ПУБЛИЧНЫЕ ЗАКУПКИ КАК СОСТАВЛЯЮЩАЯ СИСТЕМЫ ОТНОШЕНИЙ ПУБЛИЧНО-ЧАСТНОГО ПАРТНЕРСТВА В ЗАКОНОДАТЕЛЬСТВЕ УКРАИНЫ

• Authors: Sorochenko Anton

Title variants

EN

Public procurement procedures as a part of public-private partnership system under the legislation of Ukraine

• Languages of publication: RU

Abstracts

EN

This article is devoted to the study of the legal status of legal relations’ subjects in the public procurement field, as well as the settlement of legislative problems that arise in the spheres of public procurement and public-private partnerships (PPP) in Ukraine. The necessity of implementation into the legislation of Ukraine the concept of “special purpose company” is substantiated. The experience of foreign countries in implementing PPP projects in the area of “public procurement” (for instance, Latvia, Australia, Switzerland, the Netherlands, Belgium and other countries) is analyzed in detail. In particular, it has been determined that in Belgium mainly two methods of public procurement are used: concession agreements for the performance of work and development agreements, which in any case provide for financing the project by the private sector. Under the concession agreement for the performance of work, a private partner carries out the construction and financing of the entire volume of work or part thereof, and also subsequently operates the facility for a certain period of time. When making public procurement under PPP (development agreement), a private enterprise finances the work and further construction, after which it transfers ownership or leases the facility to a public partner or third party. The public partner or the aforementioned third party further pays the rent or license fee to the private company. Belgian public procurement laws do not apply to concession contracts for the provision of services, which, however, must correspond to the requirements of the general principles of contracts, such as, for example, the principles of transparency and competition. It is proved that the establishment of the Unified State Register of public sector entities will allow to unify the legislation of Ukraine in the field of PPP. The thesis is substantiated that the implementation of PPP projects is possible by applying the so-called “property law Construction”, in which these projects can be implemented through the alienation or transfer of state property rights (purchase and sale, long-term property right to use real estate), or “superficial right”. At the same time, public procurement legislation is not being apllied if public sector entities do not stipulate specific conditions under which private partner acquires a property right to the corresponding real estate and enjoys this right (when, for example, a state authority sells land to a private partner, provided that the latter will build the parking lot complex), and also if no obligation to purchase or lease can be imposed subject to the legislation in public procurement sphere.

Keywords

EN

public-private partnership; public procurement procedures; legal relations’ subjects in the public procurement field; concession agreement for the performance of work; development agreement

• Publisher: Daugavpils University, Institute of Humanities and Social Sciences
• Journal: Sociālo Zinātņu Vēstnesis
• Year: 2020
• Issue: 1
• Pages: 78-90

Contributors

author

Sorochenko Anton

Identifiers

ISSN

1691-1881