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Management of special projects (compendium of lecture NUPSU)

Concession investment in Ukraine

The shortfall in liabilities of sovereign finance, the small liabilities of pre-credit credit by the banking sector and the small liabilities of foreign investment in the same period of time necessitated the need for more than the same amount of money.

Legal advice for the concessionary mechanism stipulated by the Law of Ukraine “On Concessions”, which is adopted by the method of public effectiveness of the sovereign and communal lane and the secured consumption of the population of Ukraine for goods (robots, etc.).

By this Law, it is understood that the right to ambush the regulation of the concession of the sovereign and the communal lane, as well as the understanding and order of the public health.

The Law of Ukraine “On Concessions”, vid 16 lipnya 1999, concession and remuneration (for paid and stringent ambush) sub-laws and laws, which are governed by the laws and regulations of the Republic of Belarus, is expressly granted by law. Such is the right to give authority to the authority of the vicarious authority and the authority of the secret self-determination, the sovereign and the communal lane, as well as the right to know and order the public health. The law provides for the transfer of the spheres of state gifts, the deception of the powers of the state, as well as the concession can be applied. Before the end, to complete the great list of entered galusic information infrastructure.

Concession - the transfer of the object of concession on the mind, the value of the concession agreement, which is laid down on lines no less than 10 times and no more than 50 times. Under the circumstances, think of the concession agreement by repairing the entire lines of this agreement, including hi-fi, as long as the law has been laid down by legislative acts, the rules have been established to ensure that the concessionaire is closed.

The law establishes the sphere of state dyalnosti, the rights of the sovereign and communal authorities of any kind can be pressed at the concession, the security: the operation and maintenance of automobile roads, the access roads, the important ports; communal statehood; transportation and distribution of natural gas; virobnitstvo that (abo) transport elektroenergії; nadannya of the servants of the Moscow huge transport; in the operational and operational spheres; in the sphere of cable TV tower; a string; postal servants; ritual servants; a servant who was entrusted with the work of warmth. For the rights of communal power to the May Councils, you may also be introduced to the following spheres of state administration.

Prior to concessions, it is necessary to establish lane of business, yak є tsіlіsnіmnym lane complexes, the area of ​​incomplete work and conserved, as well as can be specially commissioned for further consideration. In addition, the Law of Ukraine “On Concessions” provides for the right to abolish the concession as well as the right to provide security services in the designated areas of government activity.

The rights of sovereign and communal power may be transferred to a concession less on a competitive basis. In order to conduct a competition, the competition is approved; The results of the competition will be confirmed by the protocol of the competition, on the presentation of a concession for the adoption of the agreement, on the concession of the competition and the competition for the preparation of the draft agreement for the further settlement.

Until the end of the mind of the concession agreement, signed by the Law, to establish the financial understanding of the concession agreement; think of the land of the land; change of view of dyalnosti, health and beauty; Umovan vstanovlennya that zmіni price; lines of agreement to the concession agreement, understand and swear the policy of the concession agreement and the procedure for compensation of the validity of the concession policy; Remember, rozmir і the procedure for making concession payments; order vikoristannya depreciation vіdrakhuvan; vdnovlennya concession and mind turn; відповідальність for the vicarious parties to the goiters'yazan; insurance by the concessionaire about the concessions, taken from the concession; order of renewal and renewal of the contract; the order of the dispute between the parties and that.

Among the basic principles of duality, the obligations of the concessions and the payment of concessions. The concessionary payment shall be paid by the concessionaire one by one until the minds of the concession agreement, it is irreplaceable that the state is granted state insurance and insured to the sovereign budget. At the same time, the concession shall be granted in accordance with the Law to the concessionaire of lower and more profitable concessions, may be more important than the social payments, the benefits shall be paid to them and the contract will be paid.

The Law of Ukraine “On Concessions” has transferred the registration of concession agreements. Register of Concession Agreements by the Fund of the Sovereign Lane of Ukraine.

The transfer of rights to the concession is at the line and on the minds of the concession agreement, without violating the rights of sovereign power. Mine, aiming at the end of the drain of a concession agreement, under the law of the sovereign and communal power. The concessionary man has the right to enter the Vitrat, who has been seized at the beginning of the convention, for concession, for the wraps of the deceased surrender, but not transferred by the concession agreement.

The special features of the concessionary activities in the areas of state dospariality may be recognized by special laws. So, especially the concession for the business of the automobile road (s) of the ignorant corridor and the support of the signatory of the Law of Ukraine "On the concession for the business of the car."

Zastosuvannya to the mechanism of concession is a number of overstatements in particular with the existing mechanisms of credit:

for kontsessіdavtsya:

- saving control over the object transferred to the concession;

- saving concession in the state power and communal authority for the period of the concession agreement;

- rewind of hair loss on the main strategy of concession development, formative price and tariff;

- the ability to develop a concession agreement without getting low cost money;

- vibration of the concessionaire, a kind of mindfulness of the development of the concession agreement on a competitive basis;

- the removal of concession payments;

- Security of the effective victorious sovereign and communal lane.

For the concessionaire:

- the right to renounce power to the municipal commune mino to the pre-term term period of 10 to 50 times;

- the ability to express a concession is not out of the blue, ale, and the right to provide singing services for children, and the very same: to give the servants a call, postal, transport, and communal services;

- mozhlivіst zdіysnyuvati іnvestuvannya in realіzatsіyu dovgostrokovih іnvestitsіynih proektіv ob'єktah on the right is the State komunalnoї vlasnostі y viznachenih CIM law areas gospodarskoї dіyalnostі, zokrema, in areas such yak energopostachannya, communal Gospodarstwa i zhitlove, budіvnitstvo that ekspluatatsіya avtomobіlnih dorіg, transportuvannya gas toscho ;

- stability of the minds of the concession agreements for the entire line of agreements, inclusion of the agreement until the end of the contract, of the minds of the law, of the minds of those regulations between the laws for the benefit of the parties;

- the right of ownership to a loss, refusal to govern the concession, as well as to production, to be terminated as a result of the conclusion of the contract;

- the right to complete vitrification, zroblenich at zvyazku with polypshenyna mine, condemned to concession, for the wraps of the reprieve of a surcharge, but it is not transferred by concession agreement.

In addition, concessionaires of low-income and low-profitability concessions, may be more important socially important, you can press on loans for concessional payments, as well as subsidies and compensations. In the private finances of such objects, the fate and fate of the power and the organs of the government is transferred.

By way of the implementation of the Law of Ukraine “On Concessions”, the legal framework has been drafted, which is necessary for the provisional mechanism, a certain permission to get the money from the investment and the concessions to the last concessions:

Provision on holding a concession competition and laying down concession agreements on the rights of the sovereign and communal authorities, as well as relying on the concession (resolution of the Cabinet of Ministers of Ukraine on 12th quarter of 2000, No. 642);

Model concession agreement (Decree of the Cabinet of Ministers of Ukraine for the 12th quarter of 2000, No. 643);

The procedure for drawing up concession payments (decree to the Cabinet of Ministers of Ukraine on 12 April 2000. No. 639 зі Змінак від 07/26/01 No. 868.

Regulations on the registry of concession agreements (decree of the Cabinet of Ministers of Ukraine on 18. October 2000, No. 72).

The procedure for the recognition of concession terms and conditions, concessionaires may be paid on the basis of concession payments, grants, compensation and wisdom on the basis of the decree of the Cabinet of Ministers of Ukraine on April 13, 2000, No. 1114).

Assigned documents to resolve the need to reassure the mechanics of the concessional activities, to allow them to get the same amount of money from the time of the investment, reconstruction and technical reconstruction.

The first investment project, which is to be implemented in Ukraine for the principle of concession - work and the operation of the new toll road Lviv - Krakovets, 83.4 km long between the international transport corridor No. 3 (Berlin - Kiev - Kiev).

Концесієдавець - Мінтранс

Concessioner - Consortium "Concession Transport Magistral"

The concession agreement for the right to work, a flat fee for the operation and operation of a new highway Lviv - Krakovets is registered by a penalty to the Fund of the sovereign mine of Ukraine vid14.11.2000r. No. 2370

Termіn kontsesії - 45 rokіv (23 babies 1999 rub. - 23 babies 2044 rub.)

Funding of the road will be transferred to health for a concessionaire racer for 60% and for a racket for the state powers 40%

Introduction to road exploitation - 2006 rivers.

Literature

  1. 1. The Law of Ukraine "On Concessions", type 14, 1999, Noku N 1286-ХІУ
  2. About the order of acquiring and borrowing foreign loans, turning them over to be guaranteed by the Cabinet of Ministers of Ukraine, and completing the system of acquiring the most important financial resources and servicing the old sovereign borg. - Postanova Kabinetu Ministrіv Ukraine vіd 5 grass 1997 p. N, 414.
  3. Investment design: a practical guide to the economic feasibility of investment projects./ Ed. Shumilina. - M .: JSC "FinanceStinform", 1995.240 s.
  4. Shapiro V.D. Project management (foreign experience). - St. Petersburg: “Two Three”, 1996. - 610s.

Nutrition for re-knowing:

  1. Describe the surrenders and shortcomings of contracts with a firm price.
  2. Describe the overruns and shortcomings of the contract with the Vitrat.
  3. How effective is the organization of material and technical security projects?
  4. What is the role of the head calendar plan in managing budgets?
  5. Yakі rozdіli povinnna mіstiti Budіlnova part of the head calendar project plan?
  6. What does a residual (technical) project mean?
  7. What are the functionalities of the project for the project manager on business?
  8. Describe the main ways of organizing everyday work.
  9. Describe the day-to-day negotiation and special appreciation in business.
  10. What is the advantage of credit guarantee of the Cabinet of Ministries of Ukraine?
  11. Yak zdіsnyuєts state expert examination of projects, for realizatsіy yakuchyuyutsya foreign loans and guarantee guarantees to the Cabinet of Ministers of Ukraine?
  12. Describe the functions of the organization and organization, so as to take part in the state expert examination of investment projects and programs.
  13. Yakі zobov'yazannya carry pozichnik credit vidanogo pіd guarantor ryadu?
  14. Describe the day and night of concession in Ukraine.
  15. Why do you reckon with the concessions in the future with the most advanced forms of credit subnational grants?