Historical basis of appearance and problems of PPP projects implementation in Ukraine and in the world
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 5
Abstract
The purpose of the article is to study the historical preconditions for the emergence and development of public-private partnerships in Ukraine and in the world, as well as to identify the most pressing problems regarding the implementation of public-private partnership projects in contemporary socio-economic conditions. The scientific novelty. The classification of public and private partners was proposed. The definition of the so-called «substitutional» (substitute) private partner and sponsor has been substantiated. The experience of implementing public-private partnership projects in the USA, Austria, Germany and other countries has been analyzed and the scientific point of view on the legislative implementation of the best world experience in this field has been improved. It was improved definition of the concept of «public-private partnership project». Conclusions. The system of implementation and management of PPP projects in Ukraine is significantly complicated, in particular due to: 1) the absence of a single codified legal act in the field of PPP; 2) the lack of a single definition of the concept of «PPP project» and its features in the legislation of Ukraine; 3) lack of doctrinal classification of public and private partners, including depending on their role in the implementation of the relevant infrastructure project. Due to the need for significant improvement of this system, the article substantiates the necessity of adopting the Code of Ukraine in the field of public-private partnerships, defines the PPP project, elaborates the criteria for partner classification in the implementation of the PPP project. It is noted that the solution of the problematic issues can be the implementation in the legislation of Ukraine of the concept of the so-called «assistant» public partner in the implementation of the PPP project – that is, the state partner, whose authority is limited solely to administrative and supervisory functions, and involved in the implementation of the PPP project exclusively at under the law. The main public partner is involved in the project implementation both on the basis of the law and on other legal grounds. It is also proposed to introduce into the legislation of Ukraine the notion of a substitute private partner (sponsor) – that is, a partner who can guarantee the fulfillment of obligations of the main private partner for the implementation of the PPP project.
Authors and Affiliations
A. V. Sorochenko
Keywords
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- EP ID EP659136
- DOI 10.32886/instzak.2019.05.13
- Views 81
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