FORMATION, DEVELOPMENT AND CONTEMPORARY TRANSFORMATIONS OF THE LEGAL REGULATION OF PUBLIC-PRIVATE PARTNERSHIP IN UKRAINE

Abstract

The article provides a comprehensive theoretical and legal analysis of the evolution of the regulatory framework governing the institution of public-private partnership in Ukraine, from the period of gaining independence to the current stage of legislative reform. The relevance of the topic is determined by the need to attract private capital, managerial expertise, and technologies for the restoration of damaged infrastructure, the strengthening of state resilience, and the fulfilment of European integration commitments.

Based on formal legal, historical legal, and systemic approaches, the article proposes a periodisation of the evolution of the legal regulation of social relations in the field of cooperation between the state, other public institutions, and business. This periodisation is built upon a combination of two criteria: qualitative changes in the regulatory framework and the transformation of the terminological and conceptual apparatus, from the emergence of public-private partnership relations to the modern model of public-private partnership. Four stages are distinguished: the formation of regulatory prerequisites and fragmented regulation in 1991–2009; the basic systematisation of legislation in the field of public-private partnership in 2010–2018; the modernisation of public-private partnership and concession legislation on the basis of the implementation of EU law in 2019–2024; and the latest transformation since 2025, associated with the transition to a legislative model of public-private partnership.

It is substantiated that the replacement of the term "state-private partnership" with "public-private partnership" does not constitute a merely formal renaming, but reflects a broader understanding of the public party to the partnership and an updated functional purpose of this institution. It is established that the modern model of public-private partnership is focused on combining budgetary, grant, and private resources, using electronic procedures, and implementing projects in the defence sector and other socially significant areas.

It is concluded that the effectiveness of the updated legislative framework depends on the institutional capacity of public partners, the effectiveness of guarantees protecting the rights of private partners, and the development of consistent practice in the implementation of public-private partnership projects.