FORMS OF STATE PARTICIPATION IN THE ECONOMIC ACTIVITY IN THE FIELD OF TRANSPORT: CURRENT AND PERSPECTIVE LEGISLATIVE REGULATION

Abstract

The article highlights the main legal forms of state participation in economic activities in the field of transport, as well as characterizes current and prospective directions for developing relevant legislation. It is noted that according to the current legislation, a number of state-owned enterprises in the field of transport, including railways, seaports, etc., are classified as stateowned objects of strategic importance for the economy and security. Such property is not subject to privatization and alienation. However, in the perspective legislation, e.g. the draft Law “On the peculiarities of regulating the business activities of certain types of legal entities and their associations during transition period” (Reg. № 6013 of 09.09.2021), the significant modifications concerning the forms of economic activity, in particular in the field of transport, are proposed. Such proposals prescribe a ban for creating the legal entities as state-owned enterprises; modification of existing state-owned enterprises into companies; introduction of new structures for transferring state property; supplementing current legislation with the structure of the state property management agreement; approving the standard terms of such an agreement by the Cabinet of Ministers of Ukraine. The study found that due to the special economic importance of strategic transport infrastructure for public interests and public functions some peculiarities in legislation should be taken into account. In particular, modifications in ownership of the state property, as well as narrowing the proprietary rights and existing entrepreneurial organizational and legal forms poses a risk to state interests due to political instability and socio-economic crisis, may threaten the economic sovereignty of the country. The objects of strategic transport infrastructure, which should be left as objects of state property with limited economic turnover, need to be enshrined in law as those that are not subject to privatization.