This article presents a review of the current state of privatization in Ukraine. This describes the recent changes in the legal and institutional structure and gives recommendations for reform on individual issues affecting the privatization program in Ukraine, such as “spontaneous privatization”, small privatization, ransom, customer associations, vouchers and technical assistance /uzakonivanie-protroek /.
Legal framework
Soon after gaining independence, Ukrainians began to create a legislative framework for a market economy. The Law on Property is the Basic Law, which provides a starting point for privatization in Ukraine. He determines property rights for enterprises at the municipal, regional and republican levels.
The law on privatization of state companies contains a detailed description of privatization procedures and graphs. The Law on Low Privatization determines the types of enterprises that are subject to petty privatization, acceptable sellers and buyers, methods of privatization and procedures that must be observed in the preparation and conduct of the privatization process.
The law on privatization certificates as a whole describes the types of special privatization securities and their use in the privatization of state property.
Other laws that are important for the privatization process are:
Enterprise Law;
Companies Law;
Entrepreneurship Law;
Antimonopoly law;
The law on securities and the stock exchange;
Law on Banking and Banking;
Foreign Investment Law;
Law on the Protection of Foreign Investors.
Privatization Law requires the preparation of the state privatization program. This program should be a detailed plan for the implementation of the project by the government for the next two years.
The project of the program, which is currently under discussion, has the following goals, namely:
create a heterogeneous, socially oriented market economy;
restructure the economy;
stabilize the economy;
increase the level of competition and break monopolies;
It is necessary to benefit from the dynamics of spontaneous privatization, its use is like a driving force in the transition to a market economy. Studies should also be assessed to the extent to which spontaneous privatization can be carried out within the current legislation of Ukraine.
Offer legislation can help more legal forms of spontaneous privatization, and should also be developed on existing examples of spontaneous privatization as pilot cases. The results should be integrated into the process of developing the legislative framework.
Another important reason for the study of spontaneous privatization is associated with the development of the “bottom-up” approach, which is likely to be successful. With a small correction and with the right of legal or other technical assistance, the local development of spontaneous privatization can provide a relatively simple way of quick privatization of medium -sized enterprises.
General legal issues
In addition to the already mentioned shortcomings, the law overly regulates the privatization process, defining many areas in detail, at the same time leaving others, more important, without recommendations. The state privatization program is trying to take corrective measures and was quite successful in some areas. However, the law must be changed to simplify the legal framework and have great flexibility.