IMPROVEMENT OF LEGISLATION ON CONCESSION ACTIVITIES IN UKRAINE

Abstract

Problem setting. Article is devoted: the Legal
providing of state-private partnership and problem
of his popularization. The is dedicated to complex
analysis and research of legal regulation of
agreement relations. Concept and features of
agreement relations are described herein. Much
attention is given to the legal status of the above
relations members. We analyzed problems
concerning the formation of agreements on the
unification of partners and on means to secure the
conditions for the realization of their respective
economic rights and interests
Analysis of resent researches and publications.
The following scientists were engaged in research of
the specified question: Znamensky G.L., Vinnbk
O.М., Shapovalova O. V., Zadykhaylo D. D., Simson
O. E., Shlykov D. V, Syrotyuk O.D., Makarenko A. V.
and others.
Article’s main body. The fact that the Law of
Ukraine «On Concessions» (1999) and the Law of
Ukraine «On Concessions for Construction and
Operation of Highways» (2000) has been commented
upon. The analysis of scientific researches and
comments of the new law on regulation of concession
activity is carried out. In particular, the provisions
on the activity of the concessionaire and on the
concession contracts. The author 's position on
economic and civil and legal regulation of relations
arising on the basis of the concession agreement is
substantiated.
Advantages of completeness of legal regulation
of control and monitoring of concession contracts
fulfillment under the new legislation in comparison
with the regulations of legal influence under the
previous legislation were revealed.
The disadvantages of the proposed contractual
mechanism of concession activity are revealed. The
potential of the new concession law of Ukraine to
reflect the whole multifaceted nature of concession
and contractual relations has been recognized as
sufficient
General characteristics of economic and legal
regulations mechanism of PPP relations in Ukraine
are provided. Particularities of realization of
organizational commecial state authorities
represented by its bodies regarding are analyzed.
Content of concession agreement, peculiarities of its conclusion, modification and termination, including nresponsibility for its violation, are analyzed in the thesis.
Key words: concession, control, monitoring, implementation of concession contracts, new concession laws, public-private partnership, economic and legal regulation, civil law regulation.