ДЕЯКІ ПИТАННЯ ЗАСТОСУВАННЯ МЕХАНІЗМУ КОНЦЕСІЇ В ПОРТОВІЙ ГАЛУЗІ: СУЧАСНИЙ ПОГЛЯД

Abstract

The article examines the features of the application of the concession mechanism for seaports in modern conditions. Within the framework of the consideration of the issue, the sequence of the adoption of regulatory legal acts was established, with the help of which, ultimately, it became possible to use the concession of seaports. It has been established that the legal basis governing the application of the concession mechanism in the port industry is: the Law of Ukraine «On Public-Private Partnership», the Law of Ukraine «About Concession», the Economic Code of Ukraine, the Civil Code of Ukraine, the Law of Ukraine «On Natural Monopolies» and others. The characteristic features of seaports as objects of concession have been determined. The place of concession projects among the ways to improve the investment climate in the port industry is considered. The advantages and disadvantages of concession projects have been studied, the problematic points of their implementation have been identified. In addition, the value of the term of the concession agreement was established. The concession tender and competitive dialogue as a possible way to select a concessionaire were investigated by the method of comparison. The problematic aspects of transformation of lease relations in seaports into concession ones are considered. This is especially important since most of the port infrastructure facilities are leased. The necessity of using the concession mechanism in seaports has been established precisely within the framework of public-private partnership. The priority value of the concession among other types of public-private partnership is indicated. It was concluded that the concession is an effective mechanism for increasing investment income and developing the port industry. Along with this, the focus is on the need to find alternative ways of developing the port industry.