Public-Private Partnerships by Ukrainian Law

The Law of Ukraine “On Public-Private Partnerships”

This Law determines organizational and legal bases of interaction government partners with private partners and key principles public-private partnership on a contractual basis.

Public-private partnerships - cooperation between State Ukraine, Crimea, regional communities that represented by the relevant authorities and agencies of a local government (public partners) and legal

persons other than government and municipal companies or individuals persons - entrepreneurs (private partners) that exercised based on the agreement in the manner prescribed by this Law and other legislative acts.

Signs of public-private partnerships include:

Ensuring the highest technical and economic indicators efficiency, than in such activities public partner without the involvement of the private partner;

Length relationship (5 to 50 years);

The transfer of the risks to the private partner in the process of implementation of public-private partnerships;

Making private partner investments into partnership from sources not prohibited by law.

The basic principles of public-private Partnerships include:

Eequality before the law, public and private partners;

Prohibition of any discrimination against public or private partners;

Harmonizing the interests of public and private partners to mutual benefit;

Unchanged during the term of the agreement concluded in through public-private partnerships, purpose and form of ownership of objects in state or communal ownership or belonging to the Autonomous Republic of Crimea, transferred to the private partner;

Eequitable distribution between public and private partners risks associated with the performance of contracts concluded under public-private partnerships;

Definition of the private partner on a competitive basis, except as required by law.

Full original text of Law