PUBLIC-PRIVATE PARTNERSHIP IN THE FIELD OF INFRASTRUCTURE UNDER WARTIME CHALLENGES AND THREATS: ADMINISTRATIVE AND LEGAL PRINCIPLES

Authors

  • Yevhen Smuryhin State University of Infrastructure and Technologies

DOI:

https://doi.org/10.32703/2663-6352/2025-1-17-190-197

Keywords:

administrative law, public-private partnership, mechanism of public-private partnership, infrastructure, economic development, concession, agreement, public authorities, local self-government bodies, martial law

Abstract

The article examines the peculiarities of PPP in the infrastructure sector of Ukraine, outlines the main administrative and legal principles of the mechanism for its implementation in the context of military challenges and threats from the Russian Federation. It is noted that public-private partnership is an effective tool for solving the problems of Ukraine's socio-economic development, which can significantly reduce the financial burden on the state, especially in the implementation of capital infrastructure and socially significant projects. PPPs contribute to economic development by creating new jobs and increasing the country's competitiveness in the international market. Thanks to the joint efforts of the government and business, citizens have access to better services and infrastructure, which improves their lives and increases their trust in government institutions. An important condition for the success of PPPs is transparency and responsibility of both parties, which ensures long-term benefits for society It is noted that due to the war on the part of the Russian Federation and the subsequent economic situation, work on new and already implemented infrastructure projects is slowing down and even stopping, which negatively affects the development of the Ukrainian state and its economy. In a time of war, budgetary funds are insufficient, so infrastructure projects cannot be fully implemented. In this regard, there is a need to involve private investors in solving the state's problems. The PPP mechanism involves attracting private investment. PPPs allow attracting private investment to finance projects, which reduces the financial burden on the state budget. This is especially important for large infrastructure projects that require significant funds; economic development and job creation. The implementation of PPP projects contributes to economic growth by creating new jobs and stimulating business development. This has a positive impact on the country's economy as a whole, increasing its competitiveness in the international market; improving the quality of services through innovation. The private sector often has access to the latest technologies and innovative solutions, which can improve the efficiency of project implementation. This may include the use of best practices in development, management, and maintenance. Joint projects often lead to an increase in the quality of services provided precisely because of the use of advanced technologies and management methods. The author concludes that PPPs are an effective means of ensuring a fair balance of public, private and social interests. Public- private partnership is one of the forms of interaction between the state and business based on mutually beneficial cooperation by combining contributions and sharing risks to perform socially important tasks. However, given that PPPs have public law features, PPP agreements are not civil law contracts, but are subject to administrative law. Public-private partnerships are primarily aimed at realisation of the public interest, and therefore the relevant contractual structures are complex in nature, and not purely private law.

Published

2025-07-16

Issue

Section

Journal Articles