Basic principles, signs, conditions for formation, development and models of public-private partnership

Abstract This article discusses the special role of public-private partnership in the development of the country's industrial and social infrastructure, along with the new quality of public and private services. The overwhelming majority of developing countries and countries with economies in transition need to expand and deepen their knowledge on the development of PPP potential, improve the qualifications of personnel, as well as in the formation of effective procedures for the implementation of such projects, which will allow them to properly develop and implement promising strategies for economic growth. There is a certain experience of PPP in the Republic of Kazakhstan in the field of formation and management of energy, transport and industrial infrastructure. Most of the PPP projects are considered in the plane of social projects of life support of the population in territorial entities.

With the formulation of a strategic task for Kazakhstan to become one of the 30 most developed countries in the world, the indicators of the countries of the Organization for Economic Cooperation and Development (OECD) became fundamental for the development of the republic: building a science-intensive economic base, increasing the share of non-primary products in exports, creating new high-tech sectors of the economy and increasing funding science is not less than 3% of GDP. Work in this direction, according to the President of the Republic of Kazakhstan N.A. Nazarbayev, requires the improvement of legislation on venture financing, support for research and innovation, as well as the commercialization of scientific developments, and the use of foreign investments to transfer knowledge and new technologies to Kazakhstan (genetic engineering, space, mobile, multimedia, nano-, search and discovery of future energy, robotics technologies). Since only innovation can contribute to a sharp increase in labor productivity, the basis for the "economy of the future" should be an effective and efficiently functioning national innovation system.

These tasks find their solution in the process of determining the role and place of public-private partnership in the development of entrepreneurship in the Republic of Kazakhstan. The successful development of Kazakhstan, which has rich natural resources, highly qualified human capital, can be achieved by using the organizational and economic potential of PPP, especially in the system of industrial and social infrastructure. To achieve the goals set in the strategy of Kazakhstan to enter the number of the thirty most developed countries in the world "Kazakhstan-2050", the country needs a significant development of infrastructure industries.

The project defines the special role of PPP in the development of the country's industrial and social infrastructure, along with the new quality of public and private services.

Thus, the effectiveness of the socio-economic development of the Republic of Kazakhstan at the present time will largely depend on a new tool for economic development and modern models of interaction between the state and business structures.

There is a certain experience of PPP in the Republic of Kazakhstan in the field of formation and management of energy, transport and industrial infrastructure. Most of the PPP projects are considered in the plane of social projects of life support of the population in territorial entities.

One of the reasons for the inefficiency of the innovation system of Kazakhstan is the lack of integrity in the system of generation, development and diffusion of innovations. The republic has all the links necessary for the emergence of innovations, which, in turn, have an unequal level of development and are weakly interconnected. There is an institutional gap between the state, science and business as the main subjects of innovation. The innovation infrastructure needs to fill this gap, with the goal of ensuring integration between the main innovation actors. An imbalance in the development of innovation infrastructure and its elements leads to ineffective interaction of economic agents engaged in innovation activities, and, as a result, to a low level of innovativeness of the country's economy as a whole.

The government of Kazakhstan creates a number of legal, institutional and economic prerequisites that contribute to the arrival of the potential of private entrepreneurship in infrastructure sectors to solve state and socially significant problems. In the studies and concepts studied, scientists have accumulated a wealth of experience in analyzing this topic, as well as put forward and substantiated constructive proposals for the formation of strategic goals and the implementation of public-private partnership projects. However, a model for the implementation of a public-private partnership program, taking into account the interaction of all elements, needs to be formed. The development of an effective methodological basis for the mechanism of interaction within the framework of public-private partnerships in the national innovation system is especially urgent. All in a complex requires improving the mechanisms of public administration in the field of public-private partnership.

As a result of the development of public-private partnership projects, the tasks arise of assessing the degree of socio-economic significance of projects, the level of their effectiveness in order to make decisions on their implementation on the basis of public-private partnership, associated with the main trends in the development of national innovation systems in modern conditions, which emphasizes the relevance of the present study.

The history of the process of interaction between the state and individuals goes deep into ancient times. Back in the era of Ancient Greece, Rome and Iran, the state transferred its powers to implement socially important tasks to private structures for a fee.

Private individuals - the tax collectors - were engaged in the collection of taxes in Rome, most of which were outsourced to annual auctions. Through the procurator in the Roman provinces, the state transferred land plots to private individuals for the search and development of minerals for a fee to the treasury of Rome. Individuals in the Roman Empire were given the right to manage stations, ports, banks [1]. Thus, in order to manage the latter, private owners joined the objects controlled by the state, i.e. the idea on which modern PPP is based was realized in the ancient period, taking into account the existing needs and opportunities.

In the practice of European countries, even in the Middle Ages, the term "concession" was used, i.e. transfer of state property to private persons. The experience of implementing projects jointly by the state and business structures arose quite a long time ago: the first construction of the canal on a concession basis in France took place in 1552. This public-private partnership project was authorized by King Henry II for the construction of a canal in the Crots valley, near the city of Salon de Provence.

In the Middle Ages, in many European countries (Great Britain, Holland, Spain), a system of leases developed and became one of the most important sources of capital accumulation. In England in the middle of the XVII century, given the economic crisis, the state allowed private individuals and entrepreneurs to develop infrastructure. The construction of roads with special points for payment of travel on them and bridges was carried out entirely on the initiative and at the expense of entrepreneurs. A group of British locals formed road construction trusts while borrowing money from private investors to repair roads, repaying the loan by collecting tolls. Until the middle of the XIX century. most of the London bridges were financed by bridge trusts. Lighthouses in England and Wales operated on the principles of partnership between the state and private owners.

The experience of Russia is indicative. Having a certain similarity with the European development of the partnership between the state and private capital, the Russian state also had certain features. Some authors mention PPP as a form of ownership in Russia in the 15th – 16th centuries. At that time, the development of interaction between the state and \ foreign partners begins. So, in 1555, the first concession was granted to an English company.

The acceleration of economic growth during the existence of the Russian Empire was accompanied by the attraction of both domestic and foreign entrepreneurs, as indicated by such researchers as I.V. Ganzha [2], T.N. Sobolev, L.A. Tsyganova [3]. For example, the proliferation of partnership between the state (tsarist) apparatus and the private owner formed and developed such forms of cooperation as: government buyouts, transportation contracts, attracting foreign specialists, joint ventures, syndicates, concessions. One of the elements of interaction between the state and the private sector was contracts for the transportation of lead, the extraction and delivery of salt, the procurement and delivery of bread, etc.

With the beginning of the reforms in 1861, joint ventures were formed in Russia, the interaction of various syndicates with the state developed, 128 joint-stock companies were created. The entrepreneurs of that period used several types of monopolistic agreements - trusts, concerns, syndicates. The first two syndicates were created between 1886 and 1887. The most popular form of PPP in Russia for centuries, according to a number of authors, is a concession. The first concession for the construction of the Kozlov - Voronezh railway was issued in 1866 [4]

Due to the rapid development of infrastructure in the XIX century. became the golden age of concessions for both railways and all urban services: water supply, lighting, transport. During this period, there were a large number of privately financed road and canal projects, and there was a rapid development of international project financing mechanisms, including the placement of international bond issues to finance railway construction or other large infrastructure projects.

World wars in the XX century. reversed this trend, indicating the strengthening of the role of the state. The disintegration of countries, economies and long-term contracts was strongly felt throughout Europe.

Since the 1930s. there has been a worldwide trend towards an increasing role of the public sector in the provision of infrastructure and other services. During this period, there was also a decrease in the degree of openness of the world economy. In many countries, the dominant role of the public sector in the provision of infrastructure services has been enshrined in constitutions.

The experience gained was used quite successfully in Soviet times. Concession activities in the USSR existed in the manufacturing industry, construction, agriculture and other spheres of the national economy [5]. Most of the concessions in the USSR were in the machine-building field, with their help, the implementation of the GOELRO plan, the construction of GAZ and ZIL was ensured. After the collapse of the NEP, foreign capital was squeezed out.

Thus, the interaction of state structures and representatives of private capital was carried out both during the time of the Russian Empire and during the existence of the USSR, differing in the scale of attraction, the goals and forms of such partnership. Concession turned out to be a fairly widespread form of partnership in the historical context.

Active public-private partnerships (hereinafter - PPP), for example, in a concession form, were used by many countries at the turn of the 19th – 20th centuries. Interest in this form of cooperation did not diminish in Europe in the following decades. In addition to road construction, concessions were used in many countries in the 19th and early 20th centuries. for the construction of facilities such as railways, water supply and sewerage facilities, treatment facilities.

In the twentieth century, especially in its last decade, there is a new surge in PPP. Privatization objects began to be transferred to private hands, which in most countries were considered inappropriate for socio-political reasons, due to the high risks of discrimination against vulnerable groups of the population, and which the state was unable to manage effectively due to the limited state and private budgets.

The search in the theoretical and practical planes of the boundaries of state intervention in the management of the economy, overcoming the imperfection of market mechanisms have caused the emergence of different views on the specified problem. New, extraordinary approaches were needed, finding a compromise that would overcome the existing differences.

In 1992, the government of J. Meijer introduced a new concept of state property management - "private financial initiative" (prіvate fіnancіng іnіtіatіve, PFІ), i.e. transferring to private entrepreneurs within the framework of partnership agreements the functions of financing construction, reconstruction, operation, management of state-owned industrial and social infrastructure (transport, utilities, ports, communication lines, post office).

Similar PPP legislation later began to be adopted by other European countries (Sapin Law 1993 in France, Merlon Law 1994 in Italy, Law on Financing and Innovation in Transport Infrastructure in the United States).

Late XX - early XXI centuries became the peak of the increase in PPP in the world.

In the group of developed countries in the first place in the development of PPPs are the United States. In this country, many highways were built and operated by private companies, while continuing to be public property. So, in 1985-2004. In the US road sector, 62 PPP projects were implemented with a total investment of $ 42 billion. [6]

An active and consistent supporter of the transfer of public and private property and the rights to provide public services to private companies is the European Union, and in it - Great Britain, Germany, Spain, Italy, France. In the pre-crisis period in countries with a developed PPP institute, more than 40 projects were implemented annually on this basis [7].

The number of countries in which partnership between the state and the private sector is developing in various forms is constantly growing. In many countries of Europe, Asia, Latin America and others, a number of activities have been carried out to support the mechanisms of such a partnership. This was due to the growing demands on public services and infrastructure, on the one hand, and limited government budgets, on the other. According to the results of the World Bank's research, developing countries - India, Brazil, Mexico, China, and the Russian Federation - have become the most active in relation to the practical use of the advantages of PPP.

The last decades have shown that PPP has confirmed its effectiveness in the implementation of many large-scale projects in the field of transport, electricity, housing and communal services, etc.

Currently, there are several options for defining PPP. Harvard Law Revіew, referring to the work of Stephen Leader, defines a PPP as an institutional arrangement that embodies a government-private partnership agreement that creates a joint venture and the government has one or more private partners. [8].

An analysis of the theory and practice of economic development and management of countries with developed market economies proves the effectiveness of public-private partnerships in various sectors of the economy. Thus, in the United States, PPP is traditionally associated with the renewal of infrastructure and economic development of cities; for the UK, this partnership is identified with the Private Finance Initiative (PFI); in post-Soviet countries, PPP projects are seen as important tools for the provision of public services and the development of society; in the EU countries, PPP is interpreted as an effective mechanism for combating social inequality and a factor in the development of social society.

A historical excursion into the formation and evolution of forms of PPP made it possible to identify a number of conditions for its emergence and development:

• the need to delegate, on various grounds, the powers to implement public administration functions to individuals or structures;
• the need to solve socially significant problems, often of an infrastructural nature, with a lack of investment resources from the state;
• the need to attract the state by private entrepreneurship, as the owner of certain resources and rights, in order to implement large-scale projects that are attractive for entrepreneurship.

Currently, in most of the EAEU countries, there is no legislative consolidation of the concept of PPP. Certain steps have been taken in this direction in Russia recently. In July 2015, the Federal Law of July 13, 2015 No. 224-FZ "On Public-Private Partnership, Municipal-Private Partnership" was adopted, according to which public-private partnership is understood as the interaction of a public partner, on the one hand, and a private partner , on the other hand, carried out on the basis of a public-private partnership agreement concluded based on the results of competitive procedures, aimed at improving the quality and ensuring the availability of services provided to the population, as well as attracting private investment to the economy.

In the Republic of Kazakhstan, in the legal aspect, the concept of PPP is enshrined in Chapter 1, Article 1 of the Law of the Republic of Kazakhstan "On Concessions" dated July 7, 2006 No. 167-3 (with amendments and additions as of December 26, 2019) [9], according to which PPP is a form of cooperation between by the state and private business entities, aimed at financing, creation, reconstruction and (or) operation of social infrastructure and other spheres of life support.

In our opinion, the consolidation of the definition of PPP in the Law "On Concessions" is to a certain extent forced and temporary, since it unites not only its institutional, but also its content.

Nevertheless, it should be emphasized that the fundamental points in this partnership are: firstly, the decisive role of the state in deciding on the choice of objects for the conclusion of partnership agreements, which does not exclude the possibility of the initiative on the part of private entrepreneurship in their search; secondly, the mutually beneficial partnership participation, which is the basis for the consistency of their goals in the implementation of the agreement.

Thus, the various conditions for the emergence of the PPP institution, different models of its implementation, taking into account both national characteristics and the evolutionary component, the presence or absence of legal support of this institution, as well as a fairly strong variety of definitions of PPP indicate that this is a complex economic phenomenon, not having by now a sufficient theoretical and methodological base.

The analysis of the sources also shows that the term "public-private partnership" is used on the basis of a clear definition of the leading role of the state, taking into account the mentality and the

dominant role of state authorities. In addition, it is emphasized that it is the state that is the initiator of many PPP projects.

The subject of public-private partnership is always public (private) property or a service provided by authorities to economic entities [10]

In our opinion, public-private partnership should be understood as a specific type of activity of state and business structures in the form of integration of public and private interests and competencies, which, on the one hand, makes it possible to more efficiently realize entrepreneurial potential, taking into account their expansion of the investment process and increase in profits. , on the other hand, it enables the state to solve general economic and social problems, taking into account the successful development and functioning of industrial and social infrastructure facilities.

Partnership in a mixed economy, when the state transfers part of its functions to regulate the economy to business structures, is a prerequisite for the development of infrastructure industries.

The implementation of PPP projects is most widespread in the world in the energy and transport infrastructure. Thus, according to the World Bank, transport infrastructure projects account for 27% of the total number of implemented PPP projects, which puts transport in second place among infrastructure industries after energy (Figure 1).

According to the World Bank, in the Republic of Kazakhstan in the structure of infrastructure PPP projects in terms of the number and volume of investments, the first place is taken by projects related to telecommunications; in the Republic of Kazakhstan, energy-related projects are predominant in terms of number, and telecommunications projects in terms of investments (Table 1).

Table 1

The number of PPP projects and the volume of investments by sectors of the economy in the Republic of Kazakhstan, 1990 – 2020

211

In many countries of the world, the PPP institute, which implements socially significant projects, is assigned the following roles in the system of economic relations of the state [12]:

• formation of general investment resources of the public and private sectors to achieve socially significant results;
• increasing the efficiency of using state property objects based on entrepreneurial motivation;
• creation of new management methods;
• creating added value for consumers and society as a whole;
• objective definition of market needs;
• optimal use of resources.

For the development of PPP relations, it is important to understand its potential benefits for the state, private partner and society as a whole, which motivate to participate in such projects (Table 2).

Table 2

Potential Benefits of PPP

For society as a whole: better quality goods / services with a decrease in their prices (as a result of economies of scale, introduction of new technologies, reduction of overhead costs); acceleration of construction / modernization of infrastructure facilities

Note: compiled by the author.

Taking into account the analysis of scientific concepts in the field of PPP, as well as existing practices of using this tool in developed and developing countries, the definition of PPP as a specific type of activity of state and business structures in the form of integration of public and private interests and competencies, which, on the one hand, makes it possible more effective implementation of entrepreneurial potential, taking into account their expansion of the investment process and increase in profits, on the other hand, it enables the state to solve general economic and social problems, taking into account the successful development and functioning of industrial and social infrastructure.

PPP takes a variety of forms and models in accordance with the degree of involvement of the private and public sectors, as well as taking into account the level of risk that the parties assume.

The National Council on Public-Private Partnerships of the United States proposes the following classification of PPP forms, where the purpose of its creation is a sign of the classification. [13]:

• partnerships created for the speedy implementation of priority infrastructure projects and, thus, created in accordance with the package tender procedure;
• partnerships created to attract the management expertise of a private partner to implement large and complex programs;
• partnerships, the priority goal of which is to attract new technologies developed in the private sector;
• partnerships that aim to attract a variety of financial resources available to business structures;
• partnerships that allow the provision of favorable conditions for the development of infrastructure created by a private partner.

No less controversial is the issue of classifying PPP models. In foreign and domestic literature, there are many classifications of models of partnerships between the state and business structures in the economic sphere.

As part of the formation of PPP models, the rights and obligations that the state transfers to the private sector for implementation are determined, while the benefits received by the parties depend on the distribution of risks between them and the choice of the payment mechanism by the state to the private sector.

Figure 2. Classification of PPP models

Source: compiled by the author.

In world practice, there are many classifications of PPP models (Figure 2). Each stakeholder classifies PPP models according to characteristics that will help them in the future to identify the models and work with them.

The World Bank categorizes PPP models into four main groups.

1. Management and Lease Contracts - a private partner takes over the management of the project for a specified time. Property and investment obligations remain with the state:

• management contracts - the state pays a private partner for project management. Operational risk remains with the state;
• leasing contracts - the state leases the project to a private partner for a fee. Operational risk passes to the private partner.

1. Concessions - a private partner takes over the management of a state project for a certain period of time together with investment risk:

• reconstruction, management, transfer (Rehabilitate, Operate and Transfer (ROT)) - a private partner reconstructs an existing facility, then manages and maintains it at its own expense and at its own risk until the end of the contract;
• reconstruction, leasing or rent, transfer (Rehabilitate, Lease or rent, Transfer (RLT)) - a private partner reconstructs an existing facility, then leases or leases it from the state and manages the project until the end of the contract;
• construction, reconstruction, management, transfer (Build, Rehabilitate, Operate and Transfer (BROT)) - a private partner completes an existing facility, then manages and maintains it at its own expense and at its own risk until the end of the agreement.

1. Greenfield Projects - a private partner or joint venture with the government builds and manages the facility throughout the contract period:

• construction, leasing, transfer (Build, Lease and Transfer (BLT)) - a private investor builds an object at his own risk, transfers ownership to the state, then leases the object and manages it until the end of the contract. The state can provide the investor with guarantees of long-term cash flows through a guaranteed minimum workload of the facility (widely used on toll highways) or contracts with major consumers (energy);
• construction, management, transfer (Build, Operate and Transfer (BOT)) - a private investor builds an object at his own risk, manages at his own risk and transfers ownership to the state at the end of the agreement. During the term of the contract, the ownership of the object can be transferred to the state or remain with the investor. The state provides the investor with guarantees of long-term cash flows through a guarantee of the minimum workload of the facility or contracts with major clients;
• construction, ownership, transfer (Build, Own and Operate (BOO)) - a private investor builds and owns an object at his own risk. The state can provide the investor with guarantees of longterm cash flows through a guaranteed minimum workload of the facility (widely used on toll highways) or contracts with major consumers (energy);
• a commercial project (Merchant) - a private investor builds an object on a free market, where the state does not guarantee the return of investments. The private partner assumes construction, management and market risks;
• Rental - the state rents an object from a private investor for a period of 1 to 15 years. At the same time, a private investor builds a new facility at his own risk, manages at his own risk throughout the contract. The state can provide the investor with guarantees of short-term cash flows through contracts with the main consumers of the facility.

1. Transfer of assets (Divestitures) - a private partner buys a share of an object from the state through a public offering or privatization. There are complete and partial alienation of property:

• full - a private partner buys 100% of the property from the state;
• partial - the private partner buys a share of the state enterprise, and the management of the object may remain with the state.

The characteristics of the main PPP models developed in accordance with the World Bank methodology are presented in Table 3.

Table 3

Characteristics of the main PPP models by the World Bank

This classification applies to infrastructure projects, which constitute the bulk of PPP projects.

As the world practice shows, the most common PPP model used in the implementation of infrastructure projects is a concession.

It seems important to reveal the term "concession" proposed by various researchers, and to determine what content will be invested in the concept of "concession" in this work.

Terminologically, the concept of concession comes from the Latin word "concessia", which means "consent, assignment, permission, grant, allotment" and is considered in the following meanings: 1) as a relationship for the use of public property objects transferred under certain conditions to the concessionaire; 2) as an imperious public act; 3) directly as objects that are transmitted; 4) as a contract for the transfer of these objects.

In the Republic of Kazakhstan, PPP projects for the period 1990 – 2020 the largest number of PPP projects and the largest inflow of investment fell on the asset transfer model (67% of the total number of projects and 52% of the total investment, respectively) (tables 4, 5).

Table 4

The number of PPP projects by model options in the Republic of Kazakhstan in 1990 – 2020

Table 5

Investments in PPP projects by model options in the Republic of Kazakhstan, USD million

Thus, in the Republic of Kazakhstan, PPP is carried out mainly through the transfer of assets.

The models used to implement PPP-based infrastructure projects are:

1. "Construction and Operation" model: the state enters into an agreement with a private company for the operation of an infrastructure facility of state ownership;
2. Model "Design and construction": the state enters into an agreement with a private partner for the design and construction of an object that meets the specified standards. After construction, the facility becomes the property of the state, which also operates it; 3) "Design, build and operate" model: a private partner designs, builds an object, and also operates it;
3. the model "Design, construction and operation of additional facilities": a private partner finances, designs and builds facilities additional to state-owned facilities, and also operates the entire infrastructure facility;
4. "Rent and purchase" model: the state enters into an agreement with a private partner for financing and construction of an infrastructure facility. The private partner leases the object for a certain period to the state, which pays the rent to the private partner until his expenses are covered and he does not receive the planned income;
5. model "Transfer of the object to a private partner": the object is transferred to the management of a private company, which modernizes it (creates new objects, modernizes, replaces equipment, etc.), improves the quality of services;
6. model "Lease, design, construction, operation": a private partner rents an object from the state (or buys it out), modernizes it for budget funds, transfers it to the state, while operating the object, covering its costs through operation (lease) object;
7. “Construction, transfer to ownership and operation” model: the state enters into an agreement with a private company for financing and construction of an object, which, after completion of construction, becomes the property of the state, after which it is leased by a private partner;
8. model "Design, construction, operation": the state orders the financing and construction of a private company facility;
9. Model "Design, construction, ownership and operation": the state enters into an open-ended agreement with a private partner for financing, design, construction and operation of the facility.

At the stage of concluding a PPP agreement for a public partner, a table was developed to assess the advantages and disadvantages of such an agreement for various models (Appendix A).

These models can be considered basic. On their basis, a large number of combinations of their individual elements are possible. In each specific case, when concluding a PPP agreement on the creation of an infrastructure facility in the innovation sphere, to build a PPP model, it is necessary to proceed from the goals set by the partners and their capabilities, primarily resource ones.

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