scholarly journals CONCESSION IN THE SEAPORTS OF UKRAINE: EXPERIENCE AND PROSPECTS

2021 ◽  
pp. 61-69
Author(s):  
A. О. Surilova
Keyword(s):  
Local Governments ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Transport Infrastructure ◽  
Full Potential ◽  
State Budget ◽  
Private Partnership ◽  
Cargo Handling ◽  
Legal Method

Seaports concession is a successful global practice for optimizing processes in ports to increase their profitability. Almost all the largest seaports in the world remain in concession. It contributes to the development of their infrastructure and increases cargo handling. However, in Ukraine, seaports concession has long remained only a prospect and has not been applied in practice. With the arrival of the new presidential administration, one of its first tasks was to optimize the country’s transport infrastructure, which meant, in particular, seaports concession. In this article, we consider the main aspects of seaport concession in Ukraine. We used general scientific method, formal-legal method, and analysis and synthesis for our research. We paid attention to the concept of concession and its main features. We gave examples of interpretation of the concession from different points of view. Among them are legal, economic, and logistical interpretations. We considered the correlation of the concession with the concept of public-private partnership. We provided the relevant legal framework in this aspect. For example, we analyzed the Laws of Ukraine “On Public-Private Partnership” and “On Concession”. In conclusion, we argued that there is a necessary level of legal regulation for the implementation of concession mechanisms in seaports of Ukraine. In addition, the study takes into account real examples of concession agreements for seaports in Ukraine. For example, we analyzed the situation with the conclusion of concession agreements for seaports in Mykolayiv and Kherson. We established that the development of concessions is a promising area of public policy. With their help, it is possible to attract funding for the infrastructure of seaports, create jobs, fill the state budget, help local governments. However, to realize the full potential of concessions, it is necessary to take measures to create a favorable investment climate, attractive conditions for private investors-concessionaires, in particular, by improving the judiciary, taxation, public administration, and protect property rights.

scholarly journals Public private partnership in the development of transport infrastructure

2021 ◽  
pp. 46-62
Author(s):  
А.М. Дроздова ◽  
Е.А. Терещенко ◽  
В.С. Комаров ◽  
И.А. Губанов
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Transport Infrastructure ◽  
Transport Sector ◽  
Private Partnership ◽  
Current State ◽  
Foreign Countries ◽  
The Russian Federation

Статья посвящена основным проблемам, связанным с формированием государственной политики по реализации механизма государственночастного партнерства в транспортной сфере. Анализу подвергается понимание государственно-частного партнерства в указанной сфере, рассматривается современное состояние общественных отношений, особенности нормативно-правового регулирования государственно-частного партнерства в связи с реализацией Транспортной стратегии Российской Федерации. Рассматриваются особенности регулирования отношений государственно-частного партнерства в иностранных государствах. The article is devoted to the main problems associated with the formation of state policy for the implementation of the mechanism of public-private partnership in the transport sector. The analysis examines the understanding of public-private partnership in this area, examines the current state of public relations, es- pecially the regulatory legal regulation of public-private partnership in connection with the implementation of the Transport Strategy of the Russian Federation. The features of the regulation of public-private partnership relations in foreign countries are considered.

Public-private partnership: investments in transport infrastructure

2019 ◽  
pp. 102-107
Author(s):  
A. V. Semenov
Keyword(s):  
Legal Framework ◽  
Public Private Partnership ◽  
Transport Infrastructure ◽  
Transport Sector ◽  
Private Partnership ◽  
Priority Area ◽  
Main Area

The presented study examines public-private partnership with respect to investments in the Russian infrastructure.Aim. The study aims to assess the feasibility of using public-private partnership for investments in the country’s transport infrastructure.Tasks. The author examines the projected investments in the Russian transport infrastructure, determines the segment of the transport infrastructure that needs the most investment, and analyzes the possible applications of public-private partnership for investments in transport infrastructure. The task is to examine the existing legal framework for the implementation of public-private partnership in the investments in transport infrastructure.Methods. The study uses such methods as analysis, synthesis, and comparison.Results. The author identifies the major directions for investments in transport infrastructure, determines the priority area in the implementation of public-private partnership in infrastructure — transport infrastructure, in which roads are the main area for the application of public-private partnership. The types of implementation of public-private partnership for the construction of roads are examined.Conclusions. It is established that there is an increasing need to apply public-private partnership to the development of the country’s infrastructure and its transport sector, and the major mechanisms for the implementation of public-private partnership in the construction of roads are revealed.

scholarly journals Alternative To Development of Tourist Attraction with Public Private Partnership Scheme in Magelang Regency

2021 ◽  
Vol 2 (4) ◽  
pp. 263-273
Author(s):  
Siti Arifah ◽  
Agung Nur Probohudono ◽  
Djuminah ◽  
Evi Gantyowati
Keyword(s):  
Local Governments ◽  
Public Private Partnership ◽  
Tourist Attraction ◽  
Value For Money ◽  
Structured Interviews ◽  
Private Partnership ◽  
The Public ◽  
Service Contracts ◽  
Natural Beauty ◽  
Management Contracts

This study aims to see how the condition of the object/Tourist Attraction (TA) in Magelang Regency in Indonesia and its alternative development. This research uses a descriptive qualitative approach with case studies of 31 tourism objects which will then be investigated regarding their conditions and possible future developments. Research data were obtained by direct observation of the location of tourist objects and through semi-structured interviews. The results of this study illustrate that tourism objects in Magelang Regency are currently quite developed. However, this has not been able to attract general tourists to linger in the regency and provided an optimal contribution to regional income. This is because tourism objects in the regency other than Borobudur Temple have not been maximized for their existence and utilization. The Public-Private Partnership (PPP) scheme model can be an alternative to be applied in developing tourism objects accompanied by an appropriate Value for Money (VfM) analysis. Tourism objects in the form of cultural heritage can be developed through concession contracts, natural beauty can be developed through management contracts, and artificial objects can be developed through service contracts while taking into account the development needs of each tourism object. Local governments need to establish cooperation with the private sector with a Public-Private Partnership scheme accompanied by the preparation of strict regulations so that the implementation of cooperation in the context of developing tourism objects in the Magelang Regency can bring optimal benefits to all parties.

Lex PPPs as a source of regulation of cross-border relations in the sphere of public-private partnership and the role of international organizations in formation of Lex PPPs

2021 ◽  
pp. 1-10
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Private Investment ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Legal Doctrine ◽  
Private Partnership ◽  
Cross Border ◽  
State Actors ◽  
The Impact

Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.

scholarly journals The impact of huge transport PPP projects on Russian Federation socio-economic development

2018 ◽  
Vol 170 ◽  
pp. 05002 ◽  
Author(s):  
Alisa Sablina ◽  
Viktor Dubolazov
Keyword(s):  
Economic Development ◽  
Data Analysis ◽  
Russian Federation ◽  
Public Private Partnership ◽  
Transport Infrastructure ◽  
Federal State ◽  
Private Partnership ◽  
Service Information ◽  
Socio Economic Development ◽  
The Impact

This article describes the main impact peculiarities of huge transport projects implemented by public-private partnership on Russian Federation socio - economic development. The research was based on the deep data analysis of changing socio-economic indicators of six different Russian regions (including regions of different federal districts), where were implemented (or are being implemented) of huge transport infrastructure projects, implemented by public-private partnership over the past 10 years. The method of statistical data analysis, obtained in the research, was conduct by using STATISTICA software package, Federal state statistics service information and Public-private partnership platform of infrastructural projects in Russian Federation.

scholarly journals Factors Affecting Local Governments’ Public–Private Partnership Adoption in Urban China

2019 ◽  
Vol 11 (23) ◽  
pp. 6831 ◽  
Author(s):  
Bo Zhang ◽  
Li Zhang ◽  
Jing Wu ◽  
Shouqing Wang
Keyword(s):  
Local Governments ◽  
Mainland China ◽  
Public Private Partnership ◽  
Urban China ◽  
Infrastructure Development ◽  
Sustainable Infrastructure ◽  
Private Partnership ◽  
Factors Affecting ◽  
Financial Pressure ◽  
Major Factors

Local governments around mainland China initiated over 14,000 public–private partnership (PPP) projects with a total investment of 18 billion RMB in recent years, but nearly half have been withdrawn since the end of 2017, which raised wide concerns about whether PPP can contribute to the sustainable infrastructure development in urban China. In this study, we empirically investigated major factors affecting local governments’ PPP adoption, especially factors that led local governments to initiate inappropriate PPP projects. Based on a unique panel dataset of 286 Chinese cities between 2014 and 2017, the empirical findings suggested that local governments’ financial pressure was the most important factor and cities with higher off-budgetary debts or lower budgetary deficits tended to initiate more PPP projects. PPP projects initiated under off-budgetary burdens were more likely to be inappropriate and subsequently withdrawn. Based on the empirical results, we provide policy suggestions to promote sustainable PPP developments in China.

scholarly journals Public-private partnerships: approaches to assessing economic effects for stakeholders

2018 ◽  
Vol 170 ◽  
pp. 01047 ◽  
Author(s):  
Elisaveta Markovskaya ◽  
Viktoria Holodkova ◽  
Dmitry Radushinsky ◽  
Oksana Feoktistova ◽  
Anzhelika Borisova
Keyword(s):  
Public Private Partnership ◽  
The State ◽  
Economic Effects ◽  
Public Private Partnerships ◽  
Property Management ◽  
Fair Price ◽  
State Budget ◽  
Financial Model ◽  
Private Partnership ◽  
Legal Foundations

The article is devoted to the development of such a form of state property management as a public-private partnership. Public-private partnership is one of the most widespread format of interaction between the state and business. The article analyzes the legal foundations and trends in the development of this form of interaction. Modern methods for assessing risks, benefits and effects for different stakeholders of projects implemented in the form of PPPs are considered. The authors propose their approach to building a financial model and assessing the effects of PPP projects. Taking into account risks, the fair price of participation in the PPP project for both parties is estimated. The proposed financial model can be used to calculate the concession fee in tariff-regulated projects where the state is supposed to participate, usually with the subsequent transfer of the ownership for the created object to the state. The results of the work can be used by departmental and regional centers of public-private partnerships, by specialists of private investor companies and tariff regulation bodies when formulating the financial and economic justification for public-private partnership projects, justifying its preference in comparison with other forms of state budget investments.

scholarly journals FEASIBILITY STUDY OF PUBLIC-PRIVATE PARTNERSHIP / VIEŠOJO IR PRIVAČIOJO SEKTORIŲ PARTNERYSTĖS GALIMYBIŲ ANALIZĖ

2011 ◽  
Vol 15 (3) ◽  
pp. 257-274 ◽  
Author(s):  
Ieva Meidutė ◽  
Narimantas Kazimieras Paliulis
Keyword(s):  
Dispute Settlement ◽  
Public Procurement ◽  
Legal Framework ◽  
Public Private Partnership ◽  
Public Infrastructure ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private And Public ◽  
Dispute Settlement Procedure

Public-private partnership may cover various forms of partnership, viz. as the property of the private sector in the state of municipal activities or information and consultations between the public and private sectors, also as an unconventional method of public procurement when the public and private sectors enter into a long-term contract on the establishment of public infrastructure or the provision of public services. The most important thing in implementing PPP projects is to properly draw up the contract between the public and private partners, which should explicitly state all terms and conditions, undertakings and liabilities, evaluate risks, determine the payment mechanism and dispute settlement procedure, etc. In order to reduce any risk associated with such projects, a proper legal framework should be developed, which would provide liabilities and undertakings of both parties of the project (the private and public sectors), and more information should be disbursed as to how such projects are being implemented, what the structures of financing are, and what the benefit of such projects is. Santrauka Viešojo ir privačiojo sektorių partnerystė gali apimti įvairias partnerystės formas: kaip privačiojo sektoriaus nuosavybė valstybės ar savivaldybių veikloje ar informavimas ir konsultavimas tarp viešojo ir privačiojo sektorių, taip pat kaip netradicinis viešujų pirkimų būdas, kai sudaroma ilgalaikė sutartis tarp viešojo ir privačiojo sektorių dėl viešosios infrastruktūros sukūrimo ar viešųjų paslaugų teikimo. Vykdant VPP projektus būtina tinkamai parengti sutartį tarp viešojo ir privataus partnerio, kurioje turi būti vienareikšmiškai apibrėžtos visos sąlygos, įsipareigojimai, atsakomybė, įvertintos rizikos, atsiskaitymo mechanizmas, konfliktų sprendimo tvarka ir t. t. Siekiant sumažinti bet kokią su tokiais projektais susijusią riziką, reikia suformuoti tinkamą teisinę bazę, kuri numatytų abiejų projekto šalių - tiek privačiojo, tiek valstybinio sektoriaus - atsakomybes ir įsipareigojimus, bei teikti daugiau informacijos, kaip tokie projektai vykdomi, kokios finansavimo struktūros, kokia gaunama nauda.

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