Moscow region's participation in public private partnership

12.09.2013

Legal Update No. 438, 12 September 2013

Goltsblat BLP advises that Law of the Moscow Region No. 64/2013-OZ dated 22 June 2013 "On the Moscow Region's Participation in Public-Private Partnership" (the "Law") has been adopted.

The law takes into account PPP experience in the Moscow Region and supersedes Moscow Region Law No. 80/2011-OZ of 8 June 2011 developed on the basis of a model regional law "On Participation by a Constituent Entity of the Russian Federation or a Municipality in Public Private Partnership Projects".

The law sets out the procedure by which the Moscow Region participates in PPPs, as well as the terms for and the forms of such participation. It should be noted that the Law has the advantage of providing an open-ended list of forms of participation, this allowing a project to be structured flexibly and its commercial and other specific features, as well as each party's interests, to be taken into account. Considerable attention is given to PPP forms connected with a partner being provided with land plots and other real estate on a lease-hold basis, with the subject of the agreement passing into its ownership.

Furthermore, the Law regulates in more detail the procedure for holding a tender for concluding an agreement and a land plot lease for construction purposes, the conditions for allocating appropriations from the budget and control over project implementation.

The Law took effect on 5 July 2013.

If you have any question or would like more detailed information, please contact: Vitaly Mozharowski, Partner, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Vitaly.Mozharowski@gblplaw.com; or Yuri Chernobrivtsev, Partner, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Yuri.Chernobrivtsev@gblplaw.com; or Maksim Popov, Associate Director,Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Maksim.Popov@gblplaw.com.

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