The adoption of the law, as it is expected by its initiators, will balance the interests of the stakeholders, which should provide the conditions for increasing the volume of attracted investments for the modernization and creation of new infrastructure and the provision of quality socially significant services.

Airports, ports and highways are expected to be transferred via the concession.

In general, a concession is a form of public-private partnership that provides the concessionaire with a concessionaire the right to create and / or construct (new construction, reconstruction, restoration, major repairs and maintenance) and / or management (use, operation, maintenance) ) subject to the concession, and / or the provision of socially significant services in the manner and under the conditions specified in the concession agreement, and provides for the transfer to the concessionaire of a substantial portion of the operational risk, which covers ik demand and / or supply risk.

The state, represented by managers of state property, or the community, represented by local self-government bodies, may transfer the property only to legal entities - residents of Ukraine under a concession agreement.

Objects created and / or constructed by the concessionaire in the process of executing the concession agreement may also be transferred to individuals. The concession object may consist of the property of several balancing holders.

The object of concession may not be:

• state property, property of the Autonomous Republic of Crimea, communal property subject to the lease agreement, until termination of such agreement (except in a number of cases),
• state property used in the manufacture and repair of all weapons for the Armed Forces of Ukraine, other legitimate military formations, the Security Service of Ukraine.
  

The law establishes a transparent procedure for selecting a concessionaire (concession tender, competitive dialogue) that is in line with international best practice, in particular, “Typical legal provisions for privately funded infrastructure projects.

The possibility of involving advisers and independent experts in the preparation of public-private partnership projects in the form of a concession is planned.

Additional guarantees for concessionaires and creditors are being introduced, in particular, the provision of the concessionaire's right to replace the concessionaire with another concessionaire.

The procedures for allocating land for concession projects are simplified. Thus, in particular, the new law regulates in the Land Code the right of the concessionaire to the land.

Land plots required for public-private partnership (concession project implementation) and specified in the decision on the feasibility of public-private partnership (concession) and / or contract concluded under public-private partnership (concession contract) , are leased exclusively to a private partner, the concessionaire.

Other persons may receive the land only if the state partner or the concessionaire makes the decision to cancel the tender or to declare the tender to have failed.

The authorities of executive power and local self-government are obliged to transfer the land for the term of such concession agreement within three months from the day of the request.

Land parcels cannot be divided, merged with other parcels, pledged, privately owned and used until the transfer to the private partner (concessionaire) or decision by the state partner (concessionaire) to cancel the tender or declare the concession tender invalid. (if the land plot was formed before the tender announcement).

The transfer of buildings, structures and other real estate is grounds for termination of the right of permanent use of the land on which they are located and which are necessary for the implementation of public-private partnership (concession), except in the case of a construction concession (new construction, reconstruction and major repairs) ) and further exploitation of highways.

The right of use is terminated without the consent of the land user on the basis of the decision of the executive authority or the local self-government body at the request of the private partner, the concessionaire. At the same time as the termination of the right of permanent use, the plot is leased to the concessionaire.

Please note that with the coming into force of the Law on Concession, the Laws on Concessions of 1999, on Concessions for the Construction and Operation of Highways have lapsed.

It should be noted that the provisions on the use of the electronic trading system will come into force from the day of its functioning for holding the concession tender, competitive dialogue and publication of documents in the procedure of direct negotiations with the tenant of the state property transferred to the concession, but not later than October 1, 2020.