This diagnostic review report constitutes the first stage of a comprehensive process undertaken by P3DP to contribute to establishment of a fair and competitive PPP framework in Ukraine which should encourage private investors to invest through Public-Private Partnership (“PPP”) projects. In particular, this Report will be one of the tools to be taken into account in preparation of a PPP strategy for Ukraine.
Drawing from the Diagnostic Review of Legal and Regulatory Framework for PPPs in Ukraine, published in October 2011, this document summarizes the most critical legislative issues facing PPP development in Ukraine.
Each identified issue includes a discussion and recommendation.
This document guided much of the legislative work implemented by P3DP in subsequent years.
In this legal report P3DP offers intermediate recommendations based on the results of investigation and analysis of several issues regarding the legal aspects of construction and operation of Kyiv City Ring Road from Stolychne shose Str. to M03 Kyiv–Kharkiv–Dovzhanskyi motor road in the Kyiv–Boryspil section on the terms of a public-private partnership and concession. The report includes:
- Review of the applicable Ukrainian regulations on concessions, public-private partnership;, and public procurement;
- Practical ways for redemption and expropriation of land plots;
- Procedure of the concession bidding; and
- Legal description of a concession agreement.
The research is based on the effective Ukrainian law effective as of the date of the report. Recommendations included in the report, also reflect both national and international best practices.