Mazalova A. Public-private partnership in modern economic relations (economic and legal aspect).

The dissertation is aimed at developing approaches to improving and properly structuring the legal support of public-private partnership (PPP) in Ukraine, defining its economic essence and developing on this basis theoretical provisions and practical recommendations for improving existing legislation. The paper establishes that the current Law of Ukraine "On Public-Private Partnership" was adopted without a previously developed concept of PPP as a type of economic obligations or mixed corporate relations, as a special form of state influence on economic relations to increase their socio-economic efficiency. This explains the significant substantive improvements that were made to the Law in 2015 and 2019, which, however, did not save the design of PPP relations from a number of significant shortcomings. The current Law of Ukraine "On Public-Private Partnership" although it declares its own purpose to determine the organizational and legal basis for interaction of public partners with private and basic principles of public-private partnership on a contractual basis, but in terms of regulatory emphasis it is aimed primarily at regulating PPP relations. in the field of construction, reconstruction and operation of infrastructure facilities related to the provision of public life. Moreover, this law cannot be applied to other contractual and legal forms of PPP, which differ in their subjective composition or the specifics of the content of the investment project, as well as those related to the creation of joint partners of a separate legal entity - business entity with the corresponding statutory purpose of activity. The legal nature of PPP relations is largely characterized by the peculiarity of the legal status of the public partner - the subject of organizational and economic powers, the nature of which is determined by the content of Part 2 of Art. 19 of the Constitution of Ukraine. Therefore, all options (models) of PPP relations should receive clear legal grounds for implementation, fixing of the scope of competences of the public partner and regulation of taking the necessary means and carrying out certain procedures. Therefore, we question the legitimacy of the rule provided for in paragraph 2 of Art. 4 of the Law of Ukraine "On Public-Private Partnership" on the possibility of using PPP "in other areas of activity that involve the provision of socially significant services." The current Law of Ukraine "On Public-Private Partnership" is only a legislative fragment in the general picture of the diversity of forms, objects and areas of implementation of the PPP, which require legislative regulation. It is obvious that the system of legal support of PPP relations logically involves the creation of the basic Law of Ukraine "On the legal basis of public-private partnership in the field of management" and a number of substantively dependent laws that would ensure the functioning of PPP in various segments of the economy, such as -ot: "On the features of public-private partnership in the implementation of innovative projects", "On the features of public-private partnership in the implementation of infrastructure investment projects", "On the features of public-private partnership in the defense industry" and others. Thus, the development of PPP in Ukraine justifiably requires the development of a holistic concept of public-private partnership in the system of economic relations, as well as the provisions of economic and legal policy in relation to these relations in order to adequately legislate.