The role of public-private partnerships and cross-border cooperation in the regional development of Ukraine: constitutional and legal aspects

Abstract

The study is dedicated to the constitutional and legal aspects of public-private partnership and cross-border cooperation as strategic instruments of sustainable regional development of Ukraine in the context of decentralization and European integration. The relevance of the topic is due to modern challenges: the economic crisis, the shortage of budgetary resources, the need to modernize infrastructure and overcome the consequences of war destruction. Based on the use of a combination of methods such as comparative legal analysis, logical analysis and systemic-logical analysis, public-private partnerships are viewed as an innovative tool that allows the resources of the state and the private sector to be combined to create or modernise infrastructure facilities, while maintaining state control over strategic assets and ensuring optimal risk distribution. Cross-border cooperation, in turn, is perceived and defined as a specific form of international activity of regions, the main purpose of which is to mitigate the constraining influence of state borders, as well as to promote the development of so-called Euroregions and cross-border clusters.

The provisions of Ukrainian laws relating to the subject of the study are analysed, as well as the compliance of their norms with European standards, in particular the acquis communautaire and the European Framework Convention on Cross-Border Cooperation. Progress has been made in the formation of the legal framework (focusing on transparency, equality, and efficiency), but risks are also noted regarding the practical application of mechanisms at the regional level. Special attention is paid to the importance of public-private partnership in post-war reconstruction, where it acts as one of the mechanisms for rapid restoration of infrastructure and ensuring humanitarian security of local communities. This concerns both the reconstruction of facilities and the creation of ideas for the stable development of regions and the prospect of post-war recovery.

It is proposed to improve constitutional and legal regulation by eliminating regulatory conflicts, clearly delimiting competences between central and local authorities, and creating regional partnership support centers. Development prospects are associated with the transition to a partnership model of public authority and the implementation of the concept of "Europe of Regions".

The research is aimed at scientifically substantiating mechanisms that increase the institutional capacity of territorial communities as subjects of economic and international relations.