Законодательство как фактор развития государственно-частного партнерства в сфере информационных технологий

Abstract

Introduction. Public-private partnership (PPP) in world practice has established itself as an effective tool for interaction between business and government in the implementation of socially significant projects. The state got the opportunity to attract a private investor to solve strategic problems of social development. Information technology (IT) is no exception. In the context of globalization and digitalization of the economy, development of information technology sphere is becoming highly relevant, since it determines the level of information security and development of the country as a whole. Theoretical analysis. The main research method was the analysis of the basic laws governing public-private partnerships in the IT sphere both in Russia and abroad, which made it possible to identify the differences in the PPP legislation of different countries. Empirical analysis. The analysis of the legislation of different countries in the field of public-private partners in relation to the IT industry enabled the authors to divide countries into four groups, depending on the characteristics and level of its development. The first group of countries is characterized by the absence of a law on PPP at the state level, application of international legal norms and availability of methodological recommendations in the field of PPP. In the second group, countries have a fundamental law on PPP without specifying the spheres of its application, or a list of spheres has been formed and it includes the IT industry. In the third group, there is a general law on PPP with a list of specific areas that does not include the sphere of information technology. The fourth group of countries has no legislation on PPP. Results. The authors identified the problems of legislation in the field of public-private partnership in relation to IT projects. In particular, it was determined that Russian laws in the field of PPP have relatively more specificity in relation to IT projects than foreign ones. However, this is far from always being good and creates artificial restrictions for the development of this mechanism for attracting a private partner to finance IT projects that are significant for society. The highlighted shortcomings of the Russian legislation will help to improve efficiency and controllability of PPP projects in the IT sphere, when eliminated.