PROBLEMS OF LEGAL REGULATION OF CONCESSIONS AS A FORM OF IMPLEMENTATION OF PUBLIC-PRIVATE PARTNERSHIP

Introduction. One of the effective mechanisms for attracting private capital to strategic sectors of the economy is the concession as a form of utilization of publicly significant objects of state and municipal ownership. These issues gain particular importance under martial law conditions and the post-war reconstruction of Ukrainein contemporary legal science and practice. Objective. The objective of this research is to analyze specific issues of legal regulation of concessions as a form of publicprivate partnership and to determine ways to improve the current legislation in this area. Materials and Methods. The research materials include as follows: 1) legal acts that regulate social relations in the sphere of concessions as a form of public-private partnership; 2) scientific works of national authors conducting scientific and practical research on concession and other contractual relations.Within this research, scientific methods of analysis and synthesis, logical generalization of results (formulation of conclusions), and other methods were used. Results. The article addresses specific problematic issues of the legal regulation of concessions as a form of public-private partnership. It highlights the lack of adequate regulation of the guarantees for the concessionaire, particularly in case of contract termination by the concession grantor, and the use of the concession contract as a form of public-private partnershipimplementation. There is proven the necessity to eliminate the duplication of provisions regarding the concessionaire's guarantees in the Law of Ukraine “On Concession” and other general legal acts. The assurances provided by the Civil Code of Ukraine should not serve as an alternative to the guarantees for the concessionaire regulated by Law of Ukraine “On Concession”. Assurances cannot replace the guarantees for the concessionaire due to the lack of practice and mechanisms for compensation of damages under Ukrainian civil law. Case law is cited to argue the complexity of proving damages in compensation judicial processes. The article examines the institution of the rights and obligations of the parties to the concession contract through the lens of the freedom to regulate contractual relations by the parties. It proposes the development of a standard concession contract from which the parties can deviate if necessary. Discussion. The prospects for further scientific research should include the need to amend the legislation considering the developments regarding the peculiarities of the concession contract and the guarantees for the concessionaire outlined in this article.