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Oleksandra Pavlenko participated in the round table on public-private partnership

27.05.2010

On May 21, 2010 in the Verkhovna Rada of Ukraine was held a round table “Public-Private Partnership as an Incentive for Economic Development of Ukraine”, organized by the parliamentary Committee on Industrial, Regulatory policy and Entrepreneurship. This event was attended by Members of Parliament of Ukraine, representatives of NGOs, profile Ministries, lawyers, economists and experts in the field of PPP.

At the round table a vivid discussion concerning the problems of PPP in Ukraine took place. Nataliya Korolevska, Head of the Committee and Kseniya Lyapina, member of Parliament, delivered an opening speech at the round table. Problems of passing the Draft Law on PPP through the Parliament of Ukraine, as well as the important factors, including political, impeding the development of PPP in Ukraine have been discussed.

One of the most outstanding speeches at the round table was delivered by Oleksandra Pavlenko, attorney-at-law, partner with Pavlenko and Poberezhnyuk Law group, legal counsel to Sergiy Tigipko, leader of “Strong Ukraine” political party, Vice Prime Minister for Economic Affairs. In her speech, Oleksandra Pavlenko raised important legal issues on the correct formulation of subject composition of agreements for PPP projects in the Draft Law, the ratio of the subjects’ powers with civil law, determination of "future" of property rights to the objects of PPP, which will be the subject of joint investment. She stressed that one should not deprive the private investor of the opportunity to acquire property rights to the objects, which will be upgraded jointly with the government. Despite the fact that property rights are always subject to manipulation, such an opportunity should be introduced in the Draft Law, but it should be determined by the specific factors and conditions, otherwise PPP would lose the principle of mutually beneficial cooperation between the government and the business. In addition, she has raised questions on the ratio of civil, economic legislation with the planned legislation on PPP.

"With regard to political factors that influence the development of PPP in Ukraine, Pavlenko noted that the Draft Law in Parliament is not actively promoted, as it is expected by investors and private business. Therefore, at the current moment it is necessary to seize the initiative from Parliament to the Cabinet of Ministers. As Tigipko is the Vice Prime Minister for Economic Affairs, we will do everything possible to shift the working group on drafting a law on PPP from the Parliament to the Cabinet of Ministers, including participation of those parliamentarians who support the Draft Law, noticed Pavlenko in her speech.