Reforming the structure and models of privatization
Authors: Paltsulych Y. I. 
Published: May 2024

The article is devoted to the monitoring of the economic situation in Ukraine, the activities of control bodies and the coverage of approaches to reforming the ownership structure based on privatization processes.
The analysis of the situation occurring in the field of privatization characterizes their complexity, which is caused by the state of war and instability in the state, the spread of illegal possession of state property and other destabilizing factors used by the structures of the aggressor country to achieve their own goals. The need for further localization of shadow privatization schemes is determined by the growth of the share of foreign capital in strategic sectors of the economy and in critical infrastructure facilities, which is one of the greatest modern threats to the economic sphere of Ukraine, which is dangerous for the economic independence of Ukraine.
In the framework of stabilization privatization, the need to take into account not only national legislation, but also international norms, in particular the provisions of the OECD Declaration «On International Investments and Multinational Enterprises», which deals with the national regime, conflicting requirements for corporations and international investments, which should be applied in current conditions and in the post- war period of Ukraine. In this regard, it is worth defining a state body that will competently and competently manage Russian assets that are subject to sanctions and that will be transferred by partner countries after they are unfrozen for the restoration of our state according to the standards of sovereign funds or national welfare funds.
Post-war privatization should contain an evolutionary basis and attention to national assets, especially in basic industries and relatively non-renewable resources that belong to the citizens of Ukraine. Thus, a clear balance is necessary between the needs of the country in the person of its institutions and the rights and freedoms of a person and a citizen, which are guaranteed and narrowing of their content is not allowed when adopting new laws or making changes to existing laws. It is worth preserving the foundations of Article 41 of the Constitution of Ukraine, which stipulates that everyone has the right to own, use and dispose of their property, and no one can be unlawfully deprived of the right to property, which is inviolable and guaranteed by Article 1 of the «First Protocol to the Convention on the Protection of Human Rights and fundamental freedoms».
Thus, the design of the future privatization should also take into account the elements of the historical privatization part, which began with the recognition of Ukraine’s independence and is regulated by the provisions of the Decree of the President of Ukraine «On the procedure for allocating lands transferred to collective ownership to agricultural enterprises and organizations» dated August 8, 1995 No. 720, which are still in force today remain relevant in view of today’s challenges (focusing on threats to food security) and sometimes require the intervention of regulatory and law enforcement agencies, since without the past there is no future.