Public-Private Partnership Council
The Council for Public-Private Partnership is a collegium under the Government of the Republic of Tajikistan, created to consider and resolve issues of public-private partnership in accordance with the Law of the Republic of Tajikistan “On Public-Private Partnership”.
In accordance with article 4 of the Law of the Republic of Tajikistan “On public-private partnership” under the Government of the Republic of Tajikistan on July 2, 2013, No. 290, the Council for Public-Private Partnership was formed.
In its activities, the Council is guided by the Constitution of the Republic of Tajikistan, the Law of the Republic of Tajikistan “On public-private partnership” and other regulatory legal acts, international acts recognized by the Republic of Tajikistan, and the Regulations.
Members of the Public-Private Partnership Council are among the top leaders of ministries and departments.
Organization of the Council’s activities
The main rights and obligations of the Council on Public-Private Partnership Projects, Tender Selection Procedures, Public-Private Partnership Agreements and Dispute Resolution are regulated by the Law of the Republic of Tajikistan “On Public-Private Partnership”.
Meetings of the Council are held as needed, but at least once every three months. The place and time of the meetings is determined by the Chairman of the Council.
A meeting of the Council is considered competent if it is attended by at least 5 members.
The Chairman of the Council must notify the members of the Council in writing no later than fourteen calendar days and call a meeting, and must also convene an extraordinary meeting after receiving a written request to appoint a meeting by at least five members.
In the event of an urgent issue, despite the requirements, an extraordinary meeting is convened by the Chairman of the Council by sending a notification (telegram, telephone call).
The chairman of the Council meeting is the chairman of the Council, and in his absence, the chairman is headed by the deputy chairman of the Council.
Decisions of the Council on all issues under consideration are adopted by a majority vote of the members present at the meeting and are drawn up in minutes on the Council’s letterhead. In case of equality of votes, the person presiding at the meeting has a casting vote.
When the Council considers the approval of the proposed public-private partnership in accordance with Articles 14-16 of the Law of the Republic of Tajikistan “On Public-Private Partnership”, the head of the central government or local government responsible for the previous project belongs to him, is temporarily included in the Council with one voice.
The minutes of each meeting of the Council are drawn up by the Secretary of the Council, signed and sealed by the Chairman of the Council. The minutes of the Council meetings are kept in the Center for the Implementation of Public-Private Partnership Projects.
If necessary, the Council has the right to invite, without a vote, persons (individuals, the head of a legal entity, experts, etc.), whose presence the Council considers necessary to participate in the discussion of issues submitted for consideration at the meeting.
If the issues to be considered at a meeting of the Council directly or indirectly affect the interests of the members of the Council or persons participating in the meeting, then they are obliged to disclose this situation before the meeting. These persons cannot participate in the consideration and discussion of this issue, as well as in voting on all issues related to the content of this discussion.
In accordance with clause 14 of the Rules of Procedure, if interest is expressed, this is recorded in the minutes of the meeting at which interest was expressed.
The Secretary of the Council participates in all meetings of the Council. In his absence, he will be replaced by the acting director of the Center for the Implementation of a Public-Private Partnership Project without the right to vote.
The Council annually submits a report on its activities to the Government of the Republic of Tajikistan.
The Council can consider all disputes about public-private partnerships.
Organizational, methodological and technical support for the Council’s activities is provided by the State Institution “Center for Implementation of Public-Private Partnership Projects” – the State Committee for Investments and State Property Management of the Republic of Tajikistan.
The Council is not a legal entity, it has an official form and a round seal.
Composition of the Public-Private Partnership Council
- First Deputy Prime Minister of the Republic of Tajikistan – Chairman;
- Chairman of the State Committee on Investments and State Property Management of the Republic of Tajikistan – Deputy Chairman;
- Minister of Justice of the Republic of Tajikistan;
- Minister of Finance of the Republic of Tajikistan;
- Minister of Economic Development and Trade of the Republic of Tajikistan;
- Chairman of the State Committee for Land and Geodesy of the Republic of Tajikistan;
- Chairman of the Committee for Construction and Architecture under the Government f Republic Tajikistan.