EVOLUTION OF THE INSTITUTE OF CONCESSION AS A BASIS FOR THE DEVELOPMENT OF TRANSPORT INFRASTRUCTURE

Abstract

Despite the considerable number of discussions concerning the problems of the concession institution, the emphasis in most cases is on the methodological and practical aspects of this issue. This may create potential problems in the development of the concession mechanism in Ukraine. The article considers the theoretical support of the concession in the field of socially significant infrastructure, systematized evolution of the concession mechanism in the world practice. An analysis of the Law on Concession was developed in accordance with the EU legal framework governing public-private partnerships. It is determined that the law is aimed at simplifying the procedure of attracting private capital of national and foreign investors to the sphere of state-legal partnership. The main positive innovations in the Law on Concession are presented and analyzed. It is established that there is no single definition of the concept of "concession" in the scientific literature, so an analysis of existing approaches to its definition has been made. Based on the study of many scientific papers on the subject of concession, the author concluded that there are many varieties and gave the systematization of different types of concessions. It is important that concessions are applied not only in the relationship between business and the state, but also between organizations and individuals. The author proposes the main types of concession: commercial concession; franchising; infrastructure concession; granting the right to conduct a certain type of activity; concessions for the development of natural resources; concessions in the field of subsoil use; public service concession. An analysis of the main conditions that must be included in the concession agreement (i.e. the conditions under which the parties must agree that such an agreement is concluded) has been made. It is determined that the socially significant infrastructure means a set of enterprises and facilities that provide common conditions for the implementation of a particular activity necessary for the functioning of the society. The study considers the main stages of the concession procedure in Ukraine. Based on the above, at the last stage of the research the author provides a definition of a concession in the field of socially significant infrastructure.