Model law for member states of commonwealth of independent states "on public-private partnership": problems of legal regulation of procurement procedures

Abstract

The article analyses key provisions of procurement procedures of the Model law “On public-private partnership” for member states of the Commonwealth of Independent States adopted on 28 November, 2014 by the Interparliamentary Assembly of the Commonwealth of Independent States. The author discusses the necessity of introduction of special procurement procedures in special legislation on public-private partnership with the procedures being different from procurement procedures in case of concluding state contracts for governmental needs. After the positive answer on necessity of special procurement rules in cases of public-private partnership the author analyses procurement procedures established in the Model law. Special attention is given to the use of negotiations and the practices of competitive dialogue procedure and private (unsolicited) proposals, unknown for the Russian law.

Keywords:

рublic-private partnership, private partner, procurement procedures, negotiations, competitive dialogue, model law for CIS countries