КОНЦЕСІЯ ЯК ФОРМА ДЕРЖАВНО-ПРИВАТНОГО ПАРТНЕРСТВА: АНАЛІЗ ЧИННОГО ЗАКОНОДАВСТВА

Abstract

The article is dedicated to the analysis of concession as the separate and the most efficient form of state and private partnership. For this reason the essence and role of state and private partnership are researched within social and economic relations. Peculiarities of such an interaction between local authorities and private sector institutions are specified. The systematic analysis of the Ukrainian law provisions «About the state and private partnership» together with the new law of Ukraine «About concessions» from the third of October 2019 № 155-IX is conducted. Peculiarities and advantages of this legislative act are outlined in comparison to the previous legislation of Ukraine that regulated concession relations. A  special attention is dedicated to efficiency of legal fixing procedures to determine a concessionaire. The main aspects of this procedure are revealed. In addition its significance for a further process of concession relations implementation is specified. Reasonability of setting up a special person (an advisor) is proved within concession relations. This personality directs their professional capability at increasing economic characteristics of the concession object. The article deals with a legislation fixation of the concession economic content and in particular tries to minimize and  fix procedural aspects of entrepreneurial risks transition to a concessionaire. It is concluded about a positive influence on concession relations such as an absence of public purchases in the process of particular concession provisions realization. It also focuses on achievement by a policy maker a high level of legal concession relations determination as well as transparency of their legislative regulation. It’s likely to be a positive achievement to attract investors in privately or state-owned property and increase efficiency of such objects administration. It is noted that the policy maker positively evaluates a probability of controversies that appear when implementing concession relations. They can be submitted to the international arbitration and judicial instances. In such a way it minimizes potential corruption cases.