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Public Private Partnership. Concessions
There is no well-established legal practice in Ukraine for dealing with risks associated with government and business cooperation, in particular with public private partnership (PPP) arrangements. Even though “public private partnership” is now one of the most popular terms, it has no official interpretation. Neither are there any special rules or regulations that would secure comprehensive legal regulation of PPP arrangements in Ukraine.
Legal, economic and management-related aspects of PPP arrangements suggest that there must be a certain basic agreement between public and private partners that would be well in line with the specific aspects and objectives of their project and would meet the requirements of Ukrainian laws both for the provisions of the agreement and for its negotiation, execution and implementation procedures.
In this context, it is particularly important to choose the most appropriate form of a PPP agreement describing a clear mechanism for its practical implementation, well-defined criteria for its proper performance by all its parties and the consequences of defaults.
Integrites lawyers are experienced in arranging and supporting such PPP arrangements as joint venture agreements, concession agreements and product sharing agreements.
Integrites services in this area include:
- Advising companies on investing in public projects, drafting necessary documents and providing other support for public procurement arrangements, assisting in obtaining benefits and subsidies, and providing explanations on the requirements of public laws.
- Drafting necessary agreements and providing support for transactions with state and municipal companies, institutions and organizations, developing legitimate transaction and investment schemes, and supporting tender processes.
- Representing clients before governmental agencies in connection with obtaining patents, licenses, subsidies, compensations and in connection with certification and standardization arrangements, representing clients in courts in cases against governmental agencies and local self-government authorities.
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Public Private Partnership
Advising companies on investing in public projects, drafting necessary documents and providing other support for public procurement arrangements, assisting in obtaining benefits and subsidies, and providing explanations on the requirements of public laws:
- Advising companies on investing in public projects (construction and re-construction of various real property objects, public utilities, communication lines between cities and towns, and other facilities), drafting necessary documents and providing support in public procurement arrangements (including for priority public needs), price regulation, subsidies, compensations, special-purpose innovations, and tender processes.
- Advising on transactions with state and municipal companies and institutions and on acquisitions of companies with state shareholdings.
- Providing explanations on the requirements of public laws.
Drafting necessary agreements and providing support for transactions with state and municipal companies, institutions and organizations, developing legitimate transaction and investment schemes, and supporting tender processes:
- Developing contractual schemes for dealing with state and municipal companies, institutions and organizations, developing transaction schemes and monitoring their consistent implementation, and drafting concession agreements, public procurement agreements, joint venture agreements, lease agreements and investment agreements.
- Drafting tender documents for companies and governmental entities, as well as drafting other necessary documents for holding and closing tender and public procurement arrangements.
Representing clients before governmental agencies in connection with obtaining patents, licenses, subsidies, compensations and in connection with certification and standardization arrangements, representing clients in courts in cases against governmental agencies and local self-government authorities:
- Drafting necessary documents for obtaining patents, licenses, subsidies and compensations, as well as for implementing certification and standardization arrangements.
