scholarly journals LEGISLATIVE PROVISION OF PRACTICAL IMPLEMENTATION OF CONCESSION RELATIONS IN UKRAINE

Author(s):  
Lyudmyla Seroklyn

The article analyzes the legislative support for the implementation of the concession in the development of the national economy. Emphasis is placed on the importance of deepening the understanding of the essence of the concession. It is emphasized that the problem of investing in the restoration and development of most industries, housing and communal services, infrastructure, the communal sector of the economy, and mining is exacerbated for the national economy. It is due to the intensification of interaction between private business and the state on the basis of the contractual mechanism of the concession that it is possible to implement a system of measures to stimulate effective cooperation between the state and business. The basic normative-legal bases of regulation of concession activity are defined. The main content of the Law of Ukraine on Concessions is analyzed in order to identify the main positive changes in its practical use. The main directions of positive changes in the legislative regulation of concession activities are highlighted. Among the main positive aspects that affect the intensification of concession activities in the country are: changing the view of the concession, the separation of public-private partnership and concession, the formation of requirements for concessionaire status, determining the procedure and procedure for concession, requirements for state support of concession projects. It is emphasized that there are some omissions in the legislative support of the concession. The analysis of the legislative support of concession activities allows us to emphasize the significant potential of this form of PPP to attract private capital in the development of state and municipal property. In addition, the legal requirements for the practical use of the concession indicate sufficient potential for the development of concession activities in Ukraine and the availability of appropriate legal support to maximize the benefits of concession projects. Options for their settlement are proposed to prevent abuse by partners in the implementation of the concession agreement.

2018 ◽  
Vol 170 ◽  
pp. 05012 ◽  
Author(s):  
Ivan Makarov ◽  
Vladimir Plotnikov

In the modern economy, there are problems associated with investing in infrastructure development. Its facilities are public goods. Therefore, private business is not interested in their creation and development. And the state does not have sufficient resources to solve the problems of infrastructure development. Therefore, the mechanism of interaction between the state and business on the basis of public-private partnership (PPP) has spread in this sphere. The analysis shows that the forms of PPP depend on the country (region) and industry. Therefore, increasing the effectiveness of PPP, as the authors have shown, should be based on the specificity of projects. The article analyzes the experience and perspectives of PPP development in the Russian transport industry. The authors concluded that the interaction of power and private capital is the most effective mechanism in modern conditions for the creation and development of transport infrastructure in Russia. At the same time, the article focuses on the financial component of PPP in transport.


2020 ◽  
pp. 28-32
Author(s):  
Bohdana Shuliuk

Purpose. The purpose of the article is to study the legislation governing the formation and operation of the financial mechanism of public-private partnership, as well as to substantiate measures to address its gaps. Methodology of research. The following methods are used in conducting the research: an analysis and comparison – in study the normative and legal acts in relation to adjusting of financial mechanism of public-private partnership. The logical assessment was used to substantiate proposals for improvement and the main aspects of the development of legislative support of this mechanism. The generalization was used in the process of formulating conclusions based on the results of the analysis. Findings. It is established that normative and legal base for the development of the financial mechanism of public-private partnership is at the stage of formation, accompanied by a number of problems and constraints that hinder the development of the mechanism. It is multilevel, confusing, complex and bureaucratic. Therefore, the need to develop a state strategy for the development of partnership between the state and business at the national level is substantiated; establishing compliance between the legislation of general and specialized action; development and adoption of legislation that would regulate the partnership between the state and business in various types of economic activities and areas of social infrastructure, etc. Originality. Recommendations have been made to improve the legislative support for the development of the financial mechanism of public-private partnership, which, in contrast to the existing ones, will make it possible to resolve contradictory provisions in the field of cooperation between the state and business. Practical value. The practical implementation of the proposed measures will create favourable legislative conditions for the development of this mechanism, which will allow to solve state problems in the economic sphere and social infrastructure, as well as to stimulate entrepreneurial activity. Key words: financial mechanism, public-private partnership, legislation of Ukraine, economic sphere, social infrastructure, priorities of budget financing.


2021 ◽  
Vol 3 (9) ◽  
pp. 87-94
Author(s):  
S. V. NEZHDAI ◽  
◽  
A. Yu. LUKYANOVA ◽  
I. S. GRUZINOVA ◽  
A. A. PROSTYAKOV ◽  
...  

The article shows that, in general, cooperation between public authorities and private business is one of the most important factors that generally affect the social and economic development of territories. The powers in the field of organizational and regulatory regulation of public-private partnership issues at the federal level are considered.


2011 ◽  
Vol 8 (4) ◽  
pp. 471-484 ◽  
Author(s):  
Karin Svedberg Helgesson

Recent risk-based regulation on anti-money laundering emphasises the need for private business actors to be more actively engaged in preventative efforts. This proposed public-private partnership against crime raises important questions of how to balance values and interests as it situates business actors in an intricate position at the centre of conflicting claims and attributions. Based on an interview study of the banking industry in Sweden, this article analyses how surveillance for the state in relation to anti-money laundering is implemented into the business-as-usual of business actors. The findings support the initial assumption that the role of agent of the state is in conflict with the role of being an agent for private principals. However, a complementary tentative conclusion is that the demands of one principal could also be beneficial for promoting the interests of the other principal. Finally, it is suggested that making oneself more accountable may, in fact, be a means to limit corporate accountability.


Author(s):  
Svitlana Onyshchenko ◽  
Alina Hlushko ◽  
Oleksandra Maslii

The article addresses the problem of increasing the national economy energy efficiency level. Analysis of the regulatory framework for the implementation of state policy towards ensuring energy efficiency of the Ukrainian economy is carried out. A dynamic analysis of a number of indicators for the state economic development in the context of determining the state and potential of energy efficiency of the national economy is characterized. A low degree of practical implementation of state measures on energy conservation and energy efficiency is noted. The main factors of restraining the national economy energy efficiency development are identified and a number of measures to increase its level are suggested.


2021 ◽  
pp. 12-20
Author(s):  
M. I. Muslimov ◽  
◽  

Expanding the sphere of interaction between the state and the medical business is one of the priorities for the development of the medical services market in the Russian Federation. The healthcare reform, based on the principles of evidence-based medicine, digital healthcare, and high medical technologies, is primarily aimed at improving the quality of medical services and the availability of highly qualified medical care for all segments of the population. Accessibility, quality and timeliness of medical care are the main postulates of the daily activities of a private medical institution. during the period of increasing crisis phenomena in the economy and social sphere, private medicine can provide significant assistance to the state health service, become the “lifesaver” for the domestic health protection system, which today is mostly represented by the public sector. One of the most effective mechanisms of interaction between the state and private business, adopted all over the world, is the system of public-private partnership. The purpose of the study is to analyze possible forms and mechanisms of interaction between the medical business and the state within the framework of public-private partnership. M a t e r i a l s a n d m e t h o d s . The assessment of the current regulatory framework was carried out, a significant volume of domestic and foreign literary publications was analyzed, the main theoretical hypothesis was formulated on the basis of the systematic scientific method and a research plan was built. R e s u l t s . In the course of the conducted research, objective main cause-and-effect factors affecting the development of an adequate system of public-private partnership in the field of medicine and healthcare have been identified and analyzed, in terms of the distribution of benefits, costs and risks carried out on the principles of long-term, voluntary, manageability, legal validity between a private medical organization and federal and/or municipal executive authorities. The main causal factors include insufficient funding, an unfavorable demographic situation, low efficiency of using the resource base, a reduction in the bed fund under the guise of “optimization”, a decrease in the social level of the population and the redistribution of the medical and diagnostic structure due to the COVID‑19 infection pandemic. It should be recognized that the state system of medical care is not always able to fully meet the needs of societies for high-quality qualified medical care. The analysis of foreign literature has shown that medical services abroad successfully use the principle of public-private partnership, redistributing efforts to form the necessary institutional environment in healthcare between private business and the state. Such a form of interaction as concession, leasing, franchise, outsourcing, aufstaffing allows us to optimally balance the interests of the medical business and public health, significantly optimize the budget costs for health protection, especially in a difficult epidemiological period. The result of the research was the development of a conceptual and theoretical model of various forms of interaction between private medical business and government agencies within the framework of public-private partnership programs. C o n c l u s i o n s . Thus, public-private partnership is an effective economic tool that ensures the coincidence of the interests of private medical business and the state, allowing to make a profit for both subjects of medical activity, with a reduction in state budget expenditures for healthcare purposes, but with the preservation of high quality medical services and resource provision.


Author(s):  
Larysa Lazebnyk ◽  
◽  
Yevhenii Nuriakhmetov ◽  

Рublic-private interactions have become commonplace in the economic life of many countries. Governments, state-owned enterprises and organizations use various forms and mechanisms to attract private capital to fulfill the main responsibilities of the state - the provision of socially important public services related to the development and maintenance of transport infrastructure (roads, bridges, tunnels, parking lots), water supply, social housing, telecommunications infrastructure, sewage treatment plants, museums, schools, hospitals, and in some countries even private prisons. The state turns to such an instrument of contractual agreements with private partners as public- private partnership in order to bridge the gap between available resources and funds needed to finance projects in the above areas, diversify supply, ensure optimal value for money, allocate not only costs but and risks. Using the definition of public-private partnership, which is given by authoritative international organizations, contained in the Law of Ukraine "On Public- Private Partnership" and research, the article describes the key features of public-private partnership. These are the distribution of risks, the conflict of interests of partners, the problem of agency relations, longevity. The main attention is paid to identifying the specifics of PPP from the standpoint of differences from traditional procurement. This analysis distinguishes the requirements for these two types of contracts between public and private entities and identifies factors that may lead to wrong choices and thus discourages the desire to optimize value for money in the provision of socially necessary services. Awareness of the peculiarities of PPP will contribute to the success of its future implementation and practical implementation in Ukraine.


Author(s):  
Vdovenko ◽  
Korobova ◽  
Pavlenko

Subject of research – relations in the process of improving the mechanism of regulation of road development in Ukraine and putting into practice proposals to ensure innovative approaches and modernization of the road system on the basis of public-private partnership are formed. The purpose of the article. The scien- tific and methodological and practical proposals with the purpose of applying the mechanism of regulation of the road economy development as a promising of the national economy have been developed. The methodology of the work. The theoretical and methodological basis of the research is the system of both general scientific and special methods of scientific cognition, fundamental provisions of modern economic theory and practice. In scientific research such methods as mono- graphic in formulating approaches that the development of the road economy de- pends not only on the level of economic development, but also on the influence of regulatory mechanisms that are applied, economic and statistical – in determining and calculating the concession payment for the right to management are used. The results of the work – the scientific results of the improved basis of development of the national economy through the creation of an effective mechanism for the implementation of new rules and tasks in the system of regulation in the field of road economy are proposed for application. Conclusions. We propose modern mea- sures and tools for shaping the innovative environment, and we propose to intro- duce such rules that would meet the interests of the authorities, increase the level of protection of interests of private investors and the state in the implemen- tation of public-private partnership projects. The advantages in developing mech- anisms for guaranteeing public-private partnership project financing by the state partner during the whole project implementation period are substantiated; mecha- nism of fair compensation in case of early termination of the public-private part- nership contract at the initiative of the state partner in order to compensate for the reasonable losses of the private partner. The scientific-methodological and practical proposals for the purpose of application of the mechanism of regulation of the road development are revealed. It is proved that due to the impact of mod- ernization transformations, the public-private partnership can play a dual role as an institutional innovation and has every reason to combine both the modernization of investment activity and the modernization of the regulatory mechanism for the purpose of evolutionary transformations in the leading spheres of the national economy.


2020 ◽  
Vol 13 (2) ◽  
pp. 105-110
Author(s):  
I.M. Sinyaeva ◽  

In this article, the author consistently reveals the content of the art of cross-marketing, highlighting the value of partnership. In a logical sequence, the contribution of foreign and domestic scientists to the creation of a young science of cross-marketing: the end of the 20th century. Noting the specifics of cross-marketing content, the author rightly highlights the importance of network integration in the national economy. Theoretical value is the author’s study of the content of cross- marketing with an illustration of the place of partnership in its system. To evaluate the results of cross-marketing, the author suggests using the qualimetric method. The author’s conclusion about the need to develop an institutional environment of cross-marketing in the framework of interaction between the state and representatives of private business is valid.


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