2. Index:
INTRODUCTION
PART І LEGISLATIVE REGULATION OF PUBLIC-
PRIVATE PARTNERSHIP IN UKRAINE
Chapter 1. PUBLIC-PRIVATE PARTNERSHIP IN UKRAINE
1. General characteristic
2. Single PPP forms
2.1. Concession
2.2. Product distribution agreement (PDA)
2.3. Joint activity
3. Financing
4. PPP and legislation on investment activity
Chapter 2. CONCESSION IN UKRAINE
1. Ukrainian legislation on concession
2. Legislation of Ukraine on concession for motor road con-
struction and/or operation
PART ІІ PUBLIC-PRIVATE PARTNERSHIP
IN SINGLE AREAS
Chapter 1. PUBLIC-PRIVATE PARTNERSHIP BY PROVISION
OF PUBLIC UTILITY SERVICES
Chapter 2. PUBLIC-PRIVATE PARTNERSHIP IN SINGLE ECONOMY
BRANCHES OF UKRAINE
PART III GOVERNMENT PROCUREMENT
IN UKRAINE
PART IV PRIVATIZATION IN UKRAINE
APPENDICES
Appendix 1. Law of Ukraine «On State-Private Partnership»
Appendix 2. Law of Ukraine «On Concessions»
Appendix 3. Law of Ukraine «On Concessions for Construction
and Operation of Motor Roads»
Appendix 4. Law of Ukraine «On Amendments to the Law of Ukraine
On Concessions for Construction and Operation of Motor
Roads and Some Other Laws»
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3. The current revised second edition of our PPP-Guide appeared primarily due to the fact that
the Law Nr. 2404-VI «On State-Private Partnership» (PPP Law) entered into force on 1 July
2010 after years of debating and preliminary work. Opinions are divided as to the very title
thereof, the word «public» being substituted by the word «state» which presumably leaves
municipal corporations on the outside. On the whole, the law itself does not make an im-
pression of having been given birth with an all-out effort. Despite our tips to the parliament
working group, there are still technical mistakes in the final version.
The PPP Law does not automatically solve all problems and meet all expectations con-
cerning the performance of public tasks by the private sector, of which we warned well
in advance. Such false hopes are nonetheless widespread. However, the potential for such
partnerships is still enormous, first and foremost in the field of municipal services. Now
the decision-makers must finally realize the need to improve the framework conditions for
investments in general. Laws alone will not inspire confidence. This kind of confidence is
still to be gained by Ukraine. Anyway, if only for lack of time, the PPP Law will make no
difference in preparation for the European football championship 2012.
The procurement legislation has also undergone critical changes. The «emergency regula-
tion» for public procurement was substituted by a new procurement law, which meets inter-
national standards for the most part. Now we can only hope that this Law will bring in a fair
and competitive legal environment, too.
Being just a brief insight into the matter, the Guide does not claim to be complete and is in
no respect intended to substitute professional counseling on a case-by-case basis.
I would like to thank all those who have contributed to this revised edition, and my special
thanks go to my colleague Olena Bondarenko.
Wolfram Rehbock
Partner, Attorney-at-law
4. Head Office
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Wolfram Rehbock
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