Ukraine adds changes to PPP law

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Ukraine adds changes to PPP law

Ukrainian Parliament has adopted changes to the public private partnership (PPP) Law of Ukraine and other laws related to the PPP model.

Through theses changes, the government aims to eliminate regulatory barriers to the development of PPP projects in and to boost investments in the country. The changes are expected to attract the interest of international companies mostly in the housing and utilities sphere, as well as in the sectors of construction (developing ports, constructing roads, and managing airports) and healthcare.

The changes includes a number of amendments to the law on PPP and the laws on concessions, management of state-owned assets and international private law. The amendments introduced are expected to solve the lack of clear definition of projects implemented in the frames of PPPs and the lack of effective tools of state support.

The changes introduced by the government include, among others, the following:

  • PPP model now include the production and introduction of energy-saving technologies, construction of modular houses and temporary houses for internal migrants, and the provision of social services.
  • The private partner shall hold more than 50% of the charter capital of a legal entity for PPP performance.
  • The PPP contract can provide for the public and private partners' joint partial ownership of the PPP objects, which have been bought or created.
  • Objects of the PPP created or bought for the performance of the PPP contract can be in the private partner's ownership. Nevertheless, such objects shall be transferred to the public partner within the period specified in the contract, but no later than the termination date of the contract. The PPP contract can provide for the public and private partners' joint partial ownership of the PPP objects which have been bought or created.
  • The state can support PPP performance by buying products (services) produced (rendered) by the private partner within the PPP, by providing products (services) to the private partner that are necessary for PPP performance and by making payment to the private partner for bringing the PPP object into operation.
  • Any disputes arising out of PPP contracts concluded with non-residents can be transferred for consideration by international commercial arbitration.
  • Private partners gain additional guarantees of their rights.

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