Analysis of the Draft Law:
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Analysis of Other Documents:
Analysis of Documents Regarding the Draft Law on Public-Private Partnership
1. Resolution of the Verkhovna Rada of Ukraine on Adoption as a Basis of the Draft Law
Position: The document expresses support for the Draft Law “On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of the Mechanism for Attracting Private Investments Using the Mechanism of Public-Private Partnership.” It proposes to adopt the draft as a basis, which indicates the parliament’s intention to continue its consideration.
Main Provisions:
- It is proposed to adopt as a basis the Draft Law aimed at improving the mechanism for attracting private investments through public-private partnership for the reconstruction of destroyed objects and the construction of new ones.
- The draft law was initiated by a group of people’s deputies, which indicates inter-factional interest in solving the problem.
2. Conclusion of the Main Scientific and Expert Department of the аппарату (Staff) of the Verkhovna Rada of Ukraine
Position: The Department expresses a number of critical remarks and proposals to the draft law, pointing to the need for its significant revision. It does not express direct support or rejection, but focuses on shortcomings that need to be corrected before further consideration.
Main Provisions:
- The title of the draft does not fully correspond to its content, since a significant part of the provisions concerns the general procedure for implementing PPP, and not only the restoration of destroyed objects.
- There is no proper financial and economic justification, which makes it difficult to assess the effectiveness and impact of the proposed mechanisms on the budget.
- The project requires significant technical, legal and editorial revision, in particular, in the title, structure, numbering of articles and comparative table.
- The terminology of the project, the definition of state partners, sources of PPP financing and certain provisions regarding state support are objectionable.
- The possibility of implementing PPP in those types of activities that are allowed to be carried out exclusively by state-owned enterprises is not supported.
- It is proposed to exclude certain forms of PPP implementation, but the issue of previously concluded contracts has not been resolved.
- Emphasis is placed on the need to coordinate the provisions of the project with other laws of Ukraine, in particular, regarding urban planning, strategic environmental assessment and management of state property.
- Risks associated with the waiver of sovereign immunity in possible disputes regarding direct agreements are indicated.
3. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Economic Development
Position: The Committee recommends that the Verkhovna Rada adopt the Draft Law in the second reading and as a whole with technical and legal amendments. This indicates support for the draft law after consideration and taking into account certain amendments.
Main Provisions:
- The Committee considered the proposals to the draft law and prepared a comparative table in which most of the proposals were taken into account, partially taken into account, or rejected.
- It is recommended to adopt the draft law as a whole, taking into account technical and legal edits.
4. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Digital Transformation
Position: The Committee generally supports the draft law, especially the norms that simplify procedures for rebuilding war-destroyed objects, attracting investments and creating new jobs. However, the committee notes the need to harmonize terminology with the Law of Ukraine “On Electronic Communications”.
Main Provisions:
- It is indicated the need to bring the terminology in accordance with the Law of Ukraine “On Electronic Communications”.
- The expediency of supporting norms that simplify procedures for rebuilding destroyed infrastructure facilities and building new ones is emphasized.
5. Conclusion of the Main Department of Documentary Support of the Staff of the Verkhovna Rada of Ukraine
Position: The Department conducted a linguistic examination of the Draft Law and confirmed that most of the editorial amendments provided during previous examinations were taken into account by the main committee. There are no comments on the text of the draft law.
Main Provisions:
- Confirmation of consideration of editorial amendments.
- There are no comments on the text of the draft law.
6. Comments of the Main Legal Department of the Staff of the Verkhovna Rada of Ukraine
Position: The Department notes the relevance of previous comments to the draft law and emphasizes the need for its revision.
Main Provisions:
- The need to revise the draft law taking into account previous comments.
7. Letter from the Ministry of Development of Communities, Territories and Infrastructure of Ukraine
Position: The Ministry provides a list of bylaws necessary to ensure the implementation of the provisions of the draft law if it acquires the status of a Law.
Main Provisions:
- A list of bylaws necessary for the implementation of the provisions of the draft law is provided.
8. Letter from the Ministry of Economy of Ukraine
Position: The Ministry of Economy of Ukraine forwards a letter from the Ministry of Development of Communities, Territories and Infrastructure of Ukraine with a list of bylaws necessary for the implementation of the provisions of the draft law.
Main Provisions:
- A letter from the Ministry of Infrastructure with a list of bylaws necessary for the implementation of the provisions of the draft law is provided.
