Regulatory and legal regulation of public-private partnership in Ukraine

Abstract

Statement of the problem. The importance of public-private partnerships requires substantiated regulatory and legal regulation in accordance with the need for high-quality and full cooperation between the state and private business with the highest effect. Therefore, the study of the role of legal regulation of public-private partnership in Ukraine is extremely relevant in the new conditions of development of Ukrainian society, given the challenges it is facing today. Analysis of recent research and publications. Public-private partnerships are the subject of study by such scholars as K. Blishchuk, M. Garifullin, N. Dutko, Y. Kozar, L. Krynychko, F. Krynychko, V. Kruglov, O. Malin, S. Petryk and others. They study the peculiarities and prospects of public-private partnership development, consider the mechanisms of state regulation from the perspective of public-private partnership development in Ukraine, analyse its formation as a system of organisational and economic relations, and study the legal mechanisms for its implementation in various industries. Identification of previously unresolved parts of the general problem. The subject of this study is to examine the specifics of the legal and regulatory adjustments for public- private partnerships in Ukraine and to substantiate the ways to improve it. Summary of the basicmain research material. Public-private partnership is characterised as an important tool for regional development, which has an innovative nature due to the introduction of achievements of scientific and technological progress, advanced technologies and forms of development of territorial communities with a view to improving the welfare of the population living in them. The regulatory adjustments for public-private partnerships is based on a set of legislative and by-laws and regulatory documents that define its specifics and needs to be improved. For example, the Law "On Public-Private Partnership" does not enshrine the priority of this form of interaction; the legislation does not fully regulate the procedure for interaction between private and public partners and property management; at the local level, there are often inconveniences in the holistic regulation of the necessary norms, since there are a significant number of acts of local authorities at different levels, which often contradict each other; the peculiarities of public-private partnership in various sectors of the national economy of Ukraine are not fully reflected. Conclusions. The article proposes the following areas for unification of the regulatory adjustmentsfor public-private partnerships: to expand the legislative framework to increase the opportunities for concluding separate agreements between public and private partners; to unify the legislation in terms of preferential lending and tax incentives for private partners; to clarify the procedural aspects of acceptance and transfer of property to the management of partners, concluding contracts of public-private partnership agreements, and to clearly define the requirements for competitive selection of private partners.