Koval Y. Financial and legal regulation of public-private partnership.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number


Applicant for


  • 081 - Право. Право


Specialized Academic Board

ДФ 26.001.244

Taras Shevchenko National University of Kyiv


The experience of the drafting of the PPP laws in Ukraine is analyzed, the challenges of their application and peculiarities of development defined, and the periodization of formation of PPP as a legal category in Ukraine provided. The author studied the evolution of key concepts of PPP, which allowed to identify trends in the development of the conceptual apparatus in this field, as well as the impact on financial and legal regulation. In particular, on the example of state support for concession projects, it is proved that ignoring the peculiarities of financial and legal regulation of PPP deprives the possibility of the practical application of relevant tools. The range of public relations that arise during the planning and implementation of PPP projects regulated by the norms of financial law is determined. It is proved that financial legal relations arise at each stage of PPP. The peculiarities of the financial legal liability in PPP projects are established, and the conclusion on the expediency of introducing responsibility for violation of the financial legal obligations within the PPP by the public partner is made. The issue of defining the boundaries of public financial control in the field of PPP is considered. It was found that the number of instruments and the subject of financial control should depend on the forms, terms and volume of state support. An analysis of existing approaches to determining the sectoral affiliation of the legal norms governing relations in the field of PPP showed that PPP is a complex intersectoral legal institution. The matter of attribution of PPP agreements to administrative or financial legal agreements is considered. It is emphasized that not all PPP agreements lead to the emergence, change and termination of financial legal relations, which gives rise to a complex (intersectoral) legal nature of PPP agreements. It is established that agreements on the provision of state support within the PPP can be classified as financial legal agreements, as they are included in the legal structure, which leads to financial legal liability under the PPP.


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