Areas of Application of Public-Private Partnership: Specific Legal Regulation Issues

The article is devoted to exploring the current issue of the lack of widespread application of public-private partnership in certain areas in Ukraine. The author points out the dependence in the legislation on public-private partnership between the decision of the public partner and the choice of the sphere that the private partner wishes to select. The article concludes on the necessity of complementing national legislation with various spheres where public-private partnership can be applied. These include the agricultural sector (agriculture), land relations, security and defense sector, housing and utility services in the context of construction and housing operation, as well as prevention, response, and minimization of the consequences of emergencies of technological, natural, and socio-political nature. Examples are provided to demonstrate the relevance of applying public-private partnership to spheres not mentioned in legislation regarding public-private partnership. In particular, an example is given of the presence of information on public-private partnership in documents of the National Security and Defense Council of Ukraine, the Ministry of Internal Affairs, Decrees of the President of Ukraine, etc. In addition, the author points out the problematic issues regarding the lack of proper regulation in the agricultural and land relations sectors, defense and security, as well as housing construction. The problems in these areas are caused, among other things, because of the absence of balanced state policies in the agricultural sector and land use. The lack of proper housing policy and a new Housing Code is also noted. The absence of the defense sector is also mentioned in the provisions of draft law No. 7508, adopted in the first reading in 2022. At the same time, to confirm the necessity of applying public-private partnership in the field of prevention, response, and minimization of the consequences of emergencies of technological, natural, and socio-political nature, the author cites an example from Japan, which is mentioned in the World Bank guide as the successful implementation of public-private partnership regulation.