Relations arising in connection with PPP are established exclusively by this Law and cannot be regulated by other laws, except for the cases established by this Law. The main principles of PPP implementation are: (a) equality before the law of public and private partners; (b) prohibition of any discrimination in the rights of public or private partners; (c) coordination of interests of public and private partners in order to obtain mutual benefit; (d) ensuring higher efficiency of activities than in the case of implementation of such activities by a public partner without involving a private partner; (d) recognition by public and private partners of the rights and obligations established by the national legislation and determined by the terms of the PPP agreement; (e) fair distribution between public and private partners of risks associated with the implementation of PPP agreements; (f) determination of a private partner on a competitive basis, except in cases established by law; (g) the immutability of the form of ownership of objects that are in state, municipal ownership, public sector companies and transferred to a private partner throughout the term of the PPP agreement; (h) the use of the PPP object in accordance with the provisions of the PPP agreement; (i) the compliance of the PPP project with the Sustainable Development Goals of Ukraine, approved in accordance with the procedure established by law, taking into account the UNECE PPP and Infrastructure Evaluation and Rating System (PIERS) (or another system adopted as a replacement); (j) ensuring environmental sustainability, preventing man-made and environmental disasters during the implementation of PPP projects; (k) ensuring economic efficiency during the implementation of PPP projects; (l) guaranteeing the availability of socially significant services for socially vulnerable groups of the population during the implementation of PPP projects; (m) transparency, accessibility and non-discrimination in the provision of information on PPP projects, except for information with limited access; (n) compliance by public and private partners with anti-corruption legislation in the preparation and implementation of PPP projects; (o) ensuring equal, transparent, non-discriminatory and proportionate treatment of potential private partners, applicants, tenderers during the tender, conclusion of contracts within the PPP and their implementation; and (p) compliance by private partners with relevant obligations in the areas of environmental, social and labour law established by legislation, collective agreements or provisions of international environmental, social and labour law, which are provided for by international conventions specified in the annex to this Law.
Title:
Law No. 4510-IX “On Public-Private Partnership”.
Country:
Ukraine
Type of document:
Legislation
Files:
Date of text:
Repealed:
No