The current state of legal regulation of public-private partnership as an institution of public policy in Ukraine

Abstract

In the context of contemporary challenges and the urgent need for Ukraine’s recovery following a devastating war, public-private partnership (PPP), as an institution of public policy, has gained particular significance as one of the key priorities of governmental development programs. This form of cooperation between public authorities and private businesses facilitates the attraction of substantial investment resources that are critically needed for economic revitalization, the development of social infrastructure, and the enhancement of societal living standards. Given the destructive consequences of the war, the financial demands significantly exceed the state's capacity and the scale of international assistance. Under such conditions, the emphasis on intensifying cooperation with the private sector may become a powerful impetus for Ukraine’s post-war reconstruction, enabling the influx of considerable foreign investment into key economic sectors. Clearly, the effective implementation of such initiatives necessitates the improvement of legislative activity governing PPP, with the adaptation of its provisions to the current context and emerging challenges. The study and analysis of international legal frameworks allow for the adoption and integration of successful foreign practices in Ukraine, promoting a strategy of intensive economic development despite unfavorable factors, systemic issues, and risks. As the legal framework serves as a foundational element for the dynamic progress of any state, the relevance of this research is beyond doubt. The article focuses on the current state of legislation regulating public-private partnership in Ukraine and the need for its adaptation to today’s challenges. It explores the significance of PPP and the specific features of interaction between the state and the business sector. The main legal acts governing public-private relations in Ukraine are analyzed, and an original classification of normative documents forming the current regulatory system of PPP is proposed. Key regulatory and institutional barriers hindering the development of partnerships between the state and the private sector are identified, particularly at the level of territorial communities that have suffered significant losses due to the war. The article substantiates the main directions for improving the legal framework for the effective implementation of PPP projects, including strengthening state guarantees for private investors and adapting legal provisions to current challenges within the broader context of Ukraine’s recovery.