Legal view on the concept of optimum models of public-private partnership in the security sector of Ukraine

Abstract

The article is devoted to the study of public-private partnership in the security sector of Ukraine. It was established that public-private partnership is the highest form of interaction (cooperation) between the state and society, characterized by the involvement and exchange of resources provided by the non- state sector in order to increase innovation and efficiency in the public sector, as well as the development of certain areas.
 Attention is drawn to the fact that despite the fact that the Law of Ukraine «On Public-Private Partnership» does not single out the security sector as an area where interaction between the state and society is possible, the analysis of current legislation in the defense sphere and daily practice shows that the security sector is also sphere of implementation of public-private partnership. It is specified that a) the security of the state is a good that is necessary for the proper and full functioning of society; b) the sphere of state security contributes to the provision of public interest, which determines the need for proper interaction of the private and public sectors; c) the field of security, within which the public-private partnership is implemented, includes cyber security, public safety, protection of critical infrastructure facilities, border security and territorial integrity of Ukraine, etc.
 It is established that the study of public-private partnership models is impossible without taking into account the experience of the United States of America (Anglo-American legal system) and the European Union (Romano-Germanic legal system). It was concluded that the most optimal models of public-private partnership in the security sector for Ukraine are 1) implementation of priority projects in the field of infrastructure of local and state importance through the tender procedure (practice of the United States of America); 2) attraction of state assets by private companies, which makes it possible to implement many joint projects in the field of security (practice of the European Union); 3) contract for management and operation (of the European Union); 4) concession agreement.