PUBLIC INTEREST IN THE CONTRACTUAL MECHANISMS FOR THE RECONSTRUCTION OF UKRAINE

Abstract

The article provides a theoretical and legal analysis of the role of public interest in the contractual mechanisms for Ukraine’s reconstruction. It is established that reconstruction is implemented primarily through private-law contractual arrangements, including concession agreements, public-private partnerships, construction contracts, and agreements on the provision of international assistance. At the same time, these arrangements operate under the determining influence of public interest, which affects their legal nature. The academic problem lies in the fact that neither civil-law nor administrative-law doctrine has developed a comprehensive theoretical explanation of how public interest is incorporated into the content, performance, and legal protection of reconstruction contracts. It is substantiated that public interest in reconstruction contracts is not merely an external limitation on private autonomy but a system-forming element that determines their subject matter, permissible content, and standard of proper performance. The methodological framework of the study comprises the systemic-structural, comparative legal, and functional methods. The systemic-structural method was used to identify the types of contracts employed in reconstruction and to establish the relationship between their privatelaw and public-law components. The comparative legal method made it possible to compare national approaches to the regulation of such contracts with the requirements of the European Union and international financial institutions. The functional method was applied to determine the role of public interest in defining the purpose, content, performance procedures, and expected outcomes of reconstruction contracts. The theoretical significance of the study lies in further developing the doctrine of public interest in relation to specific contractual relations and establishing a theoretical basis for regulating reconstruction contracts as a distinct type of legal arrangement. The practical significance of the study lies in providing guidance for legal practice in the conclusion and performance of reconstruction contracts.