Round table in the Federation Council on PPP in IT

30.11.2018

On 30 November 2018, a round table was held in the Federation Council on “Public-private partnership in the area of information infrastructure development”. The experts who took part in the round table, expressed their views on how the market of PPP projects in the IT sector looks today, in which sectors such projects were and will be implemented, and what problems and limitations are faced by the parties to IT projects.

The participants of the round table included the representatives of regional governmental agencies responsible for IT development, along with investors, sponsors and expert community.

The Partner of You & Partners, Evgenia Zusman, made a presentation on the experience of implementing PPP projects in IT. Evgenia designated the main achievements of the federal law No. 173-FZ, adopted in the summer of 2018, that now it became possible to conclude PPP and concession agreements in IT sphere directly with respect to movable assets. There is no more need to search for a real estate unit to have an IT system attached to it, as it used to be done before. Evgenia also stressed that an ultimate gain of the new law is the definition of a data processing center as a combination of buildings, structural elements and premises. Previously, the question of whether premises could be subject to concession agreements arose repeatedly in various projects and was quite debatable among law enforcers. At this stage, investors from other areas are trying to exploit this definition as a ground for permission to enter into PPP agreements with respect to premises.

Among the problems that need to be addressed, Evgenia mentioned the impossibility to conclude concession and PPP agreements with respect to IT facilities at the municipal level, as well as the need to refine and update the rules on private initiative (compliance by the authorized body with the time limits for making a decision when considering a private initiative, clarification of possibility to include the provisions on the concession grantor payment into a concession agreement, and so on).

You & Partners Press Service

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