Experts Specified Key Areas For Improving Legislation And Approaches To PPP In IT

29 october 2019

Sochi hosted a master class Investment and PPPs in IT that was organized by the Ministry of Communications of Russia together with the Project Office for the implementation of the Digital Economy National Program of the Analytical Center for the Government of the Russian Federation, FSBI Research Institute Voskhod, National Research University Higher School of Economics and Autonomous Non-Profit Organization Data Economy.

The event was held as part of the regional meeting Leaders in Digital Development. It was attended by representatives of federal, regional and municipal authorities, business and the professional community in the field of investment and IT.

The practical part of the master class was preceded by expert presentations. Nadezhda Kostryukova, Head of the Center for the Development of Investments and PPP in the Digital Economy at FSBI Research Institute Voskhod, spoke about contractual models for attracting investment in IT projects. Evgeniya Zusman, Deputy Director of the Center for Investment Analysis at the Institute for Statistical Studies and Economics of Knowledge, National Research University Higher School of Economics, You & Partners Partner, specified the problem areas of legislation and typical issues when structuring PPP projects in the IT field. Aleksey Tulikov, the Director General of RAESKO Association drew attention to the peculiarities of the transfer of rights, the provision of services and data processing in the implementation of PPP projects in the field of IT. Ulyana Ogorodova, Deputy Director of the Legal Department at the Center for Advanced Technology Development, spoke about the practical experience of structuring the first PPP agreement in the field of numerical tagging.

Master class participants worked on the packaging of PPP and concession projects in the field of digitalization of transport and housing and communal services. Having examined the case — the concession agreement for the intelligent transport system and the PPP agreement for the unified informational analytical system of the housing and communal services (EIAS), the participants identified key areas for improving the legislation and approaches to PPP in the field of IT, which include:

·        development of federal guidelines for the implementation of PPP projects in IT, including on the issues of changing the composition of IT facilities in the process of implementing such projects, assessing the contribution of the private party and the cost of IT solutions when introducing previously developed software in various regions;

·        amending the legislation in terms of clarifying the possibility of concluding concession agreements and PPP agreements in relation to smart city projects and other municipal IT facilities, as well as clarifying the possibilities of monetization of data and services;

·        improvement of legal regulation in the field of creation, development and operation of state information systems to further take into account the specifics of the implementation of concession projects and PPP agreements.

Participants consider it relevant to prepare regulatory and guidance documentation at the premises of the Center for the Development of Investment and PPP in the Digital Economy, accumulating proposals and needs to improve legislation and approaches, as well as project initiatives from federal and regional government agencies and interested organizations. They propose paying special attention to generalizing the experience of implementing PPP projects in IT and maintaining a register of such projects, coordinating the introduction of best practices and methodological support for the implementation of PPP projects in IT, ensuring prompt settlement of open issues arising within the framework of structuring PPP projects in IT.