scholarly journals Development of normative-legislative provision of state-banking partnership in Ukraine

2020 ◽  
Vol 2 ◽  
pp. 4-7
Author(s):  
Marvan Muzher ◽  
Hussein Muzher

The analysis of the legal framework for regulating the development of public-private (state-banking) partnership in Ukraine is carried out. Attention is drawn to the fact that the problem of inconsistency of the relevant laws and regulations on the regulation of public-private partnership, which often contain different rules on the same issues in this field, and the mechanism of implementation of such projects, is quite problematic and of the highest priority for state regulation. is not unambiguous and unified. The priority plan of changes is outlined, which takes the following form: amending the legislation on public-private partnership for the purpose of its uniform application and interpretation; introduction of a unified procedure for all types of state-bank partnership agreements; development of an authorized state body responsible for the development of state-banking partnership in Ukraine; strengthening the functions of local self-government bodies in the sphere of state-banking partnership; a clear division of functions between the relevant public authorities regarding the implementation of state-bank partnership projects; introduction of a single model contract of public-private partnership.

2021 ◽  
Vol 12 (2) ◽  
pp. 242
Author(s):  
Aliya Zyalilevna Minnibaeva ◽  
Irina Yurievna Vaslavskaya ◽  
Irina Alexandrovna Koshkina ◽  
Artur Faridovich Ziyatdinov

Development of the Russian economy causes the growth of public requirements and structural changes connected with it directed to an increase in the efficiency of social and economic tasks solution. Need of partnership of the state and private business development for the solution of problems in the social and economic sphere predetermines by the insufficiency of opportunities of the public (budgetary) financing of investment projects, large-scale and significant for society. The public-private partnership (PPP) acts as one of the modern economic mechanisms allowing realizing the interaction of the state and business. The PPP, on the one side, represents a special form of influence of state authorities and management for the purpose of stimulation of business activity, and with another, acts as the economic mechanism of the solution of social and economic tasks. The article is devoted to the consideration of the public-private partnership mechanism as one of the most modern methods of economic activity state regulation which basis the basic coordination principle of the parties interests and allowing to combine interests and technologies of business. Need and the prospects of further development of mechanisms of state-private partnership on the basis of the state strategic planning are proved. Special attention is paid to the interrelation of development of public-private partnership and need of theoretical scientific research in the field of improvement of institutional, ensuring its realization. It is shown that the role of the mechanism of public-private partnership in the economy is defined, first of all, by its elements as subjects and objects of public-private partnership, priority spheres of realization. Authors allocate and describe a number of aspects of the mechanism of functioning of public-private partnership, namely: organizational and legal, financial and investment, technical and organizational, regional. In the article, the main problems connected with the development of the mechanism of PPP, including with lack of the description of concrete mechanisms of use of the majority of forms of PPP and lack of regulation of questions of division of powers between public authorities and business are allocated and proved.


Author(s):  
Lyudmyla Viacheslavivna Seroklyn ◽  

Abstract. The practicalimplementation of the partnership will allow to resolve issues related to the support of public-private partnership (PPP), creating conditions for its development, attracting and effective use of investments, forming a positive investment image of Ukraineand accelerating integration into the world economic system. At the same time, the nature of the partnership determines the emergence of many specific tasks, the emergence of new forms of interaction and new mechanisms of state regulation of partnerships,among which the concession becomes increasingly important.The question of the essence of the partnership between business and government is an important part of research, which is mostly disclosed by public-private partnership, mechanisms for its implementation, forms and types of implementation, in particular the feasibility of concession relations.The issues of partnership between private business and state institutions are revealed in the works of a large number of modern researchers. In particular, the essence and purpose of partnership, features of public-private partnership are identified in the works of Pavlyuk K., Varnavsky V., Klimenko A. The main motives and reasons for accelerating cooperation between government and business given the limited budget and the need to expand investment activities revealed in the works of Vdovenko Yu., Grishchenko S., Nadolishny P., Neykova I. and others. Effective economic development, in terms of transformation of social processes involves in-depth study of state regulation of partnerships in Ukraine in terms of generalization of experience in the implementation of public-private partnership between government and private sectors, and necessitates further development in this area. The purpose of the article is to deepen the study of the formation of organizational and economic conditions for the intensification of concession activities in the economy of Ukraine, which gives the authorities the right to solve important problems, while reducing the cost of maintaining assets.The main forms of practical implementation of the partnership and features of the concession as a form of public-private partnership by public authorities are considered. The article presents practical achievements of experience in implementing partnerships in Ukraine in the main areas of application. Proposals for improving the regulation of partnership for the development of the national economy of Ukraine have been developed.


Author(s):  
N.M. Edrenkina ◽  
◽  
A.E. Lisitsin ◽  

The tendencies of state regulation of the labor potential of rural territories are revealed, which prove the lack of effective mechanisms of its reproduction. Mechanisms to increase the efficiency of state regulation of the labor potential on rural areas, aimed primarily at creating jobs and the number of people employed in the segment of small and medium-sized business are proposed. Thanks to public-private partnership in this area, it is possible to reduce budget expenditures on the development of social infrastructure.


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.


2021 ◽  
Vol 2 (48) ◽  
pp. 17-22
Author(s):  
V. Y. Dankevych ◽  
◽  
O. V. Zakharina ◽  
Y. V. Zolotnytska ◽  
◽  
...  

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.


2011 ◽  
Vol 15 (3) ◽  
pp. 257-274 ◽  
Author(s):  
Ieva Meidutė ◽  
Narimantas Kazimieras Paliulis

Public-private partnership may cover various forms of partnership, viz. as the property of the private sector in the state of municipal activities or information and consultations between the public and private sectors, also as an unconventional method of public procurement when the public and private sectors enter into a long-term contract on the establishment of public infrastructure or the provision of public services. The most important thing in implementing PPP projects is to properly draw up the contract between the public and private partners, which should explicitly state all terms and conditions, undertakings and liabilities, evaluate risks, determine the payment mechanism and dispute settlement procedure, etc. In order to reduce any risk associated with such projects, a proper legal framework should be developed, which would provide liabilities and undertakings of both parties of the project (the private and public sectors), and more information should be disbursed as to how such projects are being implemented, what the structures of financing are, and what the benefit of such projects is. Santrauka Viešojo ir privačiojo sektorių partnerystė gali apimti įvairias partnerystės formas: kaip privačiojo sektoriaus nuosavybė valstybės ar savivaldybių veikloje ar informavimas ir konsultavimas tarp viešojo ir privačiojo sektorių, taip pat kaip netradicinis viešujų pirkimų būdas, kai sudaroma ilgalaikė sutartis tarp viešojo ir privačiojo sektorių dėl viešosios infrastruktūros sukūrimo ar viešųjų paslaugų teikimo. Vykdant VPP projektus būtina tinkamai parengti sutartį tarp viešojo ir privataus partnerio, kurioje turi būti vienareikšmiškai apibrėžtos visos sąlygos, įsipareigojimai, atsakomybė, įvertintos rizikos, atsiskaitymo mechanizmas, konfliktų sprendimo tvarka ir t. t. Siekiant sumažinti bet kokią su tokiais projektais susijusią riziką, reikia suformuoti tinkamą teisinę bazę, kuri numatytų abiejų projekto šalių - tiek privačiojo, tiek valstybinio sektoriaus - atsakomybes ir įsipareigojimus, bei teikti daugiau informacijos, kaip tokie projektai vykdomi, kokios finansavimo struktūros, kokia gaunama nauda.


Author(s):  
B. Shuliuk

Abstract. An integral condition for the effective functioning of the economic system of the state is the constructive interaction of the state and business in order to solve common financial, economic and social problems. At the same time, an important task of the state is to create conditions for the development of corporate financing of public-private partnership. Given the importance of private financing of public-private partnership projects, the purpose of the study is to determine the activity of such investments in certain areas of social or economic infrastructure in domestic and foreign practice, as well as to investigate the financial capacity of business entities due to high capital projects, a long period of their implementation. The relevance of the study is to identify existing problems and risks that arise in the process of corporate financing of public-private partnership projects. Systematization of literature sources and approaches to solving the problem of corporate financing of public-private partnership indicates the need for further research in this area to improve the implementation of forms of partnership between government and business with the establishment of guarantees to private partners on risks associated with exchange rates, lending, parity liability of partnership participants for breach of contractual obligations. The research findings can be useful for public authorities, which should encourage private partner participation in long-term projects. However, such support should be provided in order to implement the most necessary public-private partnership projects to significantly improve the living conditions of the population in a given region, as such projects are unprofitable in the case of purely commercial funding. The research may be of interest to business entities that are potential investors in public-private partnership projects. Keywords: public-private partnership, corporate financing, projects, forms and models of partnership relations, economic risks. JEL Classification G32, G38, H54 Formulas: 0; fig.: 3; tabl.: 0; bibl.: 12.


2020 ◽  
pp. 6-10
Author(s):  
Bohdana SHULIUK

Introduction. To ensure the proper functioning of the financial mechanism of public-private partnership, it is necessary to create an organizational and institutional environment. Without it, it is impossible to determine the most important vectors of development of this mechanism, as well as the benchmarks by which the formation and selection of the most effective economic and social institutions. The purpose of the paper is to study the organizational and institutional aspects of the development of the financial mechanism of public-private partnership, to identify the main problems, as well as to justify measures to address them. Results. The structure of the organizational and institutional environment of the financial mechanism of public-private partnership in Ukraine is outlined, which consists of: organizational and managerial, financial, scientific-expert and public environment. The first includes public authorities and local governments that form state and local policies in the field of public-private partnership, as well as monitor its implementation. The second includes financial institutions that facilitate the financing of investment projects that are not attractive enough for private business in terms of profitability and risk. The third includes research institutions, expert and consulting organizations, the purpose of which is to provide information and consulting services. The fourth includes civil society institutions, which should participate in the formation of the components of the financial mechanism of public-private partnership, as well as control the process of its functioning and the achievement of planned tasks by partners. It is argued that the development of the institutional environment of the financial mechanism of public-private partnership needs state support. Conclusion. It is substantiated that the effectiveness of the financial mechanism of public-private partnership depends on the organizational and institutional environment, which clearly regulates the rights, responsibilities, sequence of actions reflected in coordinated legislation and allows to take into account the specific regional or sectoral characteristics of the country.


Author(s):  
T. S. Cheremnaya

Abstract: In the article the questions of application of public-private partnership (PPP) for the implementation of projects in infrastructure in the BRICS countries (BRICS). The analysis is carried out on the basis of a comparison of the legal framework in the field of public-private partnership and concession legislation, as well as the experience gained in the implementation of projects. Using data from open sources, materials of the meetings of the authorities and business on the issues of implementation of publicprivate partnerships, statements of responsible persons developed a comparative table that identified and summarized trends in the development of public-private partnership in the BRICS countries. Examines global trends in the sphere of use of PPP mechanisms in the five countries, as well as key sectors in which PPP projects. Identified current problems in the implementation of projects in the preparatory phase and in case of change of technical and financial parameters of the project. The practical significance of the results of this study is the feasibility of extending public-private partnership in the implementation of joint projects in the BRICS countries. The results of the study can be used in the formation of the General strategy of development of infrastructure of BRICS countries on how in-country and inter-state levels.


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