MEANS OF SELF-REGULATION IN PPP RELATIONS: THE PROBLEM OF IMPROVING REGULATION
Journal: LAW AND INNOVATIONS (Vol.1, No. 56)Publication Date: 2014-04-24
Authors : Vinnyk O.;
Page : 12-21
Keywords : public-private partnerships; self-regulation; PPP contracts; statutory and internal documents; acts of recommendatory/advisory nature.;
Abstract
Means of self-regulation in the relationship of public-private partnerships: the problem of improving regulation. This article is devoted to the problems of self-regulation in the relationship of public- private partnership / PPP , including tools such as a contract, statutory and internal documents of the participants relations PPP, acts advisory nature . Regulation of PPP Relations is done at different levels and by different means. The purpose of this regulation is to ensure a balance of legitimate interests of the major participants in the PPP relationship: business entities and their creditors and partners, customers, economic competition, organizations of professional participants of commodity markets, which are involved in PPP. Regulating the PPP relationship is carried on two main levels: at the level of these relations participants (self-regulation) and external regulation on such entities (public, in particular). From the perspective of civil society is particularly important self- regulation. The oldest means of self-regulation is agreements, providing of, modifi cation and termination of the relevant relations and constituent and internal documents of the participants in these relations. In this regard, special attention is paid to the PPP agreement, the founding documents of the joint venture partners in the form of institutional PPPs, acts of a recommendatory/advisory nature and other means of self- PPP relations. Given the lack of basic provisions for the use of instruments of self-regulation in Ukraine PPP legislation is offered ways to improve it in order to increase the effi ciency and effectiveness of this law.
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