Public-Private Partnership

Despite Ukraine’s traditional priorities on privatization, the alienation of state assets often becomes a controversial decision that is not usually well-accepted by politicians, society and the expert community. The objective need to improve management, as well as to modernize transport infrastructure objects, has become an additional motivation in promoting public-private partnership projects that do not provide for the transfer of ownership of state property. Transport, communal and social infrastructure, energy, as well as culture, sports and tourism are industries that operate on the basis of state and communal ownership. These and other areas need to be developed based on attracting private investment and management experience.

Why AGRECA?

AGRECA lawyers have longstanding expertise in public-private partnerships, including on concession terms. Experience gained by the company’s lawyers in the preparation of investment projects for the development of port, road, railway and airport infrastructure, constant monitoring of relevant legislation, involvement in the preparation of amendments to legislation on public-private partnerships and concessions, as well as active participation of lawyers in relevant committees of the American Chamber of Commerce in Ukraine and the European Business Association allow the firm to provide legal services at the highest professional level in the process of implementing public-private partnership projects.

Our experts are constantly improving their professional skills through training in public-private partnership programs based on international certification, which allows them to act as consultants to both the Government and the private sector.

Our services include legal support in:

  • development on behalf of a private party of a preliminary feasibility study of a project, including project identification and its screening
  • preparation of the offers from private companies regarding the implementation of investment projects based on public-private partnership, including preparation of project complete feasibility study
  • development on behalf of a private party of a feasibility study of a project
  • transaction structuring (defining the financial and risk structure, distribution of responsibilities and liabilities between public and private partners) and development of tender documentation and draft PPP/concession agreement
  • organizing and conducting tenders and determining the best offer
  • preparation of the application for participation in tenders and development of tender offers, representation of interests of the participant during participation in tender, including negotiations when signing the PPP/concession agreements
  • fulfillment of preconditions of the transitional period of PPP/concession agreements
  • management of PPP/concession agreement during construction, operation and maintenance of PPP/concession facilities.

Sectoral competencies

Advantages of working with us

Ability to scan a business task or project in a 360-degree perspective

Operational estimate of risks and opportunities of a project, transparent cooperation economics

Extensive practical experience of support of various turnkey projects

Strong contact database of stakeholders and experts on specialized issues