The USA Journals Volume 03 Issue 11-2021
133
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
133-138
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-19
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article analyzes the legal framework, institutional and other conditions governing the
implementation of the mechanism of public-private partnership in Uzbekistan. At the same time,
special attention is paid to the challenges presented by the strong and varied trends toward greater
involvement of the private sector in public education in Uzbekistan. We agreed that forms of public-
private interaction like those just described, well-established in the context of the history and practice
of each country, were different from the new concepts of PPPs in education that have emerged over
the last few years. We knew that some of these arrangements had historically been sources of political
controversy and debate, over issues such as the allocation of public resources and the secular role of
the State.
KEYWORDS
Public-Private Partnership, Legal Framework Of Public-Private Partnership, Public-Private Partnership
Development Agency, Institutional Base Of Public-Private Partnership.
INTRODUCTION
In the face of an increasing child population,
pressures on educational quality and ever-
tighter budgets, governments are facing
immense pressure to deliver education in a
more equitable and efficient manner. As a
result, governments around the world are
making the economic and political decision to
engage the non-state sector to deliver
education that may have previously been
delivered by the public sector. They do this
Need For Public-Private Partnership In The Higher Education
System And Challenges In Its Implementation In Uzbekistan
Jabbarov Ahmad Ravshanovich
Teacher, Specialized Branch Of Tashkent State Law University, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 11-2021
134
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
133-138
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-19
I
MPACT
F
ACTOR
2021:
5.
952
because they believe the resultant public-
private partnerships (PPPs) bring about
efficiencies that improve not only the quantity
but also potentially the quality of education for
all children across all sectors by maximising the
advantages
offered
by
each
sector.
Governments entering into such arrangements
are typically driven by one or more of the
following goals: increasing access, improving
quality and delivering education in the most
cost effective manner. [1].
There are sectors in the economy that are in
line with the goals of public and private
business. But this commonality is often left un
crossed at some point. If we look at the
experience of developed countries, the public-
private partnership acts as a crossroads where
the government and the investor meet. It is the
development of the country's economy, the
renewal of infrastructure, the impetus for
development in general, and has become a
good source of income for the business
representative. In this sense, public-private
partnership is the most acceptable way to
achieve mutually beneficial goals. Formerly
underdeveloped and deficient, PPPs have now
become a tool to increase economic
competitiveness and develop services.
Until 2017, the higher education system in
Uzbekistan was characterized by limited
access. The coverage of the student-age
population by the higher education system is
about 9%, which is below regional and
international standards. With a 9% coverage of
the higher education system, it turned out that
9 out of 10 school graduates cannot go to
higher education. [2]. The higher education
system still faces a number of pressing
problems and shortcomings in the field of
training highly qualified personnel, including:
a)
In the field of higher education coverage
and quality assurance,
b)
In the field of research and innovation,
c)
In the field of strengthening the material
and technical base of higher education
institutions,
d)
In the field of increasing the attractiveness
of higher education, ensuring international
competitiveness.
It is no secret that the solution to most of the
problems listed above lies in the material side.
Even without the pandemic that has spread
around the world, a large amount of money
from the state budget is needed to solve the
listed problems.
This makes it necessary for the state to
cooperate with the private sector not only in
terms of the development of higher education,
but also in terms of economic liberalization.
At a time when science is advancing rapidly,
and the state cannot develop without science,
it is an unforgivable mistake in the 21st century
for the state to finance education only from the
budget.
Only as a result of successive reforms, the
enrollment of secondary school graduates with
higher education has increased from 9% to 29%
over the past five years.
As of 2021, the number of higher educational
institutions is 151, of which 25 are educational
institutions created on the basis of joint
programs, private and PPP.
Although there are enough reasons for the
introduction of PPPs above, there are still some
obstacles in this regard. In order to understand
the idea about the factors, favoring or
interfering PPP development in the country, it
The USA Journals Volume 03 Issue 11-2021
135
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
133-138
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-19
I
MPACT
F
ACTOR
2021:
5.
952
is useful addressing to materials of UNDP
Public Private Partnership for the Urban
Environment (PPPUE) program. [3]. The
following factors and restrictions are listed in
these materials, allowing to judge availability
of legal, institutional, economic and other
preconditions for productive participation of
private sector in infrastructure of the country.
Although the problems mentioned in the
above source are related to the infrastructure
sector, the education system is not without
them.
Legislation and state regulation
. The legal
base for PPP in Uzbekistan is created by
national
legislation
on
privatization,
restructuring
and
regulating
natural
monopolies, on measures on developing
competition, introducing rent and concessions,
attracting foreign investments, as well as on
reforming certain sectors of social and
economic infrastructure. [4,24].
Although
some
projects
have
been
implemented in the field of PPP, it is no secret
that the regulatory framework governing this
area is not fully formed or does not exist. The
lack of a single legal mechanism for
cooperation
between
government
and
business is one of the main reasons for the
poor
development
of
public-private
partnerships in the country.
Over the past 4 years, 45 normative and legal
acts regulating certain aspects of public-
private partnership have been in force in the
country, including 15 laws, 9 decrees of the
President of Uzbekistan, 17 resolutions of the
Cabinet of Ministers and 4 departmental
documents.
Institutional
restrictions
.
Institutions
in
Uzbekistan are evolving in direction of private
sector development, encouragement of
competition, and continuation of privatization.
Such vector of institutional shifts will certainly
favor to PPP expansion. At the same time, the
country has no sufficient experience in
effective and transparent private-public
partnership. [4,25].
Resolution of the President of the Republic of
Uzbekistan dated October 20, 2018 No 3980
"On priority measures to create a legal and
institutional framework for the development
of public-private partnership" on the further
development of public-private partnership,
strengthening the legal and institutional
framework in the field Addressing the
challenges that still need to be addressed is
important by coordinating the interaction of
industry organizations working in partnership
between the state and business entities.
With this decision, the Agency for the
Development of Public-Private Partnerships
was created under the Ministry of Finance,
which is faced with the task of promptly solving
socially significant problems in a mutually
beneficial environment, as well as effective
management and coordination of public-
private partnerships and public administration.
-Business cooperation. In particular, the
agency will participate in the development of
public-private partnership programs, develop a
methodology for assessing the effectiveness
and benefits of public-private partnership
projects, ensure interagency coordination in
the implementation of projects in this area, and
assist
ministries
and
departments
in
developing a project concept. [7].
The USA Journals Volume 03 Issue 11-2021
136
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
133-138
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-19
I
MPACT
F
ACTOR
2021:
5.
952
Non-overcome distrust between public and
private sector
. PPP introduction in Uzbekistan
can be interfered by insufficient experience of
equitable
cooperation
between
public
agencies and private enterprises, and still non-
overcome distrust between public and private
sector. It is also necessary not to overlook the
threat of corruption, for which there can be
new opportunities when transactions between
the state and commercial firms expand.
Financial restrictions
. PPP prospects in
Uzbekistan
depend
on
readiness
and
capabilities of private investors to invest their
own resources in infrastructure sector of the
country. Despite rise in investment activity, its
scales in Uzbekistan remain insufficient for
implementing large PPP projects in noticeable
quantity. The main part of these investments
was made by the companies controlled by the
state, especially for their own production
assets,
and
considering
such
capital
investments as private should be done with
significant reservations. [4,26].
Conclusion and implementation of contracts
.
The sustainable procurement system of goods,
works and services, which would lean on
advanced
engineering
and
consulting
infrastructure, and full information base, has
not yet been created. Today potential
participants of competitions can not always
receive in time full necessary information
about
the
situation
of
infrastructure
enterprises, have no reliable data on market
capacity, pre-investment research materials
and feasibility studies. This leads to reduction
of competitiveness of competitive selection
procedure,
and
does
not
guarantee
achievements of the best result for the society
at used resources («value for money»
principle).
Businessmen
and
potential
investors can not always obtain objective
information. Absence of reliable initial
assessment of subject of competitive tenders
also adversely affects their results. Finally, very
important is ability to correctly formulate
competition conditions and securely verify
their implementation, and that the competitor
possesses
necessary
professional
and
organizational qualities. Experience of drawing
up and implementing such contracts in
Uzbekistan is insignificant yet. There are also
no typical PPP tools adapted for local needs,
which could be used at drawing up concrete
agreements.
Personnel
problem.
PPP
projects
implementation requires educated staff, both
in private and in public sectors, especially staff
both with special technical knowledge,
necessary for work in modern sectors of
education and competence in administrative,
legal and financial issues. Taking into account
that PPP introduction in the country is at an
initial stage, and regular training on
administrative, legal and financial aspects of
PPP has not been carried out, it is necessary to
expect that personnel deficiency can become
an obstacle to mass participation of private
sector in education. Shortage of skills in such
issues as modern financial analysis and
planning,
state
regulation
of
private
enterprises carrying out tenders, monitoring
and controlling contracts implementation and
public relations could be especially serious.
Public opinion
. Success of
PPP
projects in a
great extent depends on public participation
and support. In Uzbek society, the long-term
tradition has generated expectations that
education services are provided by the state
free-ofcharge, or in strongly underestimated,
sometimes symbolical prices. [4,28].
The USA Journals Volume 03 Issue 11-2021
137
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
133-138
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-19
I
MPACT
F
ACTOR
2021:
5.
952
Despite the adoption by the state of a number
of laws and regulations, there are a number of
reasons why reforms in this area are not being
carried out sufficiently. In particular, for many
years the population and some officials did not
understand the provision of services provided
only by the state and at a monopoly level to the
private sector, the ignorance of business and
investors about
PPP
reforms, forms and
mechanisms of
PPP
. have not been adapted to
current conditions.
The success of the higher education system is
that for the last 30 years it has been ingrained
in the minds of the population that the type of
higher education is not free. Therefore, it will
not be a problem for the state to find a private
partner in the higher education system.
Although the government has focused on
creating
the
regulatory
framework,
institutional and other conditions for the full
implementation of public-private partnerships,
there are difficulties and delays in the
implementation of this model, and the use of
this system remains low.
Unfortunately, due to legislative shortcomings,
bureaucratic obstacles, the complexity of the
tender process and the lack of coordination of
work with investors in the framework of public-
private partnerships (
PPPs
) between ministries
and local governments, many PPP projects are
unjustifiably postponed or not implemented.
On May 10, 2019, the Law "On Public-Private
Partnership" was adopted, which is an
effective mechanism for the implementation
of the constitutional right of citizens to
perform state and public functions.
Currently, the implementation of public-private
partnership projects has begun in some
industries. However, in the spheres of health
care, education, transport, road construction,
housing and communal services in most
spheres the initiative is still not felt at all.
In conclusion, it should be noted that the
introduction of the
PPP
mechanism will lead to
an inflow of private investment, the expansion
of entrepreneurial activity, the introduction of
best management practices and the creation
of an effective education. This will lead to a
quick and effective solution of many socio-
economic problems of society in a mutually
beneficial environment and a reduction in
budgetary expenditures.
REFERENCES
1.
https://www.uz.undp.org/content/uzb
ekistan/ru/home/library/poverty/theor
y-and-practice-of-public-private-
partnership-.html
2.
Uzbekistan modernizatsiya sistemi
visshego obrazovaniya (Uzbekistan
modernization of the higher education
system). World Bank Document.
Retrieved
from
http://db.rgub.ru/youthpolicy/sngyzbe
k/Yzb_modern_vish_obr_yzb_2014.pd
f
3.
UNDP’s Public Private Partnership for
the Urban Environment (PPPUE)
program.
Retrieved
from
https://www.uz.undp.org/content/uzb
ekistan/en/home/search.html?q=uzbek
istan
4.
Private-public
partnership
in
Uzbekistan: problems, opportunities
and ways of introduction. Report.
UNDP in Uzbekistan, 2007 Tashkent. (p
24).
http://www.undp.org/content/dam/uz
The USA Journals Volume 03 Issue 11-2021
138
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
133-138
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-19
I
MPACT
F
ACTOR
2021:
5.
952
bekistan/docs/Publications/economicg
overnance/Theory-and-practice-of-
public-
partnership/img_un_public%20private.
pdf
