LEGISLATIVE PROVISION OF PRACTICAL IMPLEMENTATION OF CONCESSION RELATIONS IN UKRAINE

The article analyzes the legislative support for the implementation of the concession in the development of the national economy. Emphasis is placed on the importance of deepening the understanding of the essence of the concession. It is emphasized that the problem of investing in the restoration and development of most industries, housing and communal services, infrastructure, the communal sector of the economy, and mining is exacerbated for the national economy. It is due to the intensification of interaction between private business and the state on the basis of the contractual mechanism of the concession that it is possible to implement a system of measures to stimulate effective cooperation between the state and business. The basic normative-legal bases of regulation of concession activity are defined. The main content of the Law of Ukraine on Concessions is analyzed in order to identify the main positive changes in its practical use. The main directions of positive changes in the legislative regulation of concession activities are highlighted. Among the main positive aspects that affect the intensification of concession activities in the country are: changing the view of the concession, the separation of public-private partnership and concession, the formation of requirements for concessionaire status, determining the procedure and procedure for concession, requirements for state support of concession projects. It is emphasized that there are some omissions in the legislative support of the concession. The analysis of the legislative support of concession activities allows us to emphasize the significant potential of this form of PPP to attract private capital in the development of state and municipal property. In addition, the legal requirements for the practical use of the concession indicate sufficient potential for the development of concession activities in Ukraine and the availability of appropriate legal support to maximize the benefits of concession projects. Options for their settlement are proposed to prevent abuse by partners in the implementation of the concession agreement.

Concession as a Form of Implementation of Public-Private Partnership Projects in Ukraine and World-Wide

The article is aimed at examining the peculiarities of implementation of public-private partnership concession projects in various sectors of the economy in both Ukraine and the world. The main approaches to understanding the essence of the concept of «concession» are considered and its characteristic features are defined. The procedure of operation of the concession mechanism is disclosed. Risks of public-private partnership participants in the process of implementation of concession projects in Ukraine are determined. The need to provide the State support to stimulate the participation of a private partner in long-term projects is substantiated. It is specified that 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 particular region. It is determined that, unlike Ukraine, the concession mechanism is actively used in various sectors of the world economy, in particular, successfully implemented projects in the transport sector (roads, railways, ports, airports, pipeline transport), housing and communal services (water supply, water purification, electricity supply). At that, the transport industry dominates, while heat supply and waste treatment are the least popular. Prospects for further research in this direction are the search for ways to improve the domestic concession mechanism in the process of implementing public-private partnership projects, taking into account the best achievements of world experience. This will allow to attract financial resources of business in various forms of cooperation in terms of public-private partnerships, and, consequently, to improve the quality of services provided to the population.

SOME ISSUES OF APPLICATION OF THE MECHANISM CONCESSIONS IN THE PORT INDUSTRY: A MODERN VIEW

The article examines the features of the application of the concession mechanism for seaports in modern conditions. Within the framework of the consideration of the issue, the sequence of the adoption of regulatory legal acts was established, with the help of which, ultimately, it became possible to use the concession of seaports. It has been established that the legal basis governing the application of the concession mechanism in the port industry is: the Law of Ukraine «On Public-Private Partnership», the Law of Ukraine «About Concession», the Economic Code of Ukraine, the Civil Code of Ukraine, the Law of Ukraine «On Natural Monopolies» and others. The characteristic features of seaports as objects of concession have been determined. The place of concession projects among the ways to improve the investment climate in the port industry is considered. The advantages and disadvantages of concession projects have been studied, the problematic points of their implementation have been identified. In addition, the value of the term of the concession agreement was established. The concession tender and competitive dialogue as a possible way to select a concessionaire were investigated by the method of comparison. The problematic aspects of transformation of lease relations in seaports into concession ones are considered. This is especially important since most of the port infrastructure facilities are leased. The necessity of using the concession mechanism in seaports has been established precisely within the framework of public-private partnership. The priority value of the concession among other types of public-private partnership is indicated. It was concluded that the concession is an effective mechanism for increasing investment income and developing the port industry. Along with this, the focus is on the need to find alternative ways of developing the port industry.