control over business in Russia. The author deliberately does not use the term "the rule of law". The article states that a set of requirements for business is wider than the legislative regulation.
First, the article analyzes the regulatory nature of the requirements, especially in the technical field. The requirements are considered in relation to the rule of law. The article explores approaches to the definition of regulatory requirements in Russian legal science. The author analyzes legislation definitions for a set of requirements for business. The author concludes that regulatory requirements are not always identical to the rule of law. Regulatory requirements are a set of obligatory requirements for entrepreneurs’ economic activity. Validation failure leads to negative consequences.
Second, the article analyzes the problems of the regulatory requirements in practice. Lack of information about the requirements, their irrelevance and inconsistency are problems of the regulatory requirements in Russia.
Many requirements regulating economic activity are not compatible with the current development level of science and technology. The problems are analyzed on the basis of the Russian judicial practice and annual monitoring reports by Higher School of Economics.
Finally, the author provides an approach to the possible solution of the regulatory requirements’ problem. The author proposes to create a nationwide Internet portal about regulatory requirements. The portal should contain full information about all regulatory requirements. The author recommends extending moratorium on the use of the requirements adopted by the bodies and organizations of the former USSR government.