LEGAL MECHANISMS FOR INTRODUCING ENVIRONMENTAL CRITERIA INTO PUBLIC-PRIVATE PARTNERSHIP PROJECTS

Abstract

The article is devoted to the topic of public-private partnership (hereinafter – PPP) and the issues of introducing environmental criteria into joint projects implemented in this area. On the topic, a review of the current legislation and an analysis of the relevant provisions of the Law of the Republic of Kazakhstan «On Public-Private Partnership» are conducted. When covering the issues of the topic, attention is paid to the norms of the Environmental Code of the Republic of Kazakhstan on the criteria for assessing the impact of economic activity on natural processes.

The authors believe that in matters of partnership, the activity of state and business structures is necessary, which requires effective legal instruments. As the most effective implementation of environmental criteria, it is proposed to detail environmental provisions in the texts of partnership agreements. The authors show how this should look in the agreements and what positive effect can be expected in this case.

The article uses data provided by the Kazakhstan Center for Public-Private Partnership in open sources. On the issues raised by the Center, the author's position on the environmental segment of the agreements is presented. The authors believe that the opinion that the problems of implementing projects carried out on a partnership basis are related to the quality of the documents being developed, among which the contract occupies a key place, is justified.

Specific examples show what can happen when the legislation or individual provisions change. Environmental criteria for assessing an event or phenomenon remain unchanged, as a rule, but the attitude of project participants, especially representatives of authorized bodies, towards them may change. This may happen when changes in legislation have occurred during at stage of contract execution. The authors provide a justification for their position regarding the content of the contract, but believe that it is difficult or impossible to develop a universal (standard) version. The article contains the authors' conclusions regarding the criteria by which partnership contracts should be assessed, and what information is important for studying previously concluded and executed public-private partnership contracts.