Regulatory Mechanisms of BusinessGovernment Interaction in the Field of Administrative Management: Global Practices and Opportunities for the State

Abstract

Global practice shows that sustainable development and functioning of a modern national innovation system without State-Private Partnership (SPP) in the field of socio-economic development is difficult. The SPP mechanism is designed to combine the resources and capabilities of the government with the capabilities of the business community of a particular territory. The main result of this synergy of efforts is the achievement of the goal of public satisfaction with a particular public service or sector in general. An SPP is a new concept in Ukrainian law. It has been established that scientific legal sources contain scattered theoretical studies of certain Public-Private Partnership (PPP) issues, but there has been no full-fledged, comprehensive study in legal science aimed at organizing the experience gained earlier. Having analyzed foreign legislation and practice at the current stage, we conclude that effective legal means can be used in the development of SPPs, which may vary depending on the specifics of national legal orders. Examples of such cooperation within the framework of relevant agreements already exist; therefore, further analysis and improvement of this activity is required. The purpose of the article is to analyze the potential of legal regulation of SPPs in the public administration system. Using the methods of comparative legal, formal legal and logical analysis, the author establishes that the approaches to regulation of such partnerships in Ukraine need to be modified, since sustainable development should provide long-term benefits to society. First of all, the author proposes a choice of stakeholders and forms of their interaction. Secondly, it is proposed that sustainable development goals should be included in the main project determinants. The article examines the peculiarities of SPP regulation in transport infrastructure projects and proposes to improve the existing legislation by clarifying the categorical apparatus and including aspects of sustainable development. The article suggests aspects of improving the Law of Ukraine “On State-Private Partnership”.