PUBLIC ADMINISTRATION OF INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PROJECTS IN THE POST-WAR RECONSTRUCTION OF UKRAINE: ORGANIZATIONAL AND LEGAL ASPECT

Abstract

The purpose of the article is to reveal the organizational and legal mechanism of public administration of infrastructure public-private partnership projects in the post-war reconstruction of Ukraine on the basis of the provisions of the Law of Ukraine "On Public-Private Partnership" of 19 June 2025 No. 4510-IX, which entered into force on 31 October 2025 and replaced the legislative model of 2010.

The research is based on the formal-legal method (analysis of the provisions of the new law and the acts adopted for its implementation), the comparative-legal method (comparison of national regulation with the provisions of Directive 2014/23/EU on the award of concession contracts), the system-structural approach (identification of interrelated components of the mechanism under study) and the method of analysis of law-enforcement practice (study of the first pilot projects in the social sphere).

It is established that the updated organizational and legal basis of public administration should be considered through four components: institutional (expansion of the range of public partners at the expense of territorial communities, detailing the competence of authorized bodies), procedural (differentiation of administrative procedures depending on the expected value, a simplified regime for projects up to EUR 5.5 million with the preparation of a concept note instead of a full feasibility study and a reduction of preparation time from approximately nineteen to twelve months, tenders through an electronic system), financial support (grants, financing agreements, participation of donors and international financial organizations) and control (monitoring, contractual quality indicators, accounting of long-term obligations). It is substantiated that the below-threshold value corresponds to the threshold of application of Directive 2014/23/EU, which testifies to the deliberate harmonization of national legislation with the law of the European Union. The first practice is analyzed, in particular the pilot project of construction of a multidisciplinary hospital in the city of Zhytomyr with the advisory support of the International Finance Corporation.

The effectiveness of public administration of reconstruction on a partnership basis is determined by a combination of three factors: timely adoption of secondary legislation implementing the new law, institutional capacity of public partners, primarily small territorial communities, and proper control over fiscal risks of long-term obligations of local budgets.