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Public-Private Partnerships: Policy and Governance Challenges Facing Kazakhstan and Russia 1st Edition Nikolai Mouraviev
Public-Private Partnerships: Policy and Governance Challenges Facing Kazakhstan and Russia 1st Edition Nikolai Mouraviev
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NIKOLAI MOURAVIEV
NADA K. KAKABADSE
PUBLIC–PRIVATE
PARTNERSHIPS
Policy and Governance
Challenges Facing
Kazakhstan and Russia
Public–Private Partnerships
Nikolai Mouraviev • Nada K. Kakabadse
Public–Private
Partnerships
Policy and Governance Challenges Facing
Kazakhstan and Russia
Nikolai Mouraviev Nada K. Kakabadse
Dundee Business School Henley Business School
Abertay University University of Reading
Dundee, United Kingdom United Kingdom
v
vi Contents
Conclusion 221
Index 229
List of Figures
Fig. 2.1 Internal and external PPP drivers in Kazakhstan and Russia 26
Fig. 6.1 Partner interaction scheme in a PPP implemented by
a jointly formed project company 100
Fig. 6.2 Partner interaction scheme in a PPP project implemented
by a private operator without an SPV 102
Fig. 6.3 Partner interaction scheme in a PPP project with an
SPV, option one 103
Fig. 6.4 Partner interaction scheme in a PPP project with an
SPV, option two 104
Fig. 7.1 Links between partners’ behaviour in a PPP: fostering
a guarantee culture 128
Fig. 11.1 Revenue structure and risk levels for the private sector
partner in the kindergartens’ PPP, Kazakhstan 193
Fig. 12.1 The PPP policy paradigm in Russia and Kazakhstan:
core elements 209
vii
List of Tables
related to PPPs. If so, this would enhance Kazakhstan’s political and eco-
nomic influence in the Central Asian region and beyond.
In both nations, the road to extensive PPP deployment has been dif-
ficult. Among the many challenges that Kazakhstan and Russia face in
PPP development, the following issues in particular draw the attention of
policy makers, government officials, investors and researchers:
The book aims to discuss these and other challenges facing Kazakhstan
and Russia. It offers insights into the nature of current PPP development
in the two nations, identifies issues in how PPPs are formed and man-
aged, and contrasts and compares accumulated experience with that in
industrialised economies.
Non-Russian-speaking scholars and practitioners know little about
partnerships in Russia, and virtually no studies are available about PPPs
in Kazakhstan. Practitioners may find the book useful, as it highlights
a vast array of real-life problems that PPP actors experience when they
form partnerships and engage in project implementation. The discussion
of these problems is illuminated by excerpts from interviews conducted
with staff of PPP operators, staff in national and regional PPP centres,
lawyers and government officials. Furthermore, the book offers an assess-
ment of PPP actors’ views from a variety of perspectives. The comprehen-
sive and balanced presentation of opinions and perceptions of those who
work in or with PPPs, followed by critical appraisal, will be of particular
interest to readers who are managers or are involved in operations and
decision-making, as they will have a solid background for developing
their own understanding of PPP issues and their application in different
xvi Introduction
Introduction
This chapter reviews various meanings attached to the term ‘public–
private partnership’ (PPP) in Western literature, contrasts and com-
pares them, and identifies commonalities and differences between
them. The chapter highlights the concepts underpinning different
meanings and surveys the understanding of what are called PPP forms,
as well as models. This is followed by a discussion of yet another PPP
categorisation, namely, the initiator of the partnership. The chapter
also elucidates some disparities in the use of PPP terminology and con-
cepts in Western literature when compared to Russian-language lit-
erature. The latter captures PPP development not only in Russia, but
also in Kazakhstan, in which Russian is widely used. The chapter con-
cludes that researchers and practitioners in the PPP field in transitional
Parts of this chapter are reproduced from the paper Mouraviev, N., and N.K. Kakabadse. 2012.
“Conceptualising Public-Private Partnerships: A Critical Appraisal of Approaches to Meanings and
Forms” published in Society and Business Review 7(3): 260–276, with the journal’s permission.
nations may explain new terms and concepts that are broadly used in
these nations, for example, what risk management denotes in the coun-
try’s contextual environment.
PPP Meanings
What is a public–private partnership? Many definitions are available,
ranging from focused (i.e. those that capture select PPP features) to those
that are very broad. The broad perspective argues that a PPP is any form
of collaboration between a government and private sector companies.
Those who take this stance emphasise that a PPP is a ‘language game’
implying that a PPP is anything and everything that involves a large vari-
ety of forms, models and methods that highlight how the government
works with private firms. Naturally, this broad view of partnerships is
conceptually vague and unhelpful for practitioners or researchers who are
interested in learning the specifics and best practice of PPP implementa-
tion and management.
Most academics and business people view a PPP as a contractual agree-
ment. This means that a partnership is a legally binding contract between
a public sector organisation (or a few of them) and one or more private
firms. In addition, banks and other financial companies that provide finan-
cial resources to the project also may be involved in the PPP contract.
Often, a PPP may include a set of many contracts in which a large number
of government organisations, private companies, lenders and other insti-
tutions are involved. However, thinking of a PPP as a contract or a set of
contracts is somewhat misleading as this approach emphasises the legal
side of a partnership, and disregards essential PPP features and the process
of project implementation. Naturally, one should not underestimate the
contract’s importance, as it specifies the principal terms and parties’ obliga-
tions at the PPP launch. However, PPP projects are long—typically 15 to
30 years or longer—and ensuring a contract is fully comprehensive can be
simply impossible. PPP contracts are often incomplete; they are also sub-
ject to frequent re-negotiation, when parties attempt to amend many criti-
cal elements, such as tariffs and how often they can be adjusted, financial
obligations, the scope of what has to be achieved and the completion dates.
1 PPP Meanings and Forms: A Critical Appraisal 3
involved parties mutually add value to the project (Klijn and Teisman
2003). Further, output specification is often noted as a PPP feature.
Whilst input specifications determine how much a private partner has
to spend on asset construction or maintenance or how many staff should
be hired, output management focuses on parameters of the service provi-
sion. To summarise, those who emphasise partner interaction tend to pay
less attention to the legal frameworks underpinning PPP arrangements.
In their opinion, the creation of added value in a partnership depends
first and foremost on the relationship between the partners.
Additionally, a distinctive PPP property is a long-term character of
interaction (Klijn and Teisman 2003). Long-term projects, as a rule,
require mutual contribution of resources, and this is why the parties
implement them jointly, as each is unable or unwilling to undertake a
project on its own due to high risk and/or high costs associated with
long-run activity. In contrast, short-term projects are easier to finance
and carry a smaller risk. For a short-term project, one can simply hire
a private company to implement a public task, or a government agency
can accomplish a task on its own, and there may be no need to form a
PPP. Thus, a long-term nature of collaboration also becomes an essential
feature accompanying the partnership’s shared elements.
partners build and manage them to seek profit. The underpinning theory
here is that resource allocation by private PPP operators should deliver
greater efficiency as opposed to government service provision. The intro-
duction of market-based incentives into traditional government sectors
ensured the development of ‘the theory of private finance for public proj-
ects’ (Pollitt 2005, 209).
1 PPP Meanings and Forms: A Critical Appraisal 7
agency with the use of a constructed asset (Grimsey and Lewis 2002;
Bult-Spiering and Dewulf 2006; Hall 2008a).
Second, researchers understand a PPP as a project in which partner
interaction and the parties’ relationship is the most important feature
(Andersen 2004; Brinkerhoff and Brinkerhoff 2004; Sedjari 2004).
Third, researchers can view a PPP as a project that requires a shared
responsibility from both the public sector partner(s) and the private sec-
tor partner(s) for product, risk, costs and benefits (Nijkamp et al. 2002;
Klijn and Teisman 2003; Bult-Spiering and Dewulf 2006).
Fourth, a PPP may be an institutional partnership, that is, a com-
pany jointly owned by the government and private investors (Hodge and
Greve 2005; Hall 2008b).
The first, second and third meanings of a PPP do not contradict each
other. On the contrary, they can be viewed as complementary. The fourth
presents a special meaning that is not aligned with the other three, as it
represents a predominantly structural form of PPP.
PPP Forms
PPPs may take many different forms. PPPs vary infinitely from one sector
to another and from one locality to another (Sadran 2004). The scope of
this variation can be viewed from an industry perspective (i.e. sectors in
which PPPs operate) and an organisational perspective (i.e. how exactly
one arranges a partnership).
Sectors of PPP operations in many countries vary widely and include
transportation services and transport infrastructure (e.g. the construction and
operation of roads, railroads, metro, airports, tunnels and bridges), energy
sector (e.g. the construction and operation of power generation facilities and
power lines), education (e.g. schools and dormitories), healthcare, criminal
justice (e.g. courts and prisons), telecommunications, water treatment and
water supply, disaster management, micro-credit provision, skill develop-
ment, poverty eradication, sewage treatment, waste disposal and environ-
mental management. This list is not exhaustive, as a PPP can be formed in
any field where it may provide a public service in place of the government,
and where the government and society at large deem it appropriate.
10 N. Mouraviev and N.K. Kakabadse
or jointly with a public agency, which private firms frequently use for
the PPP project implementation (Asenova and Beck 2003; Grimsey and
Lewis 2004). However, the difference between PFI and PPP is indistinct,
and the literature often uses both terms synonymously.
Yet another form of PPP is the asset life-cycle contract. It is similar in
nature to a concession, although the difference may be that it is the pub-
lic agency, not final users, that pays for the asset construction and service
provision (Bovaird 2004; Sadran 2004; Sedjari 2004). The length of a
contract is determined by the asset’s usable life. However, the problem
lies in exactly defining the length of an asset’s usable life, particularly
when innovative technology is involved. The reason is that new technol-
ogy often becomes obsolete faster than simply due to physical wear and
tear, and difficulties in forecasting technological progress may impede
accurate determination of the asset’s life-cycle (Westerman et al. 2006).
Partnership Models
Specific partnership arrangements, also sometimes called PPP forms or
PPP models, depend on the underlying concept that a public authority
wants to apply to a PPP. Available arrangements include build-operate-
transfer (BOT), or design-build-finance-operate-transfer (DBFOT), or
DBFOOMT (design-build-finance-own-operate-maintain-transfer), or
other combinations of some or all of these elements that assign responsi-
bility for provision of public services to a private partner (Williams 2003;
Sadka 2007; Morallos and Amekudzi 2008).
For example, in the DBFOT scheme, a private company designs and
constructs an asset using private funding and then provides a service
with an ongoing responsibility to operate a newly constructed facility.
Immediately after construction is completed, a public agency assumes
the asset ownership. At the end of a PPP contract, a private company
transfers an asset back to the government.
In the DBFOOMT scheme, all elements are the same, with the excep-
tion of the asset ownership: after construction is completed, property
ownership is assumed by a private company, although it has an obligation
to transfer an asset to the government at the end of the PPP contract.
12 N. Mouraviev and N.K. Kakabadse
Conclusion
Transitional countries develop PPPs in their own way. This develop-
ment also involves application of the PPP-related terminology in its own,
country-specific form, and design of its own concepts and terms. For
example in Russia, governmental understanding of partnerships includes
production-sharing agreements, such as those with the oil companies,
and special economic zones. However, in reality, these partnership types
include a mix of contractual and institutional PPPs, and this may cause
confusion. From the Organisation for Economic Co-operation and
Development’s (OECD) perspective, many arrangements (such as special
economic zones) are not a PPP due to their nature and purpose (e.g.
a special economic zone is intended to create favourable conditions for
private business development in a region; however, a zone is not a con-
tractual PPP).
Although it is likely that adjustments to concepts and terminology
will persist, the most effective means of developing PPP terminology is to
explain the meaning of commonly used terms in the context of a certain
country. For example, a term that calls for explanation in the context of
Kazakhstan and Russia is risk management. The most common under-
standing in these two countries is that this term includes only the initial
risk allocation between partners as specified in the original PPP contract
(Alpatov et al. 2010). This view sets strong constraints on the under-
standing of risk management because essential elements are missing. Risk
management must also include risk re-allocation, risk mitigation and
related tools. From this broader perspective, it is no surprise that, in both
countries, the discussion regarding important elements of risk manage-
ment is lacking.
This chapter has presented critical elements associated with PPPs
and which are necessary for theoretical building, theory testing and fur-
ther research. The value of this chapter is in providing clarification of a
14 N. Mouraviev and N.K. Kakabadse
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should have been apparent to the delegates that this was a blocking
motion and might prevent the committee from doing anything, but it
was evidently not so regarded, or else the delegates could not make
up their minds on the subject, for it was agreed to without comment.
The committee did not allow the motion for reopening the question
in six months to hinder them from going on with the new branch, for
immediately the meeting was over they gave instructions to the sub-
committee to secure temporary premises in the vicinity.
THE END OF THE PROPOSAL.
The subject again arose at the 34th quarterly meeting, held on 1st
September, when Paisley Provident was again forward with a
motion: “That if a branch be required after Barrhead had left the
Federation, it be established at Paisley or Johnstone, and that the
present branch in Glasgow be not retaken.” To this it was moved by
Mr Gardiner, Cathcart, and seconded by Mr M‘Murran, Glasgow
Eastern, as an amendment, “That this question lie over for six
months.” After a long discussion the Paisley motion was withdrawn,
on condition that the amendment limit the period of lying over to
three months, and that, meantime, a special committee, constituted
from the delegates present and from the committee, be appointed to
investigate the matter and report to the next quarterly meeting. This
was agreed to, and Messrs M‘Murran, O’May, Aitchison, Brown, and
Slater were appointed the special committee. In less than three
months’ time the committee sent out their report to the societies.
The report contained details of three plans which the sub-committee
had considered. The first of these, that of a branch bakery in Paisley,
they considered could not be worked except at a slight loss. With
regard to the second one, that of a branch at Johnstone, they
considered that the loss would be slightly greater; while, with the
branch at Johnstone, the trade would be more difficult to work. The
third proposal which had been considered was that of increasing the
number of ovens in the present premises, and in the report they
stated they were not prepared to recommend any one of the schemes
in the meantime, but recommended, instead, that the branch in
Paisley Road be taken for another year. The reason they gave for this
recommendation was that they considered that an inquiry should be
made into the advisability of introducing machinery into the
bakehouse, as the whole of their premises would be vacant in
eighteen months and could be utilised; if the result of the inquiry was
satisfactory, steps should then be taken to have it introduced. This
report was accepted by the delegates at the quarterly meeting, and so
a subject which had been a fruitful source of controversy at the
general meetings of the Federation for nearly two years disappeared.
It was again raised at a quarterly meeting some years later, when the
question of removing altogether from St James Street was being
discussed, but was summarily disposed of by the delegates.
BARRHEAD, JOHNSTONE, AND PAISLEY
PROVIDENT WITHDRAW.
Meantime the Barrhead bakery was ready for work and baking was
commenced in the last week of the year, but the society, although it
had withdrawn a large proportion of the loan capital invested with
the Baking Society in order to pay for the erection of its own bakery,
retained membership of the Federation until requested by the
committee to withdraw as the interest on the share capital was an
unnecessary burden on the Federation’s funds. The society was
allowed to withdraw without any of its capital being retained, being
the first of the withdrawing societies to which this privilege was
extended. In 1894, after fancy biscuit baking had been firmly
established by the Baking Society, Barrhead Society rejoined again,
taking up 1,500 shares.
Another withdrawal which occurred in a comparatively short time,
and which was doubtless influenced to some extent by the refusal to
establish a branch in the West, was that of Johnstone Society. At a
meeting of the committee which took place on 15th February 1879,
the minutes record a conversation which took place regarding a
decision of that society, come to the previous evening, to start baking
for themselves. The effect of the information that they were likely to
lose Johnstone Society’s custom so soon after having lost that of
Barrhead had a damping effect on the spirits of the committee, and it
was decided that in the meantime the erection of the new ovens
which they had proposed to build be not proceeded with. With the
withdrawal of Paisley Provident Society at the end of 1880,
consequent on having a bakery of their own ready for occupation, the
controversy with respect to the branch, and also its effects on the
welfare of the Federation, may be said to have ended.
The Federation had lost three of its best customers, but it had
succeeded in keeping its business centralised. It must always remain
a matter of argument whether it would have been better to branch
out at an earlier date and do for the societies in Renfrewshire that
which in later years it has done for Clydebank and the North of
Ireland. The question of branches is still one on which there is
considerable controversy, and, at any rate, it is certain that the
committee, and latterly the delegates, played for safety, and chose to
conserve the strength of the Federation at a time when all its
strength was needed rather than weaken it by widening the scope of
the society’s energies. The majority of the committee, it is quite
evident, were opposed to branching out, for had this not been so,
they would have gone ahead when two general meetings of the
Society gave them the mandate.
It is difficult to see that any great harm was done by the course
which was adopted. The growth of the three societies has been so
great that each of them is large enough to maintain a bakery of its
own, and although the Federation had one or two temporary
setbacks, none of them was serious enough to affect its stability or its
efficiency. It is possible, therefore, to argue that either decision
would have had equally good results. There we may leave what was
undoubtedly a stirring controversy while it lasted, the importance of
which at the time forms sufficient justification for the space which
has been devoted to it.
CHAPTER VI.
ST JAMES STREET: DEVELOPMENTS.