LEGAL REGULATION OF CONCESSION RELATIONS IN THE PORTS OF UKRAINE: REALITIES AND PERSPECTIVES

Abstract

The article considers topical issues with which maritime industry facing with the beginning of reform. The author analyzes the views of experts on the need to denationalize seaports and internal shipping ways in order to attract investments for the port industry of Ukraine. The author provides an analysis of such concepts as port privatization and concessions relations in the ports. In the course of the research, the models of public-private partnership were considered and was determined that the concession model is the best option to attract investments in the seaports of Ukraine while equally satisfying the interests of public and private parties. It is noted that ports are important element of the national transport infrastructure, which employs many private port operators, along with public stevedores. International experience shows that the work of the private stevedoring sector is the most effective, but it is necessary to create a legal basis for this. The article notes that one of the most effective forms of foreign investment in port infrastructure and port development is the concession. Issues of privatization of seaports were also analyzed. It is established that the Law "On Concession" reformed the procedure for conducting the concession tender, the procedure for calculating concession payments and more. Attention is paid to the concept of concession, its main features. The procedure and conditions for concluding a concession agreement are analyzed, the basic concepts and essential conditions of the contract are defined. The expediency of introducing concession relations in the seaports of Ukraine is substantiated. It was noted that with the help of concessions it is possible to attract fundings for the infrastructure of seaports, create jobs, fill the state budget, help local authorities. The author analyzes the views of experts that to realize the full potential of concessions, it is necessary to take measures to create a favorable investment climate, attractive conditions for private investors-concessionaires, in particular, by improving the judiciary, protection of property rights, taxation and public administration.