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The Marshall Plan for Ukraine: open issues

23 May, 2022

289

For several weeks, the Ukrainian and world media have been discussing the plan for recovery of Ukraine, as called by journalists and economists the Marshall Plan by analogy with the well-known plan to help Europe after World War II. 

It is extremely important for Ukrainian society to understand several key issues regarding this plan. 

Strategic triangle 

First of all, today Ukraine faces three priority tasks to be fulfilled: 

  • Reconstruction: rebuilding destroyed infrastructure, housing and manufacturing to help a country recover from war. 
  • European integration: acquiring the status of candidate, followed by membership of the European Union. 
  • Modernization: a set of changes aimed to move the country to the next level of development. 

Such three processes should be launched preferably in parallel. But the main problem is that they contradict to each other. It is not so obvious to everyone, so let us take a closer look. 

Reconstruction requires for decision-making as soon as possible, preferably the cheapest ones. European integration requires for correct solutions that meet EU standards. Modernization requires for sustainable solutions, next-level solutions being expensive and slow. Such three factors cannot be implemented simultaneously; usually even two of them are inaccessible at the same time. 

For example, there is a problem of destroyed housing. Reconstruction needs to give all those displaced by the war the cheapest and the simplest housing as soon as possible, in other words, housing in cardboard boxes for everyone. Such temporary solutions can define face of the Ukrainian cities for over a century, like previously Khrushchev-era apartment blocks facilitated housing for millions of people who lived in barracks, basements and dugouts. European integration does not allow such quick and simple solutions, because they may cause significant economic and social problems within a few years, starting with excessive energy consumption and environmental risks, up to ghettoization. Modernization in general needs, first of all, thinking over the demographic situation and demands of future Ukraine; therefore, it requires for making slow and balanced decisions. But if all the funds are spent on reconstruction, modernization will never happen. 

Another crucial aspect of this triangle is economic freedom. Modernization requires for maximum economic freedom in order to include creative energy of millions of Ukrainian men and women, to give them an incentive either to come back or not to leave. On the other hand, economic freedom attracts foreign investments; without them a fundamental increase in labor productivity aimed to enrich the country is impossible. In turn, European integration requires for restrictions on economic freedom in order to comply with European rules and regulations, and there may be additional restrictions, because European governments will think first of all about saving jobs and programs aimed to support their own producers, especially in agriculture. Reconstruction does not take care of economic freedom at all: everything should be done as soon as possible so that everyone could have shelter, water or electricity, and if the same companies obviously win all the tenders, this is a small price to pay for recovery rate, as treated in the interests of reconstruction. 

Such issues are not purely economic, they also affect other spheres, including politics. Reconstruction goes faster under authoritarian rule, but this approach makes European integration and even modernization impossible. European integration does not always mean modernization, because no one is particularly concerned in emergence of a new tiger economy. European integration without modernization will cause reaching the outskirts of Europe, while modernization without European integration will awake problems with finding markets and money; however, modernization jointly with European integration will launch an endless process without results. How to combine European integration with economic freedom, which even in its current limited version provides for Ukrainians innovative digital banking services and quality coffee, which not all the Europeans have? 

Fast, cheap and high-quality: it cannot happen simultaneously. It is impossible to build a stable, open and efficient system. This is the so-called strategic triangle. But which one among three principal aspects should be sacrificed? European integration that gives us the desired access to markets, financing and stable rules? Reconstruction that promises quick overcoming devastation? Or modernization that gives us hope for a new country instead of the post-Soviet legacy? 

The choice in strategic triangle will determine outlines of the processes for the next decade and format of the country for the next fifty years. 

Structure of launching the plan 

One more keystone is the following: who will control over the process? From one side of spectrum, there is desire of the Ukrainian authorities, which can be expressed roughly like this: we defeated Putin, you owe us, you should give us money and shall not ask for anything. One Western diplomat notes that momentary weakness of the West has passed, in other words, they have been observing us for 30 years and know the whole our structure. Another Western diplomat highlights that they will remember everything they forgave us, referring to regularly repeated deception of Western partners, when funds were allocated under promises of reforms, while in fact funds were spent and reforms were not carried out. 

From the other side of spectrum, there is position of certain Western circles thinking that we will steal everything, so no one shall grant costs in our favor; therefore, we shall create a project office, with only American and European experts engaged who will sign all the receipts. Such an approach is unfavorable for Ukraine: it means that our Ukrainian vision, Ukrainian strategy and interests will be completely ignored, Ukraine will not be deemed as owner of the plan. This is an unfavorable situation that local anti-Westerners call external rule: old-timers are unable to solve their problems independently due to weak institutions. Obviously, in such case, funds will be spent for development of the donor-state economies, not our own economy. Certain representatives of the Ukrainian side even declared the following: you shall give funds to Ukraine, we will steal maximum 20%, while the remaining 80% will be used for development of the country, because if the funds are distributed on your side, 40-60% will be consumed by administrative costs, while Ukraine will get only the remaining share. 

Two aforesaid extreme positions outline the spectrum, with numerous intermediate options (i.e. bad compromises) lying between them. After all, usually a compromise is a solution that does not suit either party. The solution is usually aimed not to seek a compromise between two extremes, but to reach an additional dimension, finding a solution of the next level of complexity. But one should understand that it will work more slowly. 

There are more questions than answers! 

The above two key questions are the most crucial and the most complex, but the problem covers not only them. 

Who will be Number One in the process: the USA or the European Union? Obviously, there are different approaches and priorities. How to combine numerous international financial organizations with different rules and approaches into a single structure? How to secure balance between short-term (Ukrainian politicians always choose them because they think about the next elections) and long-term interests? How to balance three funding mechanisms: grant aid (obviously in restricted amount), loans (to be repaid later, but from which proceeds?) and investments in Ukrainian assets (now greatly undervalued, which contradicts to the Ukrainian business interests). How to combine reconstruction/European integration/modernization with solving security problems? Security problem was solved by the Western European Countries after World War II and by the Eastern European Countries after the fall of communism, both with NATO assistance. But we will have to bear our own liability for on a significant part of this task. 

Special attention should be drawn to one of the most vital questions: what will be economic policy of post-war Ukraine? Can we significantly raise economic freedom, rising from the current 130th place in global rating and making the country attractive for domestic and foreign investments? Will it result in victory of supporters of increased state regulation, socialist approaches and leading role of the state in economy? That is why Ukrainian business recently declared its clear position and principles (see.?Memorandum of the Coalition of Business Communities for the Modernization of Ukraine). 

It is gratifying that Western policymakers, trained by Ukrainian deceptions, agree to grant funds only in exchange for actual reforms: first come – first served. These are quite optimistic news, but there are still many open questions. 

Finally, who is Mr. Marshall or Ms. Marshall? Who among global leading policymakers will fix their signatures on the plan, assuming personal leadership and personal responsibility and, therefore, potential political dividends and numerous risks? The very fact that we are discussing the Marshall Plan developed by the American Secretary of State in the past, shows that there is no up-to-date leader yet. 

It’s a complex puzzle! 

How much money do they need? From Ukrainian part, losses incurred by the state due to Russian aggression make up $500 billion (one shall not confuse it with the current budget deficit of Ukraine amounting to ca. $5 billion per month, which also needs to be covered; in fact, this is the cost of waging war). Such a huge figure has already been repeatedly criticized as inflated, but even if the actual cost is twofold or threefold lower, there are still no such funds in the world. Recent EU Commission decisions on 9 billion euros and the US decisions on 40 billion dollars are treated as funds for current needs, not for reconstruction. 

Obviously, the funds will have to be collected for a long time and in different places. Ukraine will not neglect any sources of funding – either Russian reparations (one will have to expect them for a long time until all legal formalities are settled), or funds from the sale of seized Russian assets, or direct aid to Ukrainian cities from sister cities, or special projects of friendly countries aimed to help in reconstruction of certain areas. 

Major share of the required amount of funds should come in the form of investments and loans through the private sector: for that purpose, the private sector needs to exist, to feel confident, to be protected by honest courts and an effective antitrust policy, to feel that its voice is heard (see the Memorandum set above). The second matter to be required is sharing the risks of Western investors, both in the form of state guarantees provided by their governments and with by means of classical insurance mechanisms. 

Here one a more crucial aspect should be noted. We are now approaching problems of such a level of complexity that no one can be sure of their correct strategy. The only way out is maximum decentralization, which will make the discussed plan and the country in whole anti-fragile (a term used by Nassim Taleb). It takes hundreds of different attempts, some of which will fail, but eventually the right way will be found. 

Today, nearly a dozen different groups are writing different versions of the Marshall Plan, the most famous of them are already being actively discussed: namely the Government Plan United24?and A Blueprint for the Reconstruction of Ukraine, both signed by several famous economists. The World Bank, IMF, EBRD, etc. have their own versions of plans. 

All the aforesaid issues, jointly with different versions of the plans, will soon be discussed at various international platforms, for example, at the conference organized by this week Vladyslav Rashkovan at the London School of Economics, at the Davos Forum, at the conference on Ukrainian reforms in Lugano (Switzerland) etc. No doubt, other events later will be held too. It is important that we could provide a better and more detailed reconstruction plan, event by event. 

It is very important that voice of not only the Ukrainian authorities, but also the Ukrainian civil society and domestic business be heard on such platforms, because any decisions in economic policy will be implemented, first of all, by hands and funds of the Ukrainian entrepreneurs, while all benefits and failures will be felt by the Ukrainian citizens 

War is incredible pain, blood, suffering, destruction. But it also gives a chance to change the society and the state. Today the biggest fear of people is that nothing will change after our victory, everything will remain the same as before outbreak of the war. We need to do all the best in order to prevent missing such historic chance. 

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Ukraine strives to control transshipment in Kerch Strait

12 February, 2014

303

Non-conformity of the data about cargos on board of the sea-going vessel and master’s responsibility

29 January, 2014

245

New Procedure on Taking Security Measures

28 January, 2014

258

Winter does not come suddenly: maritime industry should be prepared

18 December, 2013

282

M/V “LACONIC” was arrested in the port of Illyichevsk because of collision

13 December, 2013

275

Registration of shipping lines: same course, new lines

4 December, 2013

278

Sudden Winter

30 November, 2013

290

Tips on enforcement of foreign arbitral awards against state-owned companies in Ukraine

27 November, 2013

274

Ballast mayhem in Ukrainian ports: end of an era?

262

Liens on cargo: the nuances of Ukrainian law

20 November, 2013

255

PORT DUES AND TARRIFFS IN RUSSIA AND UKRAINE

13 November, 2013

298

Forwarder’s Liability for Cargo Loss and its Insurance in Ukraine – Part II

6 November, 2013

247

UKRAINE: Tips for enforcement of arbitral awards in maritime disputes

31 October, 2013

262

Forwarder’s Liability for Cargo Loss and its Insurance in Ukraine PART 1

29 October, 2013

261

Vessel arrest and detention in Georgia. Part 3

25 September, 2013

276

ACCORDING TO ARBITRATION – UNTIL YOU PAY YOU ARE NOT IN DISPUTE

20 September, 2013

327

Vessel arrest and detention in Georgia. Part 2

18 September, 2013

266

Shipowner beware: undeclared ship stores

11 September, 2013

257

Vessel arrest and detention in Georgia. Part 1

4 September, 2013

271

Detention of ships and cargo by port authorities

21 August, 2013

81

Open international registry on the horizon

31 July, 2013

262

Out-of-gauge adventures

26 July, 2013

254

Port industry reawakens with Law on Sea Ports

17 July, 2013

278

Port Development Reform in Ukraine

1 July, 2013

265

Seven Countries, Seven Sets of Rules

27 June, 2013

273

Ukrainian shipbuilding: awaiting a renaissance

5 June, 2013

266

Freight-forwarder liability at a glance

29 May, 2013

350

Enforcement of foreign court interim decisions in Ukraine not so simple

8 May, 2013

339

Arrest of ships: complexity remains

17 April, 2013

273

REFORMING UKRAINE: New law privatizes ports

16 April, 2013

255

Maritime & intermodal development in Ukraine: A real reform

10 April, 2013

268

Is Ukraine becoming friendly jurisdiction?

8 February, 2013

250

Costa Concordia: the last cruise

11 January, 2013

257

Up to date Global Challenges

18 December, 2012

269

Shiparrested practical guide

4 December, 2012

237

Sea ports оf Ukraine are to be: in concession.

26 November, 2012

257

Arbitration Watch Gafta case

20 November, 2012

258

Recognition and Enforcement of Foreign Court Judgments & Arbitration Awards in Ukraine

8 November, 2012

294

MARINE INSURANCE AND LEGAL PRACTICE

6 November, 2012

267

1st Black Sea Port&Shipping

29 October, 2012

292

Recognition and Enforcement of Foreign Court Judgments & Arbitration Awards in Ukraine

25 October, 2012

241

Pirates of the Ukrainian Sea

28 September, 2012

272

If at first you don’t succeed…

10 September, 2012

256

Ukraine paves the way for privatization

26 June, 2012

274

Law on Sea Ports of Ukraine: First Impressions

336

Ukraine: ILO Announces Lists of Licenses and Permits Needed for Dredging Works

19 June, 2012

258

Forwarder’s Liability as a Consignee under Bill of Lading – a Ukrainian Perspective

16 February, 2012

401

Vision before strategy

28 November, 2011

251

Legal life in… Ukraine

5 September, 2011

320

Ukraine: ILO Announces Lists of Licenses and Permits Needed for Dredging Works

18 May, 2011

267

Defective Arbitration Clause, Invalidity of Arbitration Agreement and Award.

11 April, 2011

250

Dredging in Ukraine: licenses and permits

8 April, 2011

267

Shipowner’s Risks in Ukrainian Ports

25 March, 2011

263

Tips for modern Ukrainian shipping

13 January, 2011

239

Forwarder as a Carrier and Professional Agent

16 November, 2010

259

Ukraine Changes Some Rules Regulating Labour Relations with Foreign Element

26 July, 2010

257

Black sea blues

14 June, 2010

257

Investments in ports of Ukraine

234

Milestones of Corporate Governance in Ukraine

15 February, 2010

261

Property rights of a man and a woman living together without marriage registration

10 February, 2010

246

Property rights of a man and a woman living together without marriage registration

274

Rotterdam Rules and Combined Service

18 November, 2009

251

Ukrainian plots thicken

14 October, 2009

235

Getting the deal through: shipping (2009)

2 September, 2009

235

IBA Real Estate newsletter

10 July, 2009

244

Registration of title to land in Ukraine

18 June, 2009

251

Investment into Ukrainian ports: back to the future

5 June, 2009

264

Nota bene: amendments to land transactions in Ukraine

2 February, 2009

243

Use of the FCR in Ukraine

9 October, 2008

247

The procedure and peculiarities of Director’s dismissal in Ukraine

20 August, 2008

247

Real estate for foreigners in Ukraine – legal alerts

29 July, 2008

242

Public-private partnership opportunities in Ukraine

12 July, 2008

357

Is PPP viable under Ukrainian law

3 July, 2008

242

Choose Correctly The Name For Your Company And Get Success

24 March, 2008

252

Appraisal of property in Ukraine

3 July, 2007

615

Investing in Ukraine via Cyprus

8 May, 2007

260

Navigating the Ukraine. Court system.

2 March, 2007

265

Real estate contract for purchase and sale in Ukraine

16 February, 2007

249

Notes related to mortgage relations in Ukraine

239

Mortgage agreement in Ukraine

257

Real estate lease contract in Ukraine

254

Business in Ukraine (general information)

249

Investment contract in Ukraine

260

Litigation in Ukraine

15 February, 2007

254

Court system in Ukraine

255

Property rights and duties of spouses in Ukraine

252

Establishing a company in Ukraine

264

Marriage contract in Ukraine

231

Land lease in Ukraine

281

Real estate in Ukraine (general issues)

21 December, 2004

266

Flying the Moldovian flag

22 July, 2004

261

Dredging in Ukraine: licenses and permits

1 January, 2001

242

Use of the FCR in Ukraine

263

Investment contract in Ukraine

262

Choose Correctly The Name For Your Company And Get Success

245

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