Analysis of the draft law:
I’m sorry, but since I was unable to access the text of the bill, I cannot provide an analysis of it. Please provide the text of the bill so that I can fulfill the request.
Analysis of other documents:
Based on the analysis of the provided documents, the following conclusions can be drawn:
1. Position of the authors of the documents regarding the draft law:
- People’s Deputy of Ukraine H.I. Yanchenko: Is the initiator of the draft law, which indicates support and interest in its adoption.
- The Main Scientific and Expert Department of the Verkhovna Rada of Ukraine: Expresses numerous comments and suggestions, which indicates a critical analysis of the draft law and the need for its significant revision.
- Committee on Economic Development of the Verkhovna Rada of Ukraine: Recommends the Verkhovna Rada of Ukraine to adopt the draft law in the second reading and as a whole with technical and legal amendments, which indicates support for the draft law after the amendments are made.
- The Committee of the Verkhovna Rada of Ukraine on Digital Transformation: Supports the draft law, expresses comments regarding terminology, which needs to be harmonized with other legislation.
- The Main Department of Documentary Support of the Verkhovna Rada of Ukraine: Carried out a linguistic examination and provided editorial corrections that were taken into account, which indicates technical support for the draft law.
- The Main Legal Department of the Verkhovna Rada of Ukraine: Expresses significant comments regarding non-compliance with the Constitution of Ukraine and inconsistency with other laws, which casts doubt on the possibility of supporting the draft law in its current form.
- Ministry for Communities, Territories and Infrastructure Development of Ukraine: Provides a list of bylaws necessary for the implementation of the draft law, which indicates technical support and readiness for implementation.
- Ministry of Economy of Ukraine: Transmits information from the Ministry of Infrastructure, which indicates coordination of actions regarding the assessment and implementation of the draft law.
2. Key provisions of documents important to stakeholders:
- Simplification of PPP procedure: The draft law is aimed at simplifying the procedure for preparing and implementing PPP projects for the reconstruction of war-damaged facilities and the construction of new ones.
- Electronic procurement system: Introduction of an electronic procurement system for PPP projects according to EU standards.
- Budget financing: Implementation of PPP projects based on payments from the budget, where the state pays for “infrastructure in installments”.
- Technical and legal comments: The Main Scientific and Expert Department and the Legal Department point out numerous technical, legal and editorial shortcomings that need to be corrected.
- Need for financial justification: Lack of proper financial and economic justification, which is important given the state of war and the state of public finances.
- Compliance with the Constitution and legislation: Non-compliance of certain provisions with the Constitution of Ukraine and other laws, which requires harmonization.
- Local self-government: Comments regarding possible interference in the activities of local self-government bodies.
- Corruption risks: The presence of provisions that create corruption risks.
- Impact on the budget: Provisions that may lead to arbitrary disposal of budget funds.
- Judicial immunity: The issue of waiving sovereign immunity in possible disputes, which requires justification and a conclusion from the Government.
- Inconsistency of terminology: Inconsistency of terminology with other laws, in particular with the Budget Code of Ukraine.
- Legislative technique: Comments regarding non-compliance with the requirements of legislative technique.
For legislators: It is important to pay attention to the comments of the main departments regarding compliance with the Constitution and other laws, as well as corruption risks. It is necessary to ensure proper financial and economic justification of the draft law.
For experts: It is important to conduct a detailed analysis of the draft law, taking into account the comments made, in particular regarding terminology and technical aspects.
For business: It is important to take into account possible changes in PPP regulation, in particular the introduction of an electronic procurement system and new opportunities for budget financing. Attention should also be paid to the risks associated with inconsistencies in legislation.
For citizens: It is important to understand how changes in PPP legislation can affect the reconstruction of destroyed facilities and the construction of new ones, as well as to control the transparency and efficiency of the use of budget funds.
