Legal Regulation of Public-Private Partnership Relations

Course: “Law”

Structural unit: Education and Research Law School

Title
Legal Regulation of Public-Private Partnership Relations
Code
Module type
Вибіркова дисципліна для ОП
Educational cycle
Second
Year of study when the component is delivered
2021/2022
Semester/trimester when the component is delivered
3 Semester
Number of ECTS credits allocated
2
Learning outcomes
Achievement of such competencies, skills and abilities as the ability to apply general and special knowledge of the theory of public-private partnership; ability to conduct research on the choice of optimal forms of public-private partnership taking into account the specifics of the practical situation, the ability to competently and accurately formulate and express personal position, properly substantiate it, participate in a professional discussion; ability to draft agreements that mediate public-private partnerships; ability to solve complex problems in the field of lawmaking and law enforcement; ability to make well-grounded decisions on the application of economic and legal norms in resolving controversial issues that arise with regard to public-private partnerships; ability to evaluate the latest legal tools
Form of study
Full-time form
Prerequisites and co-requisites
Know the main aspects of the formation and development of various forms of cooperation of the state / territorial community with private business; economic legislation regulating such forms of cooperation; special concepts and terminology; literary and legal sources on the problems of legal regulation of public-private partnership relations, including under the law of the European Union. Have basic skills of drafting an agreement that mediates public-private partnerships, taking into account the specifics of the practical situation and the application of economic law to resolve disputes arising during the formation, modification and termination of public-private partnerships, and giving legal advice at different stages of establishing public-private partnership relations, in particular, possible ways to protect the rights and interests of both public and private partners.
Course content
The discipline focuses on the general theoretical principles of public-private partnership: concepts, principles, types and forms of regulation of public-private partnerships; contractual form of public-private partnership; the procedure for concluding, performing and terminating agreements that mediate public-private partnerships; concession model of a public-private partnership; other agreements that mediate public-private partnership relations; corporate forms of a public-private partnership. The discipline stipulates in-depth study of current legislation of Ukraine which regulates the activities of public-private partnerships, legal literature, basic concepts and special terminology.
Recommended or required reading and other learning resources/tools
A Public-private Partnership: a manual / ed. Pirozhenko N.V. Kyiv.: Training and Methodological Center "Consortium for Improving Management Education in Ukraine", 2016. [Electronic resource] // URL: https://issuu.com/ceume/docs/ppp2016_web1 Vinnyk O.M. A Corporate Form of a Public-private Partnership: problems of legal support in light of foreign experience: a Monograph. Sumy: McDen, 2012. - 204 p. Kruhlov V.V. Mechanisms of state regulation of public-private partnership development in Ukraine. Dissertation for obtaining the scientific degree of Doctor of science in public administration by the specialty 25.00.02 – Mechanisms of public administration. Kharkiv regional institute of public administration of National academy of public administration by the President of Ukraine, Kharkiv, 2020. 210 p. Scientific and Practical Commentary on the Economic Code of Ukraine / ed. V.S. Shcherbyna, N.B. Patsuria, et al. Kyiv: Yurinkom Inter, 2019. 816 p.
Planned learning activities and teaching methods
Types of classes include lectures and seminars, as well as independent work of students. The following teaching methods are used: verbal (explanations, educational discussions, etc.), visual (illustrations and demonstrations, PowerPoint presentations), practical (reports on individual tasks, case study, questioning). Interactive technologies: cooperative learning, group learning, technologies of situational modelling, technologies of discussion questions analysis
Assessment methods and criteria
At the first seminar, each student receives an individual task to prepare and report on the topic set in the task. The teacher sets a schedule with the deadlines for each student to make a report on the topic of their individual task. The tasks include solving the problem in two stages. The first stage involves the completion and writing of the task. The second stage is the presentation of the result of the task at the seminar, its discussion and assessment. If a student is absent from a seminar for a valid reason, s/he may complete the missed class at the time specified by the teacher by means of resolving a problem. Missed classes may be completed within 10 (ten) calendar days from the date of the completion of the reason for absence. Points for missed classes are not awarded.
Language of instruction
Ukrainian

Lecturers

This discipline is taught by the following teachers

Iryna Kravets
Department of economic law and dispute resolution
Education and Research Law School

Departments

The following departments are involved in teaching the above discipline

Department of economic law and dispute resolution
Education and Research Law School