scholarly journals State private partnership as a public policy tool under decentralization of power in Ukraine

2020 ◽  
Vol 8 (6) ◽  
pp. 192-203
Author(s):  
Тetiana Sokolska ◽  
Viktoriia Panasiuk ◽  
Svitlana Polishchuk ◽  
Bohdan Osypenko
Keyword(s):  
Public Policy ◽  
Institutional Support ◽  
Legal Regulation ◽  
Economic Benefits ◽  
Policy Formation ◽  
The State ◽  
Sustainable Rural Development ◽  
Public Authorities ◽  
Public And Private ◽  
Private Partnership

The article considers the issue of public policy formation in terms of state private partnership development as the most efficient form of interaction between public authorities, private business and science implemented on the principles of equality.The study defines the essence of the concept of ‘state private partnership (SPP), its purpose, forms, areas of implementation and characteristics from the standpoint of institutional theory and identifies the benefits of state private partnership. The partnership comprises the possibility of attracting additional financial resources that can be used for community development, the possibility to restore infrastructure, to receive quality services and socio-economic benefits and additional jobs; business and the state share the risks.The study investigates the state of public and private partnership realization in Ukraine and the leading countries and defines risks for public authorities and the private investor as well as factors constraining this process in Ukraine. These include imperfect regulatory and institutional support, lack of political will; lack of standard, simple and transparent tender procedures for SPP projects and defined priority areas for their implementation, unstable legislation on attracting foreign direct investment.The study examines the current state of legal regulation state private partnership in Ukraine and justifies the need to improve the institutional support of this process in terms of forming public policy to involve regional higher education institutions into examination of innovative projects and the staff training.The expediency of introduction of state private partnership relations as a form of cooperation between public administration bodies and private economic entities for the purpose of sustainable rural development in the conditions of decentralization of power is substantiated. In order to ensure the effective implementation of state private partnership projects, public authorities should pay attention to creating a number of mandatory general prerequisites and ensure a proper examination of documents provided by potential private partners to make sure they show the real situation through involving scientists in this process.

scholarly journals Legal Basis of State Support for Creating Innovative Medicinal Products

2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev
Keyword(s):  
Pharmaceutical Industry ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Medicinal Products ◽  
State Support ◽  
Public And Private ◽  
Development Fund ◽  
Private Partnership ◽  
The Creation

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.

scholarly journals Foreign and National Experience of Implementation of Infrastructural Projects and Territorial Development Programs

2021 ◽  
pp. 37-46
Author(s):  
Olga Patrakeeva ◽  
Keyword(s):  
Large Scale ◽  
Low Cost ◽  
Economic Benefits ◽  
The State ◽  
Social Consequences ◽  
Strategic Decision ◽  
Infrastructure Projects ◽  
Territorial Development ◽  
Public And Private ◽  
Private Partnership

Infrastructural investment differs significantly from the forecasted indicators because of global demand. The politicization and overregulation of global infrastructure market negatively affects its growth. The effectiveness of state programs depends on quality of the institutional environment. The paper analyses approaches to the implementation of national programs in China, USA, Great Britain, and Germany. China’s high economic growth rate is due not only to low cost of labor, but also to the fact of joining the World Trade Organization and large-scale infrastructure investments. Successful experience of infrastructural programs’ implementation in the UK is mostly due to the fact that the selection of projects is based on their social and economic significance and is made in accordance with the goals of public policy. Public and private partnership (PPP) is a popular mechanism for infrastructure projects’ financing. However, there are cases of inefficient public and private partnership (PPP) projects. Risks of a private partner may not correspond to the level of required profitability even under conditions of strategic decision making when project is supported by the state. Infrastructural bonds are an effective tool for public and private partnership (PPP) in conditions of a shortage of credit resources for the construction of expensive infrastructural facilities. Risks associated with project implementation can be reduced thank to management quality. Public control encourages the state to evaluate large infrastructural projects in terms of economic benefits and potential environmental, and social consequences. The issues of infrastructural development are relevant for Russian regions. The gap between demand and actual investment is 1.63% of GDP. National infrastructure projects should be implemented in accordance with goals and objectives of strategies of social and economic development.

Use of the public-and-private partnership agreements in the conditions of imperfection of legal regulations in the Russian Federation

2021 ◽  
pp. 55-62
Author(s):  
I. S. Polyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Legal Regulations ◽  
Infrastructure Projects ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Investments ◽  
The Russian Federation

The objective of this research is to consider some controversial issues of the development of public-and-private partnership (and concession agreements as its most common form) in Russia. Some complaints made by Federal Antimonopoly Service of the Russian Federation to some infrastructure projects are reviewed. The author studied dynamics of private investments into infrastructure projects in the conditions of imperfect legal regulation. The assessment of the validity of the position of Federal Antimonopoly Service is given. It is predicted whether the legislative collisions will prevent the growth of private investments into infrastructure. Recommendations on the development of the mechanism of public-and-private partnership with the observance of antimonopoly regulation, as well as recommendation on the improvement of the legislation in this area are developed. The results of the research can be used by both private participants of public-and-private partnership and the federal, regional and municipal authorities, and also by legislators working on the improvement of the legislative regulation in this area.

LEGAL REGULATION DELEGATION OF AUTHORITY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT IN UKRAINE

2018 ◽  
Author(s):  
Viktoriia Davydova ◽  
Keyword(s):  
Organizational Support ◽  
Central Place ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Public Authorities ◽  
Financial Autonomy ◽  
Socialist State ◽  
Delegation Of Authority ◽  
Delegation Of Powers

Delegation of authority itself, as an element of the system of relations in the sphere of local self-government, is one of the most difficult, since the completeness of the competences of local self-government bodies and their resource provision occupy a central place in the scientific discourse on this issue. The legal and organizational support of delegation is also unstable today from the point of view of the completeness of the mechanisms of administrative and legal regulation of this direction of the implementation of the right to self- government by communities. In the context of the administrative reform, the consolidation of administrative-territorial units, the stimulation of the creation of united territorial communities, the question of finding the most optimal model for organizing delegation, as a process of redistribution of powers, acquires particular relevance and importance. The aim of the research is to study the formation of legal regulation of delegation of powers in the system of local self- government in Ukraine. The article defines the content of legal regulation, which is characterized by such elements as form, subject and methods. Review that the forms of legal regulation are normative legal acts adopted according to the procedures by authorized public authorities, the subject of regulation of which is the process of delegation of powers in the local self-government system. The author revealed that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self- government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature. It has been substantiated that the adoption of the Law of Ukraine dated May 21, 1997 No. 280/97-ВР "On local self-government in Ukraine" became a decisive step towards creating a system of local self-government in Ukraine, effective organizational and legal support for the delegation of powers in the local self- government system. By means of retrospective analysis, it was determined that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self-government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature.

ANALYSIS OF THE STATE AND PROBLEMS OF PUBLIC-PRIVATE PARTNERSHIP DEVELOPMENT IN THE REGION

2021 ◽  
Vol 3 (9) ◽  
pp. 87-94
Author(s):  
S. V. NEZHDAI ◽  
◽  
A. Yu. LUKYANOVA ◽  
I. S. GRUZINOVA ◽  
A. A. PROSTYAKOV ◽  
...  
Keyword(s):  
Economic Development ◽  
Public Private Partnership ◽  
The State ◽  
Private Business ◽  
Public Authorities ◽  
Private Partnership ◽  
Federal Level ◽  
Partnership Development ◽  
The Social ◽  
Social And Economic Development

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.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals MACROECONOMIC ASPECTS OF PUBLIC-PRIVATE PARTNERSHIP

TEME ◽  
2021 ◽  
pp. 367
Author(s):  
Aleksandar Đorđević ◽  
Biljana Rakić
Keyword(s):  
National Economy ◽  
Risk Sharing ◽  
Economic Benefits ◽  
Public Private Partnership ◽  
Potential Contribution ◽  
Public And Private ◽  
Private Partnership ◽  
Macroeconomic Impacts ◽  
Financing Infrastructure ◽  
Benefits And Costs

Public-private partnership (PPP) has been getting momentum in market economies since the 1990s. Originally, it was created as a way of financing infrastructure projects, but its application since then has covered areas such as education, healthcare, high technology and many others. As the bulk of research in the domain of PPP is on the microeconomic impact and the analysis of the success of concrete PPP projects, the aim of this paper is to integrate these findings into a broader framework depicting macroeconomic aspects of public-private partnership. The existing literature, although not as extensive, points to several aspects that may affect economic development on the local, regional, and national levels, with greater adoption of PPP projects and their implementation. The paper introduces explanations for the elements of risk sharing between public and private partners, economic benefits, and costs in PPP, as well as the specific PPP channels of influence on the national economy and the PPP system dynamic model. One of the objectives is the analysis of the existing concept for estimating macroeconomic impacts of PPP, which could be used for evaluating its potential contribution to the growth and development of the national economy. 

scholarly journals Institutional Support for the Development of Public-Private Partnership in the Public Governance System

2021 ◽  
Vol 2 (48) ◽  
pp. 17-22
Author(s):  
V. Y. Dankevych ◽  
◽  
O. V. Zakharina ◽  
Y. V. Zolotnytska ◽  
◽  
...  
Keyword(s):  
Institutional Environment ◽  
Institutional Support ◽  
Public Private Partnership ◽  
Capital Investments ◽  
Governance System ◽  
Economic Management ◽  
Public Governance ◽  
Public Authorities ◽  
Strategic Development ◽  
Private Partnership

Theoretic aspects of the formation and development of public-private partnership (PPP) are studied. By using a systemic approach, it is determined that the most important factor in improving the efficiency of public-private partnership is its institutional support. It is substantiated that globally, the PPP is mostly initiated by public authorities, which can be explained by a number of reasons. Firstly, public authorities are responsible for the country's strategic development. Secondly, public authorities formulate "rules of the game" for businesses and individuals, plan capital investments, and select PPP entities that are a priority in terms of public interest. In fact, it is the state that undertakes to address objectives facing society. Therefore, nowadays the importance of creating a favorable institutional environment to develop PPPs is recognized at all the levels of economic management and is emphasized in the scientific community. It is proved that the interests of public authorities, private businesses and the community are reconciled through the complementation of political, legal, and socio-economic norms and rules of conduct. The functions of public authorities at the national and regional levels of government are systematized.

scholarly journals RELAÇÃO PÚBLICO-PRIVADO NA EDUCAÇÃO BÁSICA: a democratização da educação?

2017 ◽  
Author(s):  
Vera Maria Vidal Peroni
Keyword(s):  
Public Education ◽  
Educational Policy ◽  
Public Private Partnership ◽  
The State ◽  
Social Rights ◽  
Public And Private ◽  
Private Partnership ◽  
Role Of The State ◽  
Brazilian Case

O artigo trata das redefinições no papel do Estado, que reorganizam as fronteiras entre o público e privado e materializam-se das mais diferentes formas na educação básica pública, e suas implicações para o processo de democratização da educação. No caso brasileiro, muito lutamos no período de abertura política pela democratização com direitos sociais materializados em políticas. Mas, ao mesmo tempo em que avançamos nos direitos conquistados, também foi naturalizado que o Estado não seria mais o principal executor.Palavras-chave: parceria público-privada em educação; política educacional; democratização da educação.The article deals with the redefinitions of the role of the state, which reorganize the boundaries between public and private that materialize in many different forms in basic public education, and their implications for the process of democratization of education. In the Brazilian case, we have struggled so hard since the so-called ‘opening period’ of political democratization with social rights materialized in public policies. However, while we have advanced in the conquered rights, at the same time the idea of the State as the main provider no longer prevails.Keywords: public-private partnership in education; educational policy; democratization of education

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

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