Date of entry into
force:
October 30, 2010
(Abstract)
The Law determines the organizational and legal principles of cooperation
between state partners and private partners, and the main principles of
state-private partnership on a contractual basis.
According to Article 1 of the Law, a state-private partnership is
cooperation between the state of Ukraine, the Autonomous Republic of Crimea,
territorial communities in the person of appropriate bodies of state power and
local self-government (state partners), and legal entities, except for state
and municipal enterprises, or natural persons – entrepreneurs (private
partners), carried out on a contractual basis.
According to Article 5 of the Law, the following agreements can be
concluded as part of state-private partnership, according to the Law and other
legislative acts of Ukraine:
·
concession agreements;
·
cooperation agreements;
·
production sharing agreements;
·
other agreements.
In case a land plot must be used in the scope of state-private partnership,
the state partner provides the private partner with the possibility to use such
land plot during a term determined by the agreement concluded as part of the
state-private partnership (Article 8 of the Law).
Article 9 of the Law establishes that state-private partnership can be
financed from the following sources:
·
financial
resources of the private partner;
·
financial
resources borrowed according to the established procedure;
·
funds of the state
and local budgets;
·
other sources not
prohibited by the legislation.
Article 13 of the Law envisages that the Cabinet of Ministers of Ukraine or
a body authorized by it makes the decision to implement a state-private
partnership in respect of state property objects, holds the competition and
approves the competition results to choose the private partner.
According to Article 14 of the Law, a private partner for concluding the
agreement (agreements) as part of state-private partnership is determined
exclusively on a competitive basis, except in cases provided for by the law.
Article 18 of the Law establishes that state support of state-private
partnership can be provided by the following means:
·
provision of state
guarantees, guarantees of the Autonomous Republic of Crimea and of local
self-government;
·
financing using
the funds of the state of local budgets, and other sources, according to
national and local programs;
·
in other forms
provided for by the law.
The state guarantees adherence to the work conditions for private partners
as established by the legislation of Ukraine, in relation to the fulfillment of
agreements concluded as part of state-private partnership, as well as adherence
to the rights and legitimate interests of private partners.
Private partners are entitled to compensation of damages incurred by them
as a result of actions, inaction or inappropriate fulfillment of obligations
provided for by the legislation of Ukraine, by the bodies of state power and
local self-government, or their officials, according to the procedure
established by the legislation of Ukraine (Article 20 of the Law).
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