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Public-private partnership

Over the years, law company «Aleksey Pukha and Partners» is a consultant in the field of public-private partnership for major investment projects. During our practice we have developed unique solutions, which allow taking into account the interests of investors and private partners. Our team of experts constantly monitors the requests of public partners in the field of energy and natural resources, production, sale and supply of thermal energy, construction, modernization, reconstruction, repair of infrastructure, real estate management, heavy engineering, the application of energy-saving technologies, hazardous waste management, the provision of social services, as well as projects in the health sector.

Lawyers of «Aleksey Pukha and Partners» advise clients and provide legal services in different areas, which include:

  • advising on the possible use of public-private partnership with the requirements of the industry and the public partner`s request;
  • evaluation of the private partner and the financial organizations to participate in public-private partnership;
  • development of schemes of realization of the investment project, taking into account the interests of theirs participants and most advantageous cooperation;
  • evaluation of legal risks (due diligence) the use of schemes of realization of the investment project in particular sector and the assessment of the public partner;
  • formation of legal, financial, technical, procedural requirements of the project with a view to the most effective implementation and to build collaboration;
  • participation in the development stages of the evaluation of the effectiveness of the project's financial model, defending the interests of the private partner in the preparation of the accompanying regulatory documents;
  • legal support of the organization of the technical, financial partners, support the negotiation process;
  • determination of mechanism and scheme of entering into a public-private partnership agreement with regard to the role of the private, technical, financial and public partner in the project;
  • contract preparation on public-private partnership: sharing the risk of the partners and theirs participation in the project, the definition of responsibilities of partners at the stages of the project, identification of ways of financing and exit from the project, the interaction between private and public partners, the division of spheres of influence in the project, the jurisdiction of the other questions;
  • inclusion in the treaty mechanisms which allow to protect the investor`s interests and State guarantees;
  • advising on the development stages of the tender documentation and preparation of the private partner to participate in the tender procedure, the formation of the highest requirements to the participants of the project;
  • legal support of the conclusion of the contract of public-private partnership and project control software for its implementation;
  • legal support to ensure that the public partner contract requirements, as well as the implementation of the agreement at all stages of project implementation; ensuring the implementation of the preparatory part of the project;
  • organizing cooperation with participant’s project and work with regulatory authorities, as well as with other business entities;
  • report preparation on the implementation of project and representation interests of the investor and the private partner on the interaction with project participants;
  • providing mechanisms exit partners of the project and minimize the risks.

The experience of our lawyers and experts allows providing legal services of high quality and providing maximum customer interests. We always take part in the development of the regulatory framework in the field of public-private partnership. Our experts participated in the preparation of the Law of Ukraine «On public-private partnership» of 2010 as well as the most important amendments to the Law «On Amendments to Some Laws of Ukraine regarding the elimination of regulatory barriers to the development of public-private partnerships and encourage investment in Ukraine» from 2015.

We are constantly tracking the development of public-private partnership in Ukraine and it`s trends in the world markets maintain business contacts with USAID, The World Bank Group, CREAM, as well as global funds, local organizations: Development Commission of public-private partnership with the Ukrainian Union of Industrialists and Entrepreneurs, the Commission representation at the International Chamber of Commerce, Association of experts in the field of public-private partnership about the development of public-private partnerships and the implementation of projects.

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