Удосконалення механізму публічно-приватного партнерства в Україні (правовий аспект)
Improvement of the public-private partnership mechanism in ukraine
(legal aspect)
Author(s): A. O. MazalovaSubject(s): Law, Constitution, Jurisprudence
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: public-private partnership; the Model Law on Public-Private Partnership; legal forms of the public-private partnership; qualification features of the public-private partnership;
Summary/Abstract: The article deals with global and domestic experience in the sphere of public private partnership. Ukrainian legislation on public-private partnership was analyzed,the legal regulation of the main problems was defined and solution was formulated.The comparative analysis of the Law of Ukraine «On Public-Private Partnership» and the Model Law on Public-Private Partnership has been carried out.The urgent need of the legal regulation improvement in the sphere of public private partnership in Ukraine was determined. The author points out that for the further interfacing of the logical relations model among state and business, it is necessary to: increase substantially the effectiveness of the legal regulation by its activization; establish the terms of public-private partnership qualification which can be based on the contractual modes of different promissory constructions; take into account the Model Law on Public-Private Partnership for which reads to: expand the possibilities for a private partner to choose the contractual form of the public-private partnership, moreover enshrine the corporate form of such partnership; improve the selection procedure of a private partner, etc.; hold the parties’ responsibility for then on compliance or improper performance with public-private partnership obligations.The implementation of the proposals enshrined in the article will increase the effectiveness of the legal mechanism for the provision of public-private partnership,will promote the effective implementation of public-private partnership projects,which will have a positive impact on the socio-economic life of the country
Journal: Теорія і практика правознавства
- Issue Year: 1/2018
- Issue No: 13
- Page Range: 1-12
- Page Count: 12
- Language: English, Russian, Ukrainian