The Ukrainian Sea Ports Authority is interested in organising cooperation with potential investors for the implementation of joint / related infrastructure projects port industry development, as well as increased cargo handling in ports.
Areas of possible cooperation to the Ukrainian Sea Ports Authority:
— construction or reconstruction and further operation of hydraulic structures (berths, pier, moles, waves breakers, and other shore-proofing structures);
— construction or reconstruction and further operation of seaport terminals or transhipment complexes;
— construction or reconstruction and further exploitation of underwater hydraulic engineering structures (water areas of sea ports, raids, operating areas of sea ports).
Main forms of interaction between the state and business in the port activity field are:
– Concession
– Lease
– Joint ventures
– Investment project engaging the budgetary finances or without involvement of state support (private investments)
Concession
Concession embodies process of providing for the public needs by the authorized executive body or local self-government body on the basis of a concession agreement on a fee and time-scheduled basis to a legal entity or individual (business entity) a right to create (build) and (or) manage (operate) the concession object (timely paid ownership), subject to the acceptance by the entrepreneurial activity subject (concessionaire) of obligations for the creation (construction) and (or) management (exploitation) of the concession object, property liability and possible business risk.
Principal Laws and regulations:
Law of Ukraine № 2404-VI dated 01.07.2010 “On Public-Private Partnership”
Law of Ukraine № 997-XIV dated 16.07.1999 “On concessions”
Decree of Ukraine Chamber of Ministers dated 11.04.2011 № 384 «Several aspects of partnership arranged between the State and private business»
Decree of Ukraine Chamber of Ministers dated 12.04.2000 № 642 «On Approval of the Regulations concerning the Concession bids and agreements for the objects of State and municipal property subject the Concession»
Decree of Ukraine Chamber of Ministers dated 11.12.1999 № 2293«On Approval of the List of the objects of state and municipal property subject the Concession»
Lease
Lease or rent embodies the contract based on a fixed term paid use of the property necessary for the tenant’s business and other activities.
Lease – file to download
Detailed leasing algorithm can be found on the website of the Ministry of Infrastructure of Ukraine
https://mtu.gov.ua/content/orenda-mayna.html
Principal Laws and regulations:
Law of Ukraine № 2269-XII dated 10.04.1992 «On state and municipal property lease»
Law of Ukraine № 185-V від 21.09.2006 «On state property objects management»
Law of Ukraine № 2658-III dated 12.07.2001 «On property and property rights evaluation and professional evaluators’ activity in Ukraine»
Decree of the Ukraine Chamber of Ministers dated 31.08.2011 № 906 «On agreeing the state property lease bids procedure»
Decree of the Ukraine Chamber of Ministers dated 04.10.1995 № 786 «Methodology of the state property objects lease fees calculation and its distribution proportions»
Order of the State Property Fund of Ukraine dated February 15, 2013 № 201 “On approval of the List of documents submitted to the lessor to conclude a lease agreement for state property objects”
Order of the State Property Fund of Ukraine dated 23.08.2000 № 1774 «On lease agreements approval»
Order of the State Property Fund of Ukraine dated 03.10.2006 № 1523 «On Approval of the Procedure for providing the lessee with owners’ consent as to the State Property for the immediate improvement of the rented State Property»
Joint ventures
Under the agreement on joint activities, the parties (participants) undertake to work jointly without the creation of a legal entity for the achievement of a specific purpose. Such joint activity can be based on the pooling of contributions of participants (a simple company) or without the pooling of participants contributions.
Principal Laws and regulations:
Civil Code of Ukraine
Law of Ukraine dated 21.09.2006 № 185-V «On state property objects management»
Resolution of the Ukraine Chamber of Ministers dated April 11, 2012 No. 296 “On Approval of the Procedure for conclusion by state enterprises, institutions, organisations, and economic associations in whose authorized capital the State’s shareholding exceeds 50 % Agreements on joint activities, commission contracts, and commission for property management”
Resolution of the Ukraine Chamber of Ministers dated January 30, 1997 No. 112 “On Approval of the Regulation on the Procedure of State registration of agreements (contracts) on joint investment activities with a foreign Investor”
Investment project engaging the budgetary finances or without involvement of state support (private investments)
Investment project is a complex of measures (organisational, legal, administrative, analytical, financial and engineering), determined on the basis of the national system of values and tasks of innovative development of the national economy and aimed at the development of individual industries, sectors of the economy, production, regions, implementation of which is carried out by the subjects of investment activity using values in accordance with the provisions of the current legislation.
Obligatory state expertise is compulsory to investment projects implemented with the involvement of budget funds, funds of state enterprises, institutions and organisations, as well as at the expense of loans provided under state guarantees, other state support for the implementation of investment projects.
Principal Laws and regulations:
Law of Ukraine “On investment activity”
Law of Ukraine “On foreign investments status”
Law of Ukraine “On foreign investments safeguarding”
Decree of the Chamber of Ministers of Ukraine of 09.06.2011 № 701 «On Approval of the Procedure for the Investment Projects State Examination»
The Ukraine Ministry of Economic Development and Trade Order № 1279 dated 13.11.2012 ”On Approval of methodical recommendations to develop an Investment Project which implementation is eligible for State support granting”