Means of Self-regulation in the Institutional Public-private Partnerships

This article is devoted to the problems of self-regulation in the institutional public private partnership (PPP), including means such as contracts, statutory and internal documents of the PPP’s participants relations, recommendatory acts. Regulation of relations PPP carried out at different levels and by different means. The purpose of this regulation is to ensure the balance of legitimate interests of the major participants in the PPP relationship: entities, their creditors and partners, customers, economic
competitiveness, organizations of professional commodities markets, which introduced the PPP. There are two main levels of regulation of relations PPP: self-regulation (at the level of the participants of this relationship) and external regulation on such entities (public, in particular). In terms of civil society it is acquired particular signifi cance of self-regulation. The oldest means of self-regulation are contracts, that ensure the emergence, change and termination of the relevant relations, are constituent and internal documents of the participants in these relations. In this regard, particular attention is paid to the PPP agreement, the founding documents of the joint venture partners in the form of institutional PPPs, recommendatory acts and other means
of PPP’s self-regulation. Ukrainian and foreign PPP legislations are analyzed, problems of legal regulation of institutional PPP’s relations in Ukraine are detected and some solutions to these problems are offered. In particular, it is proposed to supplement the Law of Ukraine on PPP the provisions of institutional PPP, means of self-regulation, the requirements for PPP agreements/contracts, joint venture statutes of institutional PPP and the role of recommendatory acts in establishing PPP relations.