PUBLIC-PRIVATE PARTNERSHIP AS A FORM OF INTERNATIONAL COOPERATION: PROSPECTS FOR UKRAINE

Abstract

The article is devoted to the problem of finding the most effective legal mechanisms for investing in the post-war reconstruction of Ukraine, which can ensure the accumulation of the necessary grandiose (according to international institutions’ estimates of the cost of reconstruction) funds, which Ukraine is unable to provide on its own due to the colossal losses from the war, the daily need to finance the army, current affairs, the restoration of critical infrastructure after enemy attacks on it, etc. Hopes for donor assistance from friendly states and international institutions, to which Ukraine is grateful, are decreasing due to the increasing needs of these countries to strengthen national security in the face of growing threats from states with aggressive intentions, the difficult international economic situation caused by military actions against Iran, and the change in the position of a number of states regarding financial support for Ukraine. Accordingly, there is a need to attract funds from large investors (primarily foreign states, international institutions) on terms that are beneficial to them, which ensures the status of an investor-partner. Analysis of Ukrainian investment legislation shows that, despite the possibility of attracting foreign states as investors in accordance with the Law of Ukraine "On Investment Activity", the Law of Ukraine "On Public-Private Partnership" does not provide for granting the status of public partner to friendly states with which relevant agreements have been concluded. At the same time, ensuring the European integration direction of domestic legislation provides for the use of EU experience, including Regulation 2021/2085 of November 19, 2021, according to which EU Member States (as public partners) and representatives of private business (as private partners) participate in public-private partnerships (PPPs) of pan-European (EU) significance with the mediation of such a PPP in the form of a joint venture of partners, which is entrusted with the implementation of partnership projects. Given the urgent need to attract funds from friendly states as investor partners in the post-war reconstruction of Ukraine, the expediency of disseminating Ukrainian experience gained during the war (regarding the country’s defense, including the improvement of weapons, the restoration of critical infrastructure after enemy attacks on it, the treatment and rehabilitation of the wounded, resilience in resisting the enemy and at the same time ensuring the country’s vital activity in critical conditions of war for it), the aforementioned EU experience is worth using in Ukraine by making appropriate amendments to the Law "On Public-Private Partnership". This is required by the existing practice of establishing partnership relations under international agreements, one of which is the Agreement on the Establishment of the American-Ukrainian Investment Fund for Reconstruction concluded last year.