Public-private partnership (PPP) in the field of information technology

Public-private partnership (PPP) in Russia

Main article: Public-private partnership (PPP) in Russia

2023

The state will be able to pay for IT systems from additional income from them

In mid-December 2023, a bill on a new form of financial participation of the state in IT concessions was submitted to the State Duma of the Russian Federation. We are talking about paying the concessionaire the cost of services provided by him during the operation of the object of the agreement in the interests of the state.

According to the Kommersant newspaper, the proposed approach is based on the concept of "profitable concessions." The obligations of the parties in this case are due only to the result: the state uses the information systems or databases created by private partners "in the formation of additional budget revenues," and the concessionaire "must be interested in achieving the final result." It is assumed that this approach will create a more orderly mechanism for financing IT concessions.

For payments to the concessionaire, the authors of the document propose to allocate no more than 50% of the income received by the state from the operation of the facility. This is necessary to ensure "budgetary efficiency." The new scheme can be applied subject to certain conditions: in particular, the agreement should provide for the possibility of the state receiving income from the use of IT facilities by the concessionaire. The use of other forms of financial participation of the state in such projects, such as a capital grant or reimbursement of expenses after the commissioning of the facility, is not allowed. In this case, the projects themselves can be selected only on a competitive basis.

At the same time, some experts point out possible difficulties in the practical implementation of the mechanism. For example, there is no clarity on how investors will be protected in the absence of income.

It is not clear exactly how in practice and how widely the mechanism of tenders for the right to conclude concessions for IT facilities will be applied and whether IT companies will participate in such agreements, taking into account the fact that the industry is provided with tax preferences in the conduct of certain types of activities, - said Irina Levitan, advisor to the general director of SKB Kontur on legal issues[1]

In Russia, 35 city IT PPP projects were counted. There could be more, but there are obstacles

In Russia, 35 city PPP projects in the field of information technology are being implemented. Such data on September 26, 2023 was provided by Maxim Tkachenko, Senior Managing Director of the National PPP Center ANO, at a conference on public-private partnership and attracting investment in Russian infrastructure.

Objects in the field of urban lighting, as IT objects have not yet passed, they still pass, as elements of the arrangement of the road network and as a "hard" infrastructure, therefore, they are not included in the statistics given, Maxim Tkachenko specified. The concession agreement regarding the Platon charging system and the PPP agreement regarding the digital labeling and tracking of the turnover of goods are also not taken into account as "urban." At the same time, the statistics take into account projects on photo and video recording and on digitalization in sports and education.

From the presentation of Maxim Tkachenko

The largest share of current PPP projects falls on digitalization in transport - mainly parking concessions, concessions in the field of photo and video recording. The availability fee is still dominant in the market - these are projects for photo and video recording of a large number of integrators who "walked around the country" a couple of years ago, notes Maxim Tkachenko. But the request from cities at the same time in the reverse concept is "give us IT projects in which I do not pay," in which exclusivity is exchanged in exchange for investment.

There are still very few projects in public administration. Among them are "Digital Primorye" and the Krasnogorsk case with the identification of the correctness of the use of land plots. The Digital Primorye company, in particular, became one of the pioneers of PPP in the region and the first concession of its kind in the country - for the first time in Russia, not only the region participates in the concession, but also the municipalities - Vladivostok, Ussuriysk, Artem and Nakhodka.

The authorities acted as the customer, the investor - the executor. "Digital Primorye" created by order of the authorities 30 different services in the fields of transport, security, housing and communal services, tourism, education. A service with a wide range of UAV applications is one of the components of the project. For these purposes, several drones of different classes were purchased, personnel were trained. The operators of the Digital Primorye UAV repeatedly performed the tasks of the Ministry of Emergency Situations, the Ministry of Forestry, were involved in the process of monitoring various construction projects, infrastructure conditions, etc.

In the field of education, there is an example of "Дневник.ру," which has concluded 6 PPP agreements, and "My Sport," which has 2 PPP agreements on digitalization in the field of sports. They are promoting a model within which they are ready to make an information system for free, and, due to their exclusive position and traffic, monetize projects.

Is it possible in projects with the concept of "hard plus software" to develop such a business model, a separate question. Is it possible to find such a monetization model that would make it possible to recoup large investments in technological equipment, - says the senior managing director of the ANO "National PPP Center."

For small indicators, it is difficult to talk about trends, but some loom. So, for example, the emphasis in PPP projects is now not on "hard," but on software, as mentioned above. In addition, the advantage is given not to concessions, but to PPP agreements. This is because in PPP agreements it is much easier and clearer what to do with the results of intellectual activity - the rights remain with the holder of the results of intellectual activity, Maxim Tkachenko explained. In IT, that's the most important thing.

If a situation arises when the rights to a product within the framework of a concession are transferred, there is always a moment of mutual claims for the further use and replication of this product, - explains the senior managing director of the ANO "National PPP Center."

Everything from working with the population to public administration, GIS, urban transport can hypothetically be objects of a concession agreement. ANO "National PPP Center" launched an acceleration pilot, where, together with Skolkovo and RFRIT, they tried to help incoming investors who have solutions that potentially apply to the PPP model. They tried to land such investors on the territory of cities and regions.

During this project, they saw that cities and regions do not understand what they want from them. The easiest way is to take a ready-made solution, which is already in use somewhere, and offer it under a concession with an explanation of how this can be done. And asking the city or region what it needs to do under the concession is a meaningless exercise, Maxim Tkachenko believes.

Speaking about market restrictions for PPPs in the field of IT, the senior managing director of the ANO "National PPP Center" highlighted, for example, the fact that decision-makers are still, in principle, poorly aware of such a possibility.

It seems to me that the Ministry of Digital Development and Development Institutions should separately pay attention to this topic - that concessions can be made in IT, - says Maxim Tkachenko.

There is also a certain legal immaturity: basically, in matters of monetization - it is not clear how to monetize data, an exclusive position, whether there will be questions from the FAS.

There is also a lack of a single assembly point for such projects. There is also a gap in how to confirm the real cost of development in IT - there is no toolkit that could protect an official in the event of an audit, Maxim Tkachenko believes.

Digital concessions are a new trend, said Vladimir Kilinkarov, head of infrastructure and PPP practice at legal services provider Nextons. Everyone is accustomed to the fact that there are traditional concessions in the field of infrastructure within the framework of urban economy and security, for example, in the field of urban lighting, photo and video recording, security, etc. There are also IT concessions that have started to develop relatively recently. In 2018, significant amendments to federal legislation were made that allowed a number of projects to be launched.

And digital concessions are a new concept that implies the possibility of solving capital-intensive problems in the field of urban economy through private investment mechanisms and using "smart" technologies to improve the quality of implementation of these projects, including reducing their cost for the region, for the city.

A great help here is the amendments that were adopted into law at the end of 2022: they allowed municipalities to become concessions and public partners in IT concessions. I.e. the ban on municipal-private partnerships (MFP) has been lifted, and now there is an opportunity to implement complex projects, where the city and the region will have intellectual rights to the concession object - to the digital solutions that are used in this project, notes Vladimir Kilinkarov.

2022: RFRIT, Skolkovo Foundation and National PPP Center launch IT project accelerator

RFRIT, the Skolkovo Foundation and the National PPP Center on September 16, 2022 announced the launch of an IT accelerator designed to increase the number of PPP projects in the field of information technology and increase the efficiency of their implementation. The creation of the program is provided for by a cooperation agreement concluded by RFRIT, the Skolkovo Foundation and the National PPP Center. Read more here.

The accelerator for the selection and preparation of such initiatives was launched on the basis of the Rosinfra platform, operated by the National PPP Center.

2020

Investors lined up: 35 projects are being prepared to create state IT systems according to the concession model

As of the beginning of September 2020, the Ministry of Telecom and Mass Communications has more than 35 potential concession projects in the field of creating state IT systems at the federal and regional levels, Vasily Slushkin, director of the department for the development of architecture and coordination of informatization of the department, told TAdviser. For some projects, procedures for internal and interdepartmental approvals of decisions on the conclusion of concession agreements or the preparation of private concession initiatives have already been initiated, he said.

Potential investors, federal executive bodies and executive bodies of the constituent entities of the Russian Federation are actively interested in opportunities for the creation and development of state information systems on the basis of concession agreements, - said Slushkin.

The Ministry of Telecom and Mass Communications records the interest of investors and government agencies in IT projects under the concession

And at the end of August 2020, the Ministry of Telecom and Mass Communications sent a draft resolution to the government, which introduces clarity on how state IT systems created under concession agreements with the participation of private investors should be created, developed and operated. We are talking, in particular, about amending the requirements for the procedure for the creation, development, commissioning, operation and decommissioning of state information systems and the further storage of information contained in their databases, which are determined by government decree of July 6, 2015 No. 676^[2]. They already apply to state IT systems created within the framework of public-private partnerships, and now it is proposed to add to them the creation of systems under concession agreements.

TAdviser got acquainted with the draft document and the explanatory note to it. In the note, the authors explain that the new decree is designed to eliminate legal uncertainty regarding the application of requirements for the creation, development, etc. in relation to state information systems created on the basis of concession agreements.

The current legal framework for two main types of agreements in the field of public-private partnership (PPP) - PPP agreements and concession agreements - provides for the possibility of their conclusion in relation to IT facilities, including state information systems. Operators of such systems become, respectively, a private partner or concessionaire, indicate the developers of the draft resolution. But the features of the creation and commissioning of systems created on the basis of the concession agreement remained not taken into account. The lack of provisions that take such features into account creates certain barriers and risks, the explanatory note says.

It follows from the text of the draft resolution that with the advent of concessions in government decree No. 676, the requirements for the procedure for the creation, development, commissioning, operation and decommissioning of state systems do not change.

For example, the paragraph of government decree No. 676, which says who should comply with the requirements, is proposed to add concessionaires. In the current version of the resolution, we are talking only about executive authorities and private partners. Similarly, the authors propose to introduce the mention of concession agreements and concessionaires in a number of other points of the resolution.

Speaking about which systems can be transferred to the concession, Vasily Slushkin told TAdviser that with the adoption of the 173-FZ from 29.06.2018, opportunities were created for concluding concession agreements in relation to IT facilities, including state and other information systems. Such information systems can be both new and developed by recycling (modifying) existing IT facilities. The legislation does not limit the industry affiliation and purpose of such systems.

Under the concession agreement with respect to the information system, the concessionaire (investor) undertakes at its own expense to create such a system, to carry out activities using it (operation), and the grantor - the Russian Federation or a constituent entity of the Russian Federation - undertakes to provide or ensure that the concessionaire is granted the right to use the results of intellectual activity as part of such a system to carry out this activity for the period established by the concession agreement, - explained the director of the department for the development of architecture and coordination of informatization of the Ministry of Communications.

For state IT systems, along with the requirements of the legislation of the Russian Federation on concession agreements, it is necessary to ensure compliance with the requirements for the procedure for their creation, development, commissioning, operation and decommissioning and further storage of information contained in their databases, approved by government decree of 06.07.2015 No. 676, the Ministry of Telecom and Mass Communications added.

In the current version of this resolution, the requirements take into account the features related to the creation or development of state information systems within the framework of the implementation of public-private partnership agreements, but do not take into account similar features for concession agreements, which is a barrier to their implementation. The amendments to this resolution proposed by the Ministry of Telecom and Mass Communications of Russia eliminate these barriers, which allows the creation or development of state information systems on the basis of a concession agreement, - said Vasily Slushkin.

In the near future, after the adoption of the developed amendments to the decree of the government of the Russian Federation of 06.07.2015 No. 676, the Ministry of Telecom and Mass Communications expects the launch of concession projects, which the representative of the department told TAdviser about.

The Research Institute "Voskhod" wrote a plan for the development of IT through PPP in Russian regions

The Center for the Development of Investments and PPP in the Digital Economy of the Federal State Budgetary Institution of Research Institute "Voskhod" has prepared a work plan for the development of PPP in the field of IT. The document implies the support by the center of structuring, coordination and implementation of concession and PPP agreements in the field of IT. TAdviser was informed about this on January 29, 2020 by the head of the center for the development of investments and PPPs in the digital economy, Nadezhda Kostryukova. Read more here

2019

The Ministry of Communications has created a center for assistance to PPP projects in the field of IT

The Ministry of Communications has created a center for the development of investments and PPPs in the digital economy on the basis of the Federal State Budgetary Institution of Research Institute "Voskhod." The center will work with IT projects that want to be implemented or are already developing according to the public-private partnership model. This was announced in December by Mikhail Nasibulin, director of the department for coordination and implementation of projects on the digital economy of the Ministry of Communications and Mass Media.

As of December 2019, the center analyzes the current state of the IT PPP market in all Russian regions. In the course of this analysis, the center, in particular, identifies barriers to the implementation of PPP projects. In addition, the center collects proposals and initiatives for the development of PPPs from the regions, Alexey Dorozhko, deputy director of the department for coordination and implementation of projects on the digital economy of the Ministry of Communications, told TAdviser.

Preliminary conclusions can be drawn that the Russian regions need prompt and qualified assistance in structuring projects using PPP mechanisms and IT concessions. In addition, they note the need to improve the qualifications of their employees in the IT field using PPP mechanisms and concessions, - said Alexey Dorozhko

The Center for the Development of Investments and PPPs in the Digital Economy, according to him, is a structural unit of the Federal State Budgetary Institution of Research Institute "Voskhod." The number and composition of the staff provided for by him is 5 subject specialists in the field of PPP. However, according to Dorozhko, their number can be increased in the event of an increase in calls to the center. At the same time, as Dorozhko added, in its activities the center uses all the existing expertise and competencies of the Federal State Budgetary Institution of Research Institute "Voskhod" in the field of information technology.

Nadezhda Kostryukova has been appointed the head of the center. Previously, she worked as a project director of the Smart City product office of Rostelecom.

Nadezhda Kostryukova, Head of the Center for Investment and PPP Development in the Digital Economy (photo - openinnovations.ru)

As services provided by the center, Alexey Dorozhko called assistance to concessions and public partners in identifying and preparing IT projects, consulting support in the interaction of investors and the state, information and educational support, as well as assistance in the development of the regulatory legal framework and methodology of PPP in IT.

The services of the center, according to Alexei Dorozhko, do not include financial support for market participants. At the same time, an important task of the center is to assist potential investors of IT projects in interacting with development institutions, as well as with financial organizations. The purpose of such assistance, according to Dorozhko, is to ensure access to existing financing tools.

Together with the center for the development of investments and PPPs in the digital economy, the project office for the implementation of the Digital Economy national program and the National PPP Center, as Mikhail Nasibulin pointed out, the Ministry of Communications plans to conduct PPP accelerators. In them, regions, operators and private investors will jointly work out pilot PPP projects in IT and, through a series of hackathons and roadshows, correctly "package" projects ready for launch.

Partially, the PPP accelerator has already been tested - at the master class "Investments and PPP in IT" as part of the interregional meeting "Leaders of Digital Development," which took place in October 2019 in Sochi.

Speaking about the reasons for the creation of the center, Mikhail Nasibulin recalled that it is necessary to attract about 535 billion rubles of private investment for the implementation of the Digital Economy national program. An important tool for such attraction, according to him, will be the PPP mechanism.

Alexey Dorozhko drew TAdviser's attention to the fact that IT projects have relatively recently received full-fledged opportunities for implementation using PPP mechanisms.

In 2018, 173 FZs were adopted, which created opportunities for the implementation of concession agreements and PPP agreements in relation to IT facilities. State bodies on the side of public partners and concessions, both at the federal and regional levels, are in demand for comprehensive support on the application of new mechanisms and the implementation of relevant projects, - Alexey Dorozhko informed TAdviser

At the same time, he noted that in the context of the development of the digital economy, such projects are interdisciplinary. In this sense, according to him, the creation of the Center for the Development of Investments and PPPs in the digital economy made it possible to combine versatile unique competencies on one site to solve pressing issues of PPP development in IT.

Alexey Dorozhko also drew TAdviser's attention to the fact that in Russia there are no specialized financial organizations, as well as financial products for the implementation of PPP projects in IT.

In the presence of a number of competence centers in the field of PPP, such a specific sector as IT, by and large, they are practically not covered by them. PPP allows you to involve private business in financing and operation of various kinds of information systems, data processing centers, fill the shortage of personnel and specialized specialists from the state, as well as reduce the burden on federal and regional IT budgets, - said Alexey Dorozhko

He also pointed out to TAdviser those IT projects that have prospects in terms of implementation according to the PPP model.

In Russia, the number of projects in the field of digitalization is increasing, both in the public sector and in the private sector in cooperation with government agencies, which can potentially have market sources of income, including through the provision of information and information and analytical services, as well as the provision of other paid services. Such projects have high potential for implementation based on PPP and concession mechanisms. This is especially typical for capital-intensive projects, the required amount of financing of which can reach several tens and even hundreds of billions of rubles, - said Alexey Dorozhko

The development of already existing state information systems, he said, in some cases may also be reoriented to the use of new investment mechanisms. In addition, as Dorozhko noted, the Smart City project is receiving intensive development in the regions, during the implementation of which new concession mechanisms and PPPs in IT are already being tested.

The head of the project office for the implementation of the National Program "Digital Economy" of the Analytical Center under the Government of Russia Vladimir Mesropyan told TAdviser that the project office supports the creation of a center for the development of investments and PPPs in the digital economy and considers it as one of the key partners.

With our support, a professional team has been formed on the basis of the Center, which has practical experience in the field of PPP and digitalization of the public sector. We believe that the center will be able not only to act as a catalyst for the development of PPPs in IT, to help solve methodological and legal problems, but will also take an active part in identifying, preparing and accompanying specific projects, "said Vladimir Mesropyan

At the same time, he noted that the center has already begun to provide comprehensive technical, economic and legal support to federal and regional state authorities responsible for conducting state policy and implementing projects in this area.

Speaking about the expediency of creating the center, Vladimir Mesropyan noted that state bodies on the side of public partners and concessions, both at the federal and regional levels, have a need for special competencies necessary for the application of new mechanisms in the implementation of relevant projects.

In Russia, there are no other centers and infrastructure organizations specializing in supporting the implementation of such projects. In our opinion, the newly created center will fill the niche that was empty until recently, and together we will be able to provide the necessary support to both the state and business, "said Vladimir Mesropyan

According to him, the support provided by the center to IT projects is the main thing that they lack for successful development.

To develop the direction of PPP in IT, it requires not so much financial support of the state as the formation of a specialized competence center that would fill the lack of subject specialists in public partners and terminals and provide the necessary legal, educational, information and analytical and other support for their activities. The center acts as just such an institution, - said Vladimir Mesropyan

He also added that, in the end, the activities of the center in the IT field will allow private business to be involved in the financing and operation of various kinds of information systems and other IT facilities, as well as reduce the burden on federal and regional budgets when implementing projects of the Digital Economy national program.

Maxim Akimov declared war on public-private projects of video recording of traffic violations

Deputy Prime Minister Maxim Akimov in an interview with RBC in February 2019 criticized the idea of ​ ​ public-private partnerships (PPP) and the commercialization of technologies in the field of traffic safety regulation^[3] He noted that now the camera on the road is a means of commercialization. And cameras should not earn, otherwise they are not there, Akimov believes. Read more here.

2018

Which state regional systems can switch to the model of public-private partnership

The public-private partnership (PPP) model is a common form of relationship for areas that are drivers of the development of state institutions of the regional economy. Financing from the state budget of such high-cost areas as the digitalization of public administration finds serious obstacles in subsidized regions. And not only in them - even donor regions face the need to finance social projects first of all and postpone the task of forming their own digital space for later.

But the costs of creating or upgrading, as well as improving the efficiency of government digital services, can be borne by a business that plans to return costs by commercializing the product it creates. What areas can be transferred to business? First of all, this is transport, the service sector, including housing and communal services, telecommunications, healthcare and security.

According to Dmitry Gorbachev, an expert at Forsyth, the most successful well-known typical IT projects based on the PPP model are monitoring, control and security systems, video control and photo recording systems for traffic rules, systems for ensuring payment for travel in transport, a system for providing a public Wi-Fi network in the Moscow metro.

The main problem of popularizing this form of business-government relations in the IT sphere is an insufficiently developed regulatory framework. That is why the growth of PPP projects is not as rapid as we would like, "he said.

As you know, the federal law signed in June this year by the President of the Russian Federation, expanding the list of objects of agreements on state partnership, calls such objects both IT systems and projects, recalls the Elena Ivanova marketing director. EOS

In the regions of Russia, the ability to conduct developments and projects on the principles of partnership between the state and business, with minimal budget expenditures, can be in great demand for the creation of Smart Cities, the development of innovative medical technologies, import-substituting products, she notes.

In addition, according to her, the PPP model is applicable to the development of document management systems.

Translation into electronic form of processes of working with documents is the basis of digitalization. Financing projects and import-substituting developments through public-private partnerships is a mechanism that can accelerate the arrival of advanced technologies in regions, especially with a low IT budget, adds Elena Ivanova.

BARS Group believes that almost all state and regional systems whose criteria for ensuring information security allow this can switch to the model of public-private partnership. The question is always in the quality of the data that is in the system, or in the potential of the existing powers of a particular system and, of course, in the level of creativity and creative approach to the development of services.

This is one of the reasons why BARS Group has a new direction - regulatory and GR support for customers when implementing IT solutions. The company will provide comprehensive support for the development of draft regulations, the analysis of legal barriers and the preparation of the necessary arguments for the promotion of initiatives. And also significantly expand departments, so to speak, creative IT specialists who can take a fresh look at the existing systems and infrastructure, think over methods of monetization or additional services, as well as correctly form a target structure of partnerships with various organizations, - said the general director of BARS Group Timur Akhmerov.

Each region already has a large number of developed systems, many of which need to breathe new life, says Ivan Glushkov, head of Lanit.

The law adopted in the summer of 2018, recognizing IT systems as objects of public-private partnership, will just allow modifying many of the existing regional developments. The document will also contribute to the creation of new ones. The law is able to give a powerful impetus to digital transformation in Russia. In the near future, projects related to such areas as a smart city, housing and communal services and paid parking may also be shot in the regions, he believes.

Viktor Dyachkov, head of the ICL group of companies, general director of ICL, believes that speaking of the PPP model, first of all, we can talk about the State system of detection, prevention and elimination of consequences of computer attacks system, in which this model is already present in a certain format.

Private companies that professionally deal with cybersecurity issues actively interact with the State system of detection, prevention and elimination of consequences of computer attacks system, exchange data on potential threats and vulnerabilities, thereby increasing the overall level of the region's ability to resist cybercrime, he explains.

According to Elena Ogol, head of informatization in the state and municipal authorities of the Softline group of companies, the main thing in private-state partnership is to find a balance of interests of business and the state. Business is interested in making a profit, and the state is interested in meeting any socio-economic need of business and/or residents.

In my opinion, almost any initiative, if it is not related to the solution of tasks characteristic of the army or special services, can be "packed" into the framework of public-private partnership. There are already positive examples. These are cashless fare payment systems (when the creation and implementation of such a system is financed by a private investor and makes money on each transaction), electronic diaries (when basic functionality is provided free of charge and additional services for a small fee). There are many examples, and experience shows that they all work perfectly in the PPP format, concludes the Softline expert.

Putin signed a law on IT PPP

On June 29, 2018, President Vladimir Putin signed a federal law expanding the list of objects of state partnership agreements and concession agreements. Now the objects of such agreements can be IT systems and projects. In particular, the law establishes that the objects of state partnership agreements and concession agreements can be:

• programs for computers, databases, information systems and sites on the Internet or other networks, or technologically connected IT facilities and property;
• a set of buildings, parts of buildings or premises combined for a single purpose with movable property, technologically connected with IT facilities, and intended for automation.

In the first case, the concessionaire cannot be foreign investors, which means foreign individuals and legal entities. Russian legal entities whose decisions directly or indirectly can be determined by foreign legal entities and individuals, foreign states, their bodies, with the exception of cases determined by an international treaty of the Russian Federation, federal law, and a decision of the President of the Russian Federation, cannot also be a concessionaire.

The law signed by Putin was very much expected in the IT market "(photo - TASS/Nikolsky Alexey)"

The law also establishes the specifics of regulating relations arising in connection with the preparation, conclusion, execution and termination of agreements on public-private partnership and concession agreements, the objects of which are IT facilities and technical means of ensuring the functioning of IT facilities.

Representatives of the Russian market interviewed by TAdviser welcome the emergence of a new law - both IT customers and suppliers. Thus, the Rostec Group of Companies told TAdviser that public-private partnership has already established itself as an effective tool for development in many industries. The fact that it will be applied in the field of information technology is good news for the entire industry, the state corporation believes.

This will make it possible to more effectively attract private capital to solve government problems in the IT field, in particular, the creation of import-substituting developments. So, for example, we believe that PPP will be a convenient tool for the development and implementation of Smart City technologies in the regions of Russia, - noted in Rostec.

VimpelCom The (operates under the Beeline brand) said they welcome initiatives aimed at simplifying infrastructure processes. MTS They noted that the implementation of the provisions of the new law will positively affect the activities of the ICT industry.

Representatives of the IT industry participated in the development of the law, for example, Lanit. To take into account the wishes of both the state and the market in the law and for the law to be adopted, a very serious work was done by the working group, said Ivan Glushkov, head of the Lanit department, in a conversation with TAdviser.

Earlier, federal legislation regarding PPP did not take into account the specifics of IT projects. So, a prerequisite for concessions was the presence of real estate, it had to be created or reconstructed. This significantly complicated the development and modernization of state information systems and IT infrastructure. The new law will allow attracting additional investments from private companies for these purposes, "Glushkov told TAdviser.

The representative of Lanit added that their company is considering various formats for the implementation of projects, including the PPP model.

The information system for automating the activities of paid municipal parking lots developed by Lanit is successfully used in Krasnodar and Stavropol. In these cities, we act as investors and carry out projects to create and operate a paid municipal parking space, the parties have concluded an investment agreement and an agreement on the MFP, "says Ivan Glushkov.

If we compare various forms of PPP, then it is the concession model that more protects the investor in legal terms, he noted. Glushkov believes that projects to create paid municipal parking lots in the future will increasingly be formalized as concession agreements. The budgets of state organizations are often very limited, so private investment will help to quickly launch IT projects and significantly save state funds, says a Lanita representative.

Valery Kvon, adviser to the president of I-Teco, told TAdviser that the community had been going on to this law for several years. In his opinion, the law is of enormous importance for the market: it opens a gateway for the start of a number of PPP projects, access to which was significantly limited or accessible only to large market players.

This is extremely important for the development of such segments, where synergy of the capabilities of the state and innovative startups is achieved, and there are many such industries: for example, tourism, transport, sports, the execution of a number of state functions, Kwon added.

The main thing is that the law significantly increases the complexity and complexity of innovative IT projects implemented in the public sector. It is in complex projects that the full potential of IT-PPP is realized. If earlier startups, say, in the field of cloud technologies, the Internet of things or AI, could enter the state project exclusively as a contractor, and the state customer did not have the opportunity to provide him with significant support, except for payment, then in the partnership scheme the state customer can give something more than money, - says the representative of "I-Teco." - And the project is much more likely and faster to bring the expected result than the usual contract scheme.

Power's go-ahead for public-private IT partnerships

The State Duma established the possibility of concluding agreements of the so-called public-private partnership (PPP) and concessions in relation to information systems, including state, databases, Internet sites and computer programs. Until now, such relations between the state and business have not been fully regulated, lawmakers say. At the same time, a similar format was still used in Russia^[4].

The State Duma adopted the corresponding bill in the third reading on June 21, 2018.

The website of the legislators notes that the initiators of the bill were a group of deputies led by Nikolai Nikolaev, chairman of the Duma committee on natural resources, property and land relations, a member of the United Russia faction.

According to the head of the relevant committee, the approved act is relevant and is a stage in solving the problem of digitalization of the Russian economy, since it allows attracting private investments and world practices to the PPP sector.

"The bill will allow attracting private investments in the development of state information systems and IT infrastructure, which in turn will allow the state to effectively, with the lowest costs for the budget, implement the goals of informatization of all spheres of society," says Nikolaev.

At the end of June, Russian President Vladimir Putin signed amendments to the law "On Concession Agreements," which provide that the objects of public-private partnership (PPP) can be software, databases, information systems and sites, as well as buildings and premises technologically related to IT objects^[5]."

2017: The State Duma introduced a bill on the creation of IT systems according to the PPP model

The State Duma has amended the legislation on public-private partnership (PPP) and concessions, which, according to their authors, will allow the state to save the costs of informatization of government agencies, which annually amount to about 100 billion rubles.

Status of the bill on the State Duma website

State IT systems will be able to work according to the PPP model

On April 24, 2017, the deputies Nikolay Nikolaev submitted to the State Duma amendments to Federal Law No. 224 "On Public-Private Partnership, Municipal-Private Partnership in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" and Federal Law No. 115 "On Concession Agreements," recognizing IT systems as PPP and concession objects - previously only real estate objects, for example, roads or buildings, were recognized as such. Amendments to the bill were initiated by the IIDF with the support of experts from the Ministry of Economic Development, Rostelecom and Gazprombank. At the interdepartmental PPP commission, they were supported by all participants in the meeting.

If an object is created according to the PPP model or a concession, the costs of creating or upgrading and improving the efficiency of the IT system can be assumed by the contractor from among the IT market companies, and the contract provides for the possibility of commercialization by the contractor of the product created/upgraded by him. At the same time, the social significance of the object will remain - anyone can get access to a particular electronic system of public services.

More than 1000 GISs operate throughout Russia, of which more than 300 are federal state information systems. Of these, truly convenient to operate, working without failures - no more than 30%. There is no question of such a system making a profit, "said the developer of the bill Iskender Nurbekov, director of legal affairs and initiatives of the IIDF. "But if you create GISs through a PPP or concession mechanism, a win-win situation will develop on the market. End users will receive the most "market" product, convenient for operation and working without failures, federal and regional authorities will be able to significantly reduce the cost of creating state information systems and save billions of rubles, and private developers will have access to the new market by commercializing the product through additional user services.

According to TAdviser, the creation and development of the 10 most expensive information systems cost the state 15.4 billion rubles. in 2015-16, operation and modernization - another 43.4 billion rubles. Among them are the system of the Pension Fund of the Russian Federation, the system of the Social Insurance Fund, the Federal Treasury, customs authorities, etc. For comparison, about 100 billion rubles. will cost the state a program of food assistance to the poor.

The recognition of IT systems as PPP or concession objects will significantly accelerate the pace of informatization and digitalization of the country, which means that it will make many markets more transparent and improve the quality of competition in these markets, "said the author of the bill, State Duma deputy Nikolaev. "Market companies can create an information system in a short time, thanks to which a whole layer of processes and functions will become understandable and transparent to all users of this system - be it ordinary citizens who want to make an appointment with a doctor, bidders or applicants for a certain type of license.

According to the authors, the adoption of amendments to the bills will also contribute to the implementation of presidential order No. 2346 on the approval of the Digital Economy of Russia program, which will provide for measures to create legal, technical, organizational and financial conditions for the development of the digital economy in the Russian Federation.

2016: Prospects for public-private partnership in information technology through the eyes of IT companies

How do you assess the prospects of public-private partnerships in the field of IT? With such a question, TAdviser turned to Russian companies engaged in IT projects in the public sector.

From the respondents' answers, it can be concluded that public-private partnership (PPP) can be promising, but such cooperation has limited potential. In particular, according to experts, the PPP mechanism today is spelled out in the law mainly in the interests of large business. The main problem is the legal insecurity of the interests of entrepreneurs in relations with the state. In addition, the legislation is arranged quite conservatively and in a number of tasks that the state could and would like to outsource to business, it is impossible to enter commercial companies due to regulatory restrictions.

For the dynamic development of PPPs, a global national policy and a clear vector of development are needed. According to experts, perhaps even a dedicated regulator of such activities and a single platform for concluding transactions are needed.

So far, only the largest banks and telecommunications operators are showing real interest in public-private partnerships in the IT sector. IT companies fear risk and investment without guarantee of return

A significant surge in IT projects according to the PPP model, both at the federal and regional levels, will be only when the existing public-private partnership projects show their effectiveness, said Maykor Vice President Irina Semenova.

The most notable PPP projects as of 2016 are being implemented in the Moscow region. In particular, this is the creation of a system for paying for travel in public transport (partner - Sberbank), video recording of traffic violations ( partner of MVS Group), IT-system of housing and communal services and electronic diaries ( partner - Rostelecom).

PPP is promising in services that directly reach citizens or commercial organizations, and allow themselves to be monetized through additional services, says the Timur Mejitov deputy director for work with the company's authorities. Directum

The model is interesting, but requires giant investments from a private company, the return of which in Russian conditions is not always guaranteed, explains Alexey Boldyrev, CEO of Aitoniki. The PPP mechanism is spelled out in the law mainly in the interests of big business, probably for a dozen other players in the Russian market, he adds.

PPP in state informatization is developing in parallel with sequestration of IT budgets, and serves as a very reliable anti-crisis measure, said Galina Akhmerova, deputy general director of BARS Group for commerce and business development. Large banks and telecommunications companies are showing interest in this model, ready to invest their money in state information, and IT companies can already act as their contractors.

Alexander Semenov, President of the Korus Consulting Group of Companies, highly appreciating the prospects for PPP, recalls the problems of charging, which should be lifting for consumers.

We see the example of "Plato" - the idea is correct, but in fact we received quite a lot of social tension, - adds the president of "Korus Consulting"

Public-private partnership can work well in cities with a high population density, such as Moscow, St. Petersburg and others, but is not suitable for sparsely populated areas where it is difficult to develop private business, Vadim Zlobin, General Director of Systematics Consulting, is sure.

In addition, in his opinion, private companies and government organizations have different goals. For private companies - this is making a profit, for government agencies - the provision of services to all categories of citizens. There is a conflict of interest, which carries the risk of collapse of the partnership. It is extremely difficult to maintain this balance in projects implemented according to the PPP scheme.

PPP provides an opportunity to share responsibility for the success of the project with the contractor, thereby making him interested in the effectiveness of the project, its quality and reliability. For the state, this can also be an opportunity to optimize one-time investments, their separation in time and reference to achieving the necessary indicators (KPI), - said Dmitry Trofimov, deputy head of the commercial directorate of the Asteros group

As an example, he cites a project to create public Wi-Fi networks in the metro: In fact, in exchange for access to infrastructure, the city and citizens received a free opportunity to access the Internet anywhere in the subway. The return on investment in this case is completely transferred to the side of the operator.

One of the main problems of PPP is the legal insecurity of the interests of entrepreneurs in relations with the state and conservative legislation.

For the dynamic development of this area, a global national policy and a clear vector of development are needed, says Sergey Eisymont, Deputy Director of the Lanit Integrated Projects Department. Perhaps we need a dedicated regulator of such activities and a single platform for concluding transactions - a kind of "fair of state competitions," he adds.

Cooperation in the form of PPP is beneficial to both parties only if the state gives certain and firm guarantees, and only large businesses can achieve them, agrees Evgeny Efimenko, commercial director of FORCE - Development Center.

In general, public-private partnership is one of the mechanisms for the implementation of large projects that are economically unsustainable or difficult in the short term for the state and business separately, and therefore, in order to maintain a balance of the market model, it must be combined with free competition. Moreover, companies for such a partnership should not just be selected or appointed from above - just as new target companies should not be created for certain projects. And with us, unfortunately, today this is exactly the case. The creation of public-private enterprises should take place only on the basis of an open competition of investment projects so that IT companies participate in it on an equal footing and win the strongest. At the same time, participants in such projects on the part of business should be fully responsible for the funds spent and the results obtained, says Efimenko

Risks in PPP projects arise not only from commercial companies, but also from officials.

Of the 200 people now under investigation in Komi, 150, I think this is a PPP... Poultry farm, construction, farms... Most of these facilities were in the form of PPPs. And there it is easy to "glue" inefficiency, the interests of third parties, - said in an interview with TAdviser Alexander Selyutin, in 2010-2015 the Chief information officer of the Komi Republic

In the IT sector in Komi, according to Selyutin, projects in the form of PPP were also planned, but did not take place: "Thank God, they did not have time."

Notes

Read also

• Center for Investment Development and PPP in the Digital Economy
• TAdviser Review: Public Sector Informatization 2017