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New Law on Public Private Partnership in Ukraine

August 2010 - Corporate & Commercial. Legal Developments by Astapov Lawyers International Law Group .

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The President of Ukraine has signed the Law On Public Private Partnership (PPP Law) which was adopted by the Parliament of Ukraine on July 1, 2010. The law enters into force in three months after its official publication.

In Ukraine there have already been some efforts to establish sound cooperation between the state and private investors in order to boost development and modernization of the important areas of Ukrainian economy. Some important projects which mostly based on concession contract as their legal ground were implemented in road reconstruction, telecommunications, etc. However, the example of highway Lviv-Krakovets reconstruction showed that one can hardly call the Ukrainian PPP experience to be particularly successful so far. Public private cooperation on local level seemed to be slightly more effective, in particular in such areas as water supply, energy supply, housing and community amenities. Some local city councils have even adopted the rules to regulate the relations with private investors. Most local authorities still remained passive though and never concluded PPP contract in any form. In this context and furthermore in the light of upcoming EURO 2012, the need for state legislation to implement a unified legal act that would serve as clear framework and encouragement for further development of the cooperation was rising.

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