STATE GUARANTEES IN THE SYSTEM OF IMPLEMENTATION OF PUBLIC-PRIVATE PARTNERSHIP PROJECTS

Abstract

The article deals with the regulatory and legal regulation of the operation of state guarantees within the framework of the realization of public-private partnership projects. Attention is paid to scientific approaches to the definition of state guarantees, to the clarification of their role and purpose. The state of regulatory support for their implementation in investment and public-private partnership projects is separately analyzed. It is established that the concept of state guarantees is not clearly defined within the framework of the current regulatory and legal regulation, and the actual mechanism for their implementation depends on investment, budgetary, innovative, and financial planning. The legal nature of state guarantees is complex and depends on the degree of scientific understanding of the nature of economic relations, mechanisms of public administration, and budgeting processes, which indicates additional arguments in favor of the need for a clear definition of definitions and order in legislation. It was found that the conditions for the realization of public-private partnership projects, which are aimed at solving infrastructure needs and actual problems in the sphere of state functioning, must take into account the interests of both parties - public and private entities, and therefore, state guarantees are an effective mechanism that performs an auxiliary function in the process of achieving a socially beneficial goal. Today, the legislative provision of state guarantees within the framework of the realization of public-private partnership projects boils down to the fact that such guarantees are one of the mechanisms of state support, which in a certain way balances the legal statuses of the parties, however, the definitive scope of both concepts in the law "On Public-Private Partnership" is absent. One of the promising areas of further research within the proposed subject and with the aim of improving the effectiveness and efficiency of public-private partnerships is the development of a clear procedure and criteria for selecting projects that receive state guarantees, with mandatory compliance with the requirements of anti-corruption legislation and international norms regulating the implementation of investment projects in the national economy.