The purpose of the dissertation is to establish the theoretical and methodological foundations, as well as practical aspects, of the essence, forms, and mechanisms of public-private partnerships (PPP). The study develops recommendations and strategies for improving regulatory frameworks in the PPP sector and enhancing the efficiency of its practical implementation in Ukraine.
Object of the research is social legal relations that arise, are implemented, and concluded in the process of PPP in the construction and operation of transport infrastructure in Ukraine.
Subject of the research is administrative and legal regulation of PPP in the construction and operation of transport infrastructure in Ukraine.
Research methods include the methodological framework of the study includes fundamental doctrines of administrative and legal science and scholarly achievements regarding PPP regulation in the construction and operation of transport infrastructure in Ukraine. The research also explores related fields such as economics, public administration, and finance.
Empirical base of the study is based on statistical data from the Ministry of Economy of Ukraine, the World Bank, the APMG project institute, the European Bank for Reconstruction and Development, the Asian Development Bank, and other organizations.
Scientific novelty of the dissertation is that it is among the first comprehensive studies in Ukraine to address PPP regulation in the construction and operation of transport infrastructure.
The personal contribution of the dissertation author to the scientific development of PPP regulation lies in substantiating measures and conceptual approaches that reflect scientific novelty and possess both theoretical significance and practical application potential, including:
For the first time, clear and concise definitions of key terms have been provided: public-private partnership (PPP), a public partner, a private partner.
There have been determined administrative and legal nature of PPPs and recommendations for improving PPP legislation have been proposed, focusing on enhancing the execution of administrative apparatus functions within PPP frameworks. These include strengthening state support mechanisms through the allocation of specific budgetary resources.
Proposals have been made regarding the regulation of state support for PPPs within the Law of Ukraine "On State Aid to Business Entities" to resolve conflicts with the Law of Ukraine "On Public-Private Partnership" concerning the definition of PPP as a form that does not involve state aid. Amendments were suggested for the Procedure for Holding Competitions to Select Private Partners for Public-Private Partnerships related to state, municipal property, and property belonging to the Autonomous Republic of Crimea, approved by Cabinet of Ministers Resolution No. 384 of April 11, 2011 (as amended by Cabinet of Ministers Resolution No. 401 of May 20, 2020). These amendments include the removal of the requirement to establish a resident company for concluding PPP agreements.
The practical significance of the results lies in the application of the dissertation's findings and proposals in various areas. In local government practice, these results are used in ensuring operational processes (e.g., implementation reports from the Executive Committee of Tysmenytsia City Council No. 154 dated April 30, 2024; Obertin Settlement Council of Ivano-Frankivsk District, Ivano-Frankivsk Region, No. 519/02.1-21 dated July 1, 2024; Oleshany Village Council No. 305 dated June 28, 2024; and Stary Kryvotuly Starosta District No. 62 dated April 30, 2024). In private sector activities, they support the development of internal policies and plans for implementing public-private partnerships to carry out transportation projects on enterprise location (e.g., implementation report from LLC "ARTTEKS" No. 67/1 dated July 25, 2024). In the educational process, the findings are incorporated into teaching and course preparation on Administrative Law and Public Administration, focusing on the administrative and legal regulation of PPPs in Ukraine.
