The features of state-private partnership mechanism in kazakhstan's practice

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The features of state-private partnership mechanism in kazakhstan's practice

In social-economic development of the Republic of Kazakhstan, business is urged to provide a sustainable development and economic security of the country in the interaction with the state, has a special role. Now business in its formation lags behind the requirements of market economy, does not allow realizing the enterprise capacity of the country, and does not promote the development of medium and small business.

The problem of formation of institutes and mechanisms of state and business (business) interaction is still insufficiently studied while the institutional and economic foundation of state regulation and control of business activity were laid in the practice and in the development strategy of national economy [6].

The orientation of legal and organizational-economic operating conditions of business not only for the efficiency increase of the enterprises and corporations, but also for the protection of economic interests of the state and businessmen, eventually, on providing economic security of the state and its regions, becomes actual.

The world practice shows that one of the main mechanisms of resource base expansion and mobilization of unused reserves for the economic development, increase of management efficiency by the state and municipal (public) ownership is the state-private partnership (SPP). Such partnership represents rather new phenomenon in the world economy, reflecting the processes of expansion and complication of interaction forms of state and business [9]. When using SPP mechanism, there is a possibility of the efficiency increase of mutually beneficial cooperation of the state and private sector, improvement of quality of the provided services, accelerated modernization of the infrastructure necessary for the economy diversification.

The use of state-private partnership mechanisms provides a set of advantages both to the state, and for business. New investment opportunities, sources of the income, possibility of participation in large projects [5] open for the private sector. SPP assumes the use of resource and intellectual potential of business in the spheres of the state traditional responsibility.

In the Republic of Kazakhstan, unlike the majority of foreign states, state-private partnership is still at a stage of formation and development of the corresponding tools though the results of such partnership become more and more noticeable in recent years. Moreover, the term SPP is even more often seen in mass media and the Internet. Periodically there are public hearings, scientific workshops and round tables on SPP institutes introduction issues with the participation of experts, analysts, scientists, mass media, and representatives of public authorities in Kazakhstan. SPP regional centers are created and the projects with application of SPP institutes are realized.

Two forms of SPP were legislatively fixed in the Republic of Kazakhstan - institutional and contract. Contract SPP belongs to the partnership based only on the contract relations between the participants of the project. Institutional SPP assumes the creation of joint venture with the participation of state and private partner which purpose is the performance of work and services in favor of the state [2].

Now in Kazakhstan there is a practice of SPP projects implementation with the use of concession mechanism. In recent years, state-private partnership (SPP) became an integral part of Kazakhstan's economy in such branches as power industry, transport, and communications. The problems and prospects of the cooperation development of state and private business in Kazakhstan are very often highlighted in mass media, speeches of government bodies' representatives, monograph, scientific articles and other publications [4]. Special attention to the question of state-private partnership mechanism optimization in the republic is connected with the necessity of effective implementation of socially significant projects.

The amendments to the Legislation on state-private partnership were already done several times, the Laws "About the Concessions" and "Project financing" were adopted. However, the questions of state-private partnership according to the large projects remain open.

The main reason - is the lack of regulation of the aspects connected with the investment risk.

3 main risks of SPP projects are distinguished:

1) Risk of construction or non-compliance with the accepted standards delay (construction risk);

2) Risk of a non-payment of the requirements or shortage of funds for the construction (financial risk);

3) Risk of insufficiency or demand fluctuation.

The practice shows that the problems of SPP projects realized now are connected with these risks.

Nowadays, possibilities of state-private partnership in Kazakhstan were studied and are used insufficiently; the practice of their application allows allocating some examples of partnership forms use admissible within the existing legislation. The analysis and assessment of available practice are complicated by the low level of information disclosure on the mechanisms and partnership conditions, results of its realization, insufficient elaboration degree.

The main reasons for the failures of SPP use experience were: longer procedures of planning in comparison with the budgetary investments; complexity of forecasting for the long period in the connection with market condition change; complexity in involvement of investors on large projects; imperfection of regulatory legal base in the field of SPP [2]. All the specified barriers are very important for Kazakhstan where SPP concept as the perspective social-economic institute has got the support at the highest state level.

In the annual Messages to the people of Kazakhstan, the president of the republic Nazarbayev N. A. notes about the available potential of state-private partnership and need of its further development for the country. The "Concept of financial sector development of the Republic of Kazakhstan during the post-crisis period", and "State program on the forced industrial innovatively development of the Republic of Kazakhstan for 2010-2014" are based on the partnership concept as well.

Nowadays, the work on the improvement of legal and institutional mechanism of state-private partnership proceeds in the republic. In this regard, the program for the development of state-private partnership in the Republic of Kazakhstan for 2011-2015" which main objective is the creation of legislative and institutional basis for the implementation of investment projects with the use of mechanisms of state-private partnership in Kazakhstan was developed".

The following condition, allowing using instruments of state-private partnership effectively is a transparency of the decision-making process considering the interests of all parties of the partnership, including local communities. The transparency of relationship between business and authority, and the involvement of interested persons in this process help both civil society and bodies of executive authority and legislature with more effective collaboration [10].

For the increase of information openness, in particular, for the distribution of official data on financial-economic status, the state organizations use the Internet more actively. More and more web pages of regional authorities appear. It is possible to find the data on investment projects of enterprises, announcements of auctions, sale of state property or competitions on participation in the state order on the administrative Internet resources. Однако уровень финансовой информационной открытости государственныхweb-сайтов пока не очень высок. Thus, the quality and completeness of the submitted reports differ seriously. Quite often there are no separate appendices in the materials published on the official websites without which it is impossible to carry out the detailed analysis of the projects.

Considering possibilities of SPP development in Kazakhstan, the existence of factors group promoting its development should be noted.

These are political (existence of SPP regulation system; uniform policy and effective schemes of state and private authorities interaction at the implementation of SPP projects; clarity of strategy, purposes and problems of the region development, separate fields of activity; accurate determination of various level governing bodies competence and relationship between them; direct support from the government bodies; obtaining not economic benefits as a result of the partnership implementation), social-economic (modern infrastructure of innovative economy; social orientation of projects; stability of economic situation and transparency of economic, financial and investment policy; development of financial institutions, including investment, venture funds; economic promotion of the enterprise structures to the participation in the strategy performance, purposes and problems of the region development; competitive mechanism of enterprise structure choice - SPP partner), legal (existence of standard and legal base; modernization of the legislation concerning SPP, according to the norms of international practice; development of institutes of interests and rights protection of SPP parties), institutional (labor protection; environment protection; morals and traditions) [4].

At the present, it is possible to claim that Kazakhstan is at the stage of state-private partnership mechanism introduction. It means that the preparatory stage was passed, i.e. the analysis of the international experience and its applicability in Kazakhstan was carried out. The legislative and institutional basis for SPP development was created, the specialized organization "Kazakhstan Center of State-private Partnership" was created. However, it is still necessary to realize a number of actions which allow applying of SPP mechanisms in various spheres for the benefit of all participating parties. In particular, further improvement of methodology, preparation and examination of concession projects is necessary in Kazakhstan. Besides, it is necessary to study the prospects of SPP forms application besides the concession mechanism. Thus, it is necessary to develop the concrete mechanisms of coordination of authority and business interests for the purpose of optimum and rational attraction of various resources and their sources, and also the corresponding correction of legal base.

On the basis of the conducted research, it is possible to make a number of assumptions characterizing the features of state-private partnership mechanism in Kazakhstan's practice:

- revision, specification or different innovations application into the conditions and partnership form in the course of the specific project implementation depending on the change of its characteristics or external conditions is necessary;

- achievement of trust between the partners is possible under the conditions of the partner choice procedure transparency guarantee, corruption minimization when carrying out state competition;

- imperfection of the legislation does necessary development of special type contracts: on the one hand, allowing to use the principles of different legislations, and on the other - considering need for the flexibility of contractual relations that can lead to the considerable transaction expenses;

- public importance of SPP mechanism use sphere leads to the considerable positive and negative situations that is fraught with negative social-political consequences. This circumstance does necessary active information and political support of each specific project of state-private partnership.

SPP represents the approach to service in the field of infrastructure which radically differs from the traditional government procurements.

The projects with SPP mechanism use have to be the strategic projects of the priority character which are the part of branch strategy and economic policy. The state plays a key role in the ensuring appropriate implementation of the project, monitoring of private investors activity and the rapid thought-over response to any arising changes or the conflicts in order to avoid potential disputes [7].

The state-private partnership initiates the attraction of financial and administrative resources of the private sector in the solution of the problems connected with the zones of responsible activity, realization of time large-scale and capital investments of the projects in the sphere of health care, education, development of infrastructure [3]. Thus, the relations of partnership are based on the provisions regulated not only within the civil law, but include the norms of social responsibility and trust as well. At the same time, the materialization of the partnership purposes is provided by means of the contract law mechanisms, specific investment projects [9].

The combination of innovative character of forms and mechanisms of state-private partnership, high responsibility for the end results, scales of projects and expanded standard and legal base of the participants' relations puts the problem of support and development of the partnership, the efficiency assessment for each of partners in the space of interactions new to them by nature forward in the number of actual ones.

References

public private partnership

1. The law of the Republic of Kazakhstan of July 7, 2006 No. 167-III "About concessions" (with changes and additions as of 03.12.2013)

2. The program for the development of state-private partnership in the Republic of Kazakhstan for 2011-2015 and making addition into the resolution of the government of the Republic of Kazakhstan of April 14, 2010 No. 302.

3. Bozymov K.K., Gubashev N.M., Tarshilova L.S., Kuangaliyeva T. K., GabbasovaZh. Zh. SPP forms and mechanisms in the sphere of professional education / analytical review / WKB JSC "NTsNTI". - Uralsk. - 2012. 30 p.

4. Varnavsky V.G. Partnership of state and private sector: forms, projects, risks. - М: publ. Nauka, 2005.- 315p.

5. Vetkovskaya L. Social responsibility of business and state in the society // The problems of management theory and practice. - 2007. - No. 4. - P. 41-49.

6. Vilensky P.L., Livshits V.N., Smolyak S. A. The evaluation of investment projects efficiency: theory and practice. - Moscow: Delo, 2008. - 1103 p.

7. Vorotnikov A. Organization of state-private partnership projects management // Public service. - 2010. - No. 3. - P. 12-15.

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