Adoption of the Law on Public- Private Partnership

Adoption of the Law on Public-
Private Partnership

The Law was adopted in order to simplify the procedures and reduce the time frame in the process of preparation of public-private partnership projects.

Significant differences from the current Law "On Public-Private Partnership" are the provisions concerning the conceptual framework, procedures for preparing a PPP project and selection of a private partner, and the timing of the tender.

In order to simplify the PPP project preparation procedures and selection of a private partner, the stage of search and initiation of a PPP project is excluded. The public partner immediately starts the PPP project preparation stage.

In order to facilitate the procedure of approval of a PPP project by the authorized state body, the powers of the authorized state body for approval of PPP projects are replaced by the obligation of the state partner to notify the authorized state body of the preparation of the PPP project.

The authority of the public authority on financial risk management to approve tender documents has been replaced by the authority to approve tender documents only if the PPP project receives funding from the state budget.

In addition, provisions were introduced to specify that the tender procedures for selecting a private partner and implementing the PPP agreement are carried out in accordance with the legislation of the Kyrgyz Republic on PPPs, without the application of the Law of the Kyrgyz Republic "On Public Procurement".

The law comes into force after 3 months from the date of official publication.

Published in Erkin Too newspaper on July 26, 2019, N 62.