Third CIS Local Counsel Forum Doing Business with the State- PPP Saint Petersburg, June 27, 2008 Wolfram Rehbock Arzinger & Partners Business Centre Iceberg.

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Presentation transcript:

Third CIS Local Counsel Forum Doing Business with the State- PPP Saint Petersburg, June 27, 2008 Wolfram Rehbock Arzinger & Partners Business Centre Iceberg Zhylyanska str. 75 UA Kyiv, Ukraine

Brave to be different

Arzinger & Partners UA – Information Kyiv office - established in 2002 Lviv office - since October 2007 Main fields of activities:- Corporate Law (M & A) - Real Estate & Construction Law - Antitrust & Unfair Competition - Banking & Finance - Tax - IP - PPP -Arbitration Languages: German, English, Spanish, Dutch, French; Ukrainian, Russian

Content I.What is PPP? II.Spheres of PPP III.Pro & Contra III.PPP in Ukraine

I. What is PPP?

Rumors PPP Law Risk sharing- Who controls takes the risk- principle Private administration of public tasks

II. Spheres for PPP

Essential state duties According to Constitution Controversial spheres: Healthcare Education Railways Prisons City administration Air traffic control Unproblematic spheres Motorways (Air-)Ports Municipal services

III. Pro & Contra

PROCONTRA Additional financial resources Optimized risk sharing Experience/Know-how/Efficiency (Business > Administration) Long during guarantee and best service Avoidance of corruption Compact solution Financing & Know-how Construction & Project Management Operation & Service Preparation more time-intensive Preparation more cost-intensive Lower credit rating PPP versus Public Procurement

IV. PPP in Ukraine

1. Legislation Draft of PPP Law Redrafting of Law on Concession Redrafting of Law on Concession for Road Construction But: Do we need special legislation?

2. Difficulties Shortage of time until 2012 Long-term partnership public element in Ukraine unreliable Municipal services social policy versus price policy

Thank you for your attention and endless patience!