ДЕРЖАВНО-ПРИВАТНЕ ПАРТНЕРСТВО: ОСОБЛИВІСТЬ ПРАВОВОГО РЕГУЛЮВАННЯ ТА ВПРОВАДЖЕННЯ В ПОРТОВІЙ ГАЛУЗІ

Abstract

The article considers the basic principles of state-legal partnership in Ukraine, in particular in the port industry. The author analyzes the views of domestic and foreign scholars and experts in the field of legal regulation of public-private partnership. The article considers the main aspects of the transfer of Ukrainian seaports to concession. Attention is paid to the concept of concession, its main features. The issue of the need to invest in the port industry of Ukraine is raised, the model of public-private partnership in the Kherson commercial port is determined, the definition of public-private partnership is analyzed, the volume of concession agreements at the EU level is analyzed. In the course of the research the models of public-private partnership were considered and it was determined that the concession model is the best option to attract investments in the seaports of Ukraine with equal satisfaction of the interests of public and private parties. The main legal aspects of the concession of seaports are determined. The correlation of the concession with the concept of public-private partnership is considered. In this aspect, the relevant legal framework is provided, among which the Laws of Ukraine "On Public-Private Partnership" and "On Concession" stand out. The procedure and conditions of concluding a concession agreement in the port sphere are analyzed on the example of Kherson seaport. The expediency of introducing concession relations in the seaports of Ukraine is substantiated.

Based on the analyzed articles, the author concludes that to realize the full potential of concessions it is necessary to take measures to create a favorable investment climate, attractive conditions for private investorsconcessionaires, in particular, by improving the judiciary, protection of property rights, taxation and public administration.