PPP as an instrument of effective cooperation between
government and private partners in the
sphere of infrastructure
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REALIZATION OF PUBLICPRIVATE PARTNERSHIP PROJECTS IN UKRAINE
1. REALIZATION OF PUBLIC-
PRIVATE PARTNERSHIP
PROJECTS IN UKRAINE
PPP as an instrument of effective cooperation be-
tween government and private partners in the
sphere of infrastructure
Kyiv, November 2017
8. 8
1
Part 2 of the Art. 7 Law of Ukraine on Public-Private Partnership of July 1, 2010 No. 2404-VI.
2 Objects of state-owned/municipal property right, that have existed by the moment of conclusion of PPP contract and been transferred
to the private partner, are to be returned to public partner after the contract termination
9. 9
3 Such objects are to be transferred from private partner to public partner in order and terms defined by contract, concluded in terms of
PPP. After the transfer of the property right on such objects to public partner private partner has a suppressive right on use of property
to fulfill obligations in terms defined by the contract, concluded in terms of PPP, until the termination of such a contract.
4
In accordance with Part 1 of Art. 543 of the Civil Code of Ukraine, in the case of a joint debtor (joint payers)
obligation, the creditor has the right to demand fulfillment of the obligation, partly or in full, both from all
debtors together and from any of them separately.
10. 10
5
According to Part 2 of Art. 619 of the Civil Code of Ukraine, if the principal debtor has refused to satisfy the
creditor's claim or the creditor has not received from him within a reasonable time the answer to the
demanded claim, the creditor may claim in full to the person who is bearing subsidiary responsibility.
6
Part 1 of Article 1 5 Law on Public-Private Partnership of July 1, 2010 No. 2404-VI.
11. 11
7
Part 1 of Article 5 Law on Public-Private Partnership of July 1, 2010 No. 2404-VI.
14. 14
8 Excluding the Autonomous Republic of Crimea and the city of Sevastopol. According to Donetsk oblast state administration, by the end
of 2014.
9 Reference on the results of the PPP (2016). - Electronic resource, - [Access mode]: http: //www.me.gov.ua/Documents/Detail? lang =
uk-UA & id = ed00a2ba-480a-4979-84eb-d610a0827a8c & title = ZagalniiOgliad
15. 15
111
159 171 177 186
43%
8% 4% 5%
2012 2013 2014 2015 2016
Dynamics of the growth of the number of projects
implemented in terms of the PPP (2012-2016)
Number of projects implementing in terms of PPP Growth Percentage
17. 17
Areas of concession projects realization 2016
waste management
collection, purification and distribution of water
construction and / or operation of motorways, roads, railways,
takeoffrunwaysataerodromes,bridges,railways,tunnelsand
subways, sea and river ports and their infrastructure
production, transportation and supply of heat
production, distribution and supply of electric energy
real estate management
search, exploration and extraction of mineral deposits
tourism,recreation,cultureandsports
others
20. 20
10
Item 3 of the Regulation on the Ministry of Economic Development and Trade of Ukraine, approved by the
Resolution of the Cabinet of Ministers of Ukraine dated August 20, 2014 No. 459.
11
P.4 Regulations on the Ministry of Economic Development and Trade of Ukraine, approved by the
Resolution of the Cabinet of Ministers of Ukraine dated August 20, 2014 No. 459.