We have a deep understanding of both the public and the private sector as well as a solid track record of supporting clients in projects based on state and municipal property. As a result, we can offer customized solutions for the full range of transactions involving public assets.

Transport, communal and social infrastructure, energy, culture, healthcare, sports and tourism are among the sectors based on state and communal property. These and other areas need to be developed in reliance on private investment and successful management experience. Hence, there is a need to privatize or lease assets, implement projects under joint venture agreements, and attract investment through public-private partnership.

We boast experience gained from preparing investment projects based on state and municipal property, continuous monitoring of the relevant legislation, involvement in drafting amendments to laws on privatization, lease, investment, public-private partnership, and concession. This is why our lawyers are highly competent in providing top-notch legal services.

Our experts never stop improving their professional qualification through training in public-private partnership programs based on international certification, thus being able to act as advisors in major infrastructure projects initiated by the Government.

Public-Private Partnership

for the public partner:

• legal support of the preliminary feasibility study (preparation and support of the concept note)
• legal support in the development and follow-up of the feasibility study
• transaction structuring, drafting the tender documentation and PPP/concession agreement
• support for the public partner and the tender commission in the prequalification and determination of the best proposal
• commercial closing of the transaction (contract negotiation and conclusion)
• financial closing of the transaction (fulfillment of conditions precedent)

for the private partner:

• planning and development of organizational and legal schemes for project implementation, general advice on PPP/concession rules and procedures
• preparation of an unsolicited proposal, including the feasibility study
• support of the feasibility study during the efficiency analysis procedure
• representation in negotiations with design and construction contractors, organizations financing the project
• drafting PPP/concession agreements and direct agreements
• preparation of a tender application and development of the legal part of the bid
• representation at all stages of the tender (prequalification, determination of the best bid)
• commercial closing of the transaction (contract negotiation and conclusion)
• financial closing of the transaction (fulfillment of conditions precedent)
• management of the PPP/concession agreement at the stages of design, construction, operation, and maintenance

lease of state and communal property

• advising on the rules and procedures for leasing an integrated property complex, real estate, and movable property
• legal due diligence of the property, identification, and assessment of its lease-related risks
• support of participation in the auction through the electronic trading system, conclusion of a lease agreement following the auction or without holding an auction
• advising on insurance of leased real estate and other property

Privatization

for privatization authorities

• legal due diligence of the privatization object, risk identification and assessment
• recommendations on preparing the object for privatization
• recommendations to the terms of the auction
• representation of the seller in the negotiation of the sale and purchase agreement

For buyers

• general advice to potential buyers, assessment of the terms of sale and the chosen method of privatization, risk identification and assessment
• support of the buyer in acquiring small and large privatization property
• support of the owner in the post-privatization period (fulfilment of the terms of sale)