Ppp book announcement

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Ppp book announcement

  1. 1. Public-Private Partnership in Ukraine 2nd edition, Kyiv | 2010
  2. 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» Order your free hard copy: pr@arzinger.ua
  3. 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. 4. Head Office Business Centre Eurasia 75, Zhylyanska str., 5th floor, 01032, Kyiv, Ukraine tel: +38 044 390 55 33; fax: +38 044 390 55 40 West Ukrainian Branch 6, Generala Chuprynky str., office 1, 79013, Lviv, Ukraine tel: +38 032 242 96 96; fax: +38 032 242 96 95 South Ukrainian Branch Pokrovsky Business Centre 33, Zhukovskogo str., 6th floor, office 601, 65045, Odessa, Ukraine tel / fax: +38 048 711 74 74 Partner in charge: Wolfram Rehbock Wolfram.Rehbock@arzinger.ua

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