Improvement of the public-private partnership mechanism in ukraine (legal aspect)

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 the noncompliance 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