International Law Offices Interlegal, a member of consortium jointly with the Dutch company MTBS, made a report on the 5-7th of December in the Ministry of Infrastructure of Ukraine, having highlighted legal aspects of implementation of the Law on Sea Ports, investments in port field and concession agreements as main legal form of relationship between state and business.
The Ministry of Infrastructure has organized training seminar Investments and State and Private Partnership in Port Field with the international consulting company PortFinanceInternational и MTBS involved.
Among the seminar participants there were managers and experts of the Departments of the Ministry who develop and implement directly the concession mechanism in Ukraine and the representatives of ports of Ukraine.
During three days the participants studied work experience in concession projects in the leading European countries: Belgium, the Netherlands, England, starting from selected strategy and legislative grounds for preparing tenders and making contracts.
The seminar organizers mentioned, ‘MTBS holds similar training courses in many countries, both of Europe, Asia and former USSR. They are rated mainly on the representatives of state structures and managers of port administrations because for private investors there are quite other events are held, with the same topic but with another point of view. If we speak about countries such training courses are held in England, next week they are planning to be held in UAE, in the end of the year in France. It is regular activity’.
Artur Nitsevych, the managing partner of the International Law Offices Interlegal says, ‘In order to attract the investor we need to understand the state and we need a law component, i.e. cover. Today such law cover necessary for attracting the investments in the port field is not so perfect. The Law on sea Ports has been adopted but it is only the first sign for the foreign investors which means that in general we are ready to talk about investments. But if they come tomorrow with ideas and capital, we cannot even explain, how to realize such projects in Ukraine’.
The expert has mentioned, ‘Now we need to change a lot among the profile laws and it is a large work we need to conduct today. Unfortunately we do not have enough balance of understanding from state authorities because the country has been existing for 20 years and there is no way of destatization and understanding what the state property is, not to speak of transfer of state objects to the investor in exchange for attracting investments, money involving into the economy, for creation of working places’.
But Bouckaert Steven, the Senior Manager of MTBS that there are problems in each country with the similar course. He summarizes, ‘Now I can indicate on two problems. First one is the problem of concession assessment, second is the legislative basis which regulates land assignment for use within the concession agreement. It is the second problem which exists in each country in different rates. Both problems can be solved with a right approach”.
MTBS (maritime & transport business solutions) is a lagre international company specialized in financial and strategic consulting which offers commercial business solutions for clients of maritime and transport fields. It is specialized in the field of ports and terminals. Its headquarters are situated in the port of Rotterdam.
One block was devoted to the law aspects of implementing concession agreements and procesures.
The partners of the course were the companies which showed themselves as potential investors in port field, as well as large consignors: Royal Caribbean Int., HPC Ukraine, Brooklyn-Kiev, Portinvest and Donetskstal. MTBS holds similar training courses in many countries, both of Europe, Asia and former USSR. They are rated mainly on the representatives of state structures and managers of port administrations.
reference: Interlegal – constant speaker of PFI conferences.
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