Building: International conference on Economics, Accounting and Finance
Room: zoom
Date: 2021-11-05 01:50 PM – 01:55 PM
Abstract
The practice of simultaneous use of related terms "public-private partnership" and "public-private partnership" has been formed in the scientific community. A public-private partnership is usually understood as a contract legally binding on the parties between a private entity and a public authority (local government), under which the private partner undertakes to provide public services, invest its own resources, and take over part of liability for certain risks of providing such services (note that payment to a private partner is made only in exchange for services actually provided) [1]. Instead, the legislative consolidation of the concept of "public-private partnership" objectively determines the priority of its use in research on the legal regulation of the interaction of public administration bodies and individual public law institutions with the private sector.
Public-private partnership (PPP) today is one of the most popular forms of cooperation between the state and business in the world. This is an economic category that is a mechanism for public structures and private partners to implement long-term investment projects to achieve the objectives of socio-economic development of public entities, increase the availability and quality of public services, which is achieved through risk sharing and private resources.
In order to summarize the experience of PPP implementation in different countries of the world, we can distinguish three generalized stages of PPP development, which combine the relevant characteristics of these stages and groups of countries.
The first stage of development (higher), where the state has created the conditions and prerequisites for the effective implementation of PPP, should include the United Kingdom and Australia. These countries are characterized by the use of different models of partnership and risk sharing of partnership models, covering all periods of the project life cycle, attracting different categories of investors, including private and pension investment funds. The PPP London Underground development project, which has raised tens of billions of pounds to modernize the London Underground and brought profits to investors involved in the project, is world famous.
The example of the United Kingdom in the context of PPP is very illustrative. This country is one of the world leaders in the implementation of PPP projects. Today, more than 130 PPP projects are being implemented in the healthcare sector alone, including the construction of the St. Bartholomew worth £ 1.1 billion.
Most developed countries are in the middle stage, including the United States, Japan, France, Canada and Germany. The application of the PPP institute in these countries is close to the first group in terms of the variety of applied models, but there is some lag in the scale of coverage of industries and territorial levels. At the same time, the level of development of PPP models can be described as high. In the companies of these countries that implement infrastructure projects, special units are formed, use a wide range of tools to finance them.
The countries of the third group, which are at the initial stage of development, including Ukraine, are just beginning to form the legal framework and institutional environment of PPP, PPP issues have only recently begun to be discussed at various levels of government and business community. the forms of the applied models do not differ in variety. The purpose of this stage is a comprehensive study of the experience of other countries and their own achievements, as well as the formation of public opinion and staff of specialists in structuring projects on the models of PPP. In this group of countries at the initial stage are also China, India, Slovakia, Latvia, Czech Republic, Poland, Hungary, Belgium, Finland, Mexico, Brazil, Russia.
The use of PPP mechanisms allows countries to increase their competitiveness, which is a common integrated assessment of the development of the country as a whole. Countries with a high level of competitiveness are characterized by a developed institutional environment that generates income, high-quality infrastructure, stable macroeconomic environment, high quality health care systems and higher education. Open market and a developed financial sector create the basis for the rapid introduction of innovations that improve the quality of life.
Features of PPP implementation in Ukraine. For Ukraine, PPP is one of the most promising ways to attract investment in state and municipal infrastructure. Today, thanks to the information campaign launched by the authorities together with the domestic media around the relevance of PPP, society has a generalized idea of the nature and benefits of PPP and the mechanism of its action when public facilities, including roads, airports, seaports, water and water energy supply, etc., are transferred under certain conditions to a private partner. The range of application of PPP and concession mechanisms in domestic practice is much richer and more diverse, which enriches our experience and exposes potential risks.
- Lviv castles and palaces. The idea of transferring locks to concession was born in 2007, when the list of state-owned objects that can be granted in concession was updated. The list identified three Lviv castles as potential objects of concession. However, in practice all attempts were unsuccessful - project funding was never started.
- Urban improvement. An example of a common format of domestic PPP is the Kolomyia agreement, the subject of which was the construction of a sports complex and the improvement of the city lake. The benefit of the private partner was to obtain a plot of land in the city and the right to build houses on it.
- Apartment buildings. Today, the construction of apartment buildings is no longer hidden behind the slogans of the development of urban social infrastructure, but directly declared as the purpose of the project to participate in the competition. At the same time, the percentage of the total area of premises in the house, which the winner of the tender (private enterprise) must transfer to the customer (state) under the terms of the tender, ranges from 5-20%.
- Re-equipment of boiler-houses. The popularity of energy service contracts is due primarily to the availability of budget guarantees. Nevertheless, such projects are a positive example of community initiative, although they are only a temporary measure.
- Garbage recycling. The idea of implementing the project of construction of a complex for processing of solid household waste in Poltava region was to build several plants that would serve the region. For this purpose, separate agreements were signed with all village councils, a total of 109 agreements were signed [2]. This idea failed, so of all the concession agreements concluded, in practice there were zero implemented projects. These cases are not isolated and indicate that domestic statistical reporting and practical effectiveness of PPP projects are far from each other.
PPP skeptics often appeal to the lack of full-fledged, special PPP legislation. In fact, the Law of Ukraine “On Public-Private Partnership” adopted in 2010 did not work so well. However, even the current civil and commercial legislation allows to implement projects in the format of a classic PPP. Proof of this are a number of projects whose failure is not due to the lack of special legislation.
There have been many attempts in Ukraine to implement PPP projects. Most of the projects concerned the development of infrastructure facilities and mining, which is typical of this type of cooperation between the state and business in Ukraine. Consider the most interesting projects both in terms of implementation model and in terms of preparation stages.
I. Simferopol International Airport Joint Development Project. Launched in the summer of 2011, the project was planned to be implemented jointly with the Shanghai Construction Group (private partner, China), Investkep (coordinating partner, UK) and the Council of Ministers of the Autonomous Republic of Crimea (state partner, Ukraine). The total cost of the project was about $ 300 million. The PPP implementation model involved the creation of a special project company (SPV). For the purposes of financing the project, in addition to the funds of a private partner, it was planned to attract borrowed capital from the China Development Bank (CDB) and the Export-Import Bank of China (China Eximbank). The Simferopol International Airport PPP project passed all stages of coordination within the Council of Ministers of the Autonomous Republic of Crimea and was submitted to the credit committees of CDB and China Eximbank. The meetings of the committees were scheduled for spring 2014, but the events of February-March 2014 did not allow to bring the project to a logical conclusion.
ІІ. The project of concession of berths of the Evpatoria sea trade port on Fr. Donuzlav, which started in December 2010. A private partner was the Chinese company CNTIC (China National Technical Import & Export Corporation), the coordinating partner was the Agency for Regional Development of the Autonomous Republic of Crimea, and the Ministry of Infrastructure of Ukraine planned to become a state partner. The project provided for the construction of a full-fledged commercial port on the island. Donuzlav with an estimated value of over 1 billion US dollars. The project was stopped at the stage of preparation of the feasibility study due to political force majeure.
III. In the context of the history of PPP preparation in Ukraine, it is worth mentioning the failed production sharing agreements (PSAs) within the framework of prospecting, exploration and production of hydrocarbons at the Yuzivsky and Olesky deposits. Private partners under these agreements in 2013 were Shell (Yuzovskoye field) and Chevron (Oleskoye field). Shell and Chevron later withdrew from PPP projects. The reasons for the refusal are current events in eastern Ukraine and scandals surrounding the coordinating partner for both projects.
Thus, the development of PPP allows to create a synergy of capabilities of public administration and local government, as well as the efficiency of private capital, allows to attract significant investment in the economy. The PPP mechanism, when properly functioning, provides broader benefits from investment, creating favorable conditions for sustainable sustainable development.
Ukraine has a large potential for the development of many forms of public-private partnership, but its practical application requires the solution of a number of fundamental issues. First, the real interests of all parties to the agreement must be taken into account. In our country, the so-called political tradition is strong, when the state plays an exceptional role and sometimes interferes in the autonomous spheres of society, including the competence of business, not always justifying its actions by law. Negative political events also do not contribute to the introduction of PPP in Ukraine. All this prevents the establishment of trusting and constructive relations with entrepreneurs.
Ukrainian private business remains largely an immature participant in cooperation with the authorities. The social orientation of business is still underdeveloped. Large, medium, and small businesses show a desire for the most part to make a profit, redistribute budget funds, and not to invest or otherwise participate in global projects that are of particular importance to the country's economy. An effective partnership is possible only if the strategy of further development of the country is completely clear and predictable. In countries with developed market economies, sufficient experience of PPP has been accumulated, which, taking into account the specifics of the country, can be applied in Ukraine.
Keywords
References
1. White, E., Dezilets, B., Maslyukivska, O. & Shevchuk Yu. (2009). Posibnyk z publichno-pryvatnoho partnerstva [A guide to public-private partnerships]. Kyiv: USAID. Retrieved from: http://ekmair.ukma.edu.ua/bitstream/handle/123456789/575/PPP_Guidelines_ukr_2009.pdf?sequence=1&isAllowed=y [in Ukrainian].
2. Hryshchenko, S. (2011). Pidhotovka ta realizatsiia proektiv publichno-pryvatnoho partnerstva: praktychnyi posibnyk dlia orhaniv mistsevoi vlady ta biznesu [Preparation and implementation of public-private partnership projects: a practical guide for local governments and businesses]. Kyiv: FOP Moskalenko [in Ukrainian].