ANALYSIS OF THE MAIN PROVISIONS OF THE LAW OF UKRAINE «ON PUBLIC-PRIVATE PARTNERSHIP» IN THE CONTEXT OF REFORMATION THE ECONOMY

V I Teremetskyi,O O Karmaza,A A Telestakova,D D Zadychaylo

doi:10.18371/fcaptp.v3i26.144915

V I Teremetskyi, O O Karmaza + Show 2 more

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https://doi.org/10.18371/fcaptp.v3i26.144915

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Abstract

The main provisions of the Law of Ukraine «On public-private partnership» that contribute to the advancement and development of relations in such fields in Ukraine as public-private partnership, socio-economic relations, attraction of investments in the economy etc. are explored in the article. Attention is focused on the provisions of this Law that are debatable. The new regulations to this Law are proposed, as well as ways to improve relations inUkrainein the field of public-private partnership. Data on implementation of projects and formation of agreements of public-private partnership were announced on the official website of the Ministry of Economic Development and Trade of Ukraine as the empirical data.In order to develop economic relations and the settlement of relations in the field of PPPs inUkrainethe Law of Ukraine «On Public Private Partnership» was adopted.Results of the research of basic provisions of the Law give cause to suggest that public and private partners combine powers in order to implement socially important projects in various fields of economic activity throughout the whole country (national level) or on some territories of Ukraine (regional or local level). Implementation of public-private partnership projects meets the requirements of society, the public receives better products and services, construction and upgrading of infrastructure objects accelerates, is investments are attracting to economy, and so on.However, the development of public-private partnership inUkraineneeds to improve the provisions of the Law. They should be flexible and allow cooperation in various formats «public-private partner». A useful complement to the existing system of coordination and control would be the creation of a special body like operating in other countries — the Private Finance Initiative.

Highlights

The development of new and improvement of existing tools for improving the competitiveness of the state economy, attraction of investments, relations between the state and persons of private law as equal partners and so on is of interest to researchers and practitioners starting from the ancient times
The importance of the development and support of public-private partnership is confirmed by staging events on international and national levels.In particular, during the 9 —11 of May 2017 in Hong Kong at the International Forum of the United Nations Economic Commission for Europe UNECE (UNECE International Forum on people-first PPPs for the Sustainable Development Goals) on the topic of «Implementing the United Nations 2030 Agenda for Sustainable Development through effective, people-first Public-Private Partnerships» was discussed a number of issues due to PPPs [1]
The main objectives of the study are the following: to carry out scientific and practical analysis of the main provisions of the Law of Ukraine «On public-private partnership» [15]; to identify obstacles that occur in the implementation of the Law of PPPs and to identify solutions

Summary

Introduction

The importance of the development and support of public-private partnership (hereinafter — PPPs) is confirmed by staging events on international and national levels.In particular, during the 9 —11 of May 2017 in Hong Kong at the International Forum of the United Nations Economic Commission for Europe UNECE (UNECE International Forum on people-first PPPs for the Sustainable Development Goals) on the topic of «Implementing the United Nations 2030 Agenda for Sustainable Development through effective, people-first Public-Private Partnerships» was discussed a number of issues due to PPPs [1]. On the 14th of February, 2017 in Kyiv city within the project of RI-LINK S2 UA was held roundtable discussion on PPPs and joint technological initiatives [2]. We note, that there is a positive trend towards formation of PPPs’ agreements in Ukraine. On the state of the 1st of January, 2017 186 projects (154 signed concession agreements, 32 agreements on joint activities and 1 PPPs’ agreement) were realized. Projects were implemented due to: refuse disposal (112 projects, come out at 60.5 % of total amount); collection, purification and distribution of water (37 projects — 20 %), building and / or operation of highways, roads, railways, runways at airfields, bridges, road overpasses, tunnels and subways, sea and river ports and their infrastructure (16 projects — 8.6 %), production, transportation and supply of heat (6 projects — 3.2 %), production, distribution and supply of electricity (5 projects — 2.7 %), property management (2 projects — 1.1 %) search, exploration of mineral deposits and their extraction (1 project — 0.5 %), tourism, recreation, culture and sport (1 project — 0.5 %), other (6 projects — 2,9 %) [3]

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