At present, the establishment and improvement of the public procurement system continues in our country. Over the past five years, there have been significant changes in the legislative rules apply to relations related to the procurement of goods, works and services. An Association Agreement with the EU was signed, the Law on Public Procurement was adopted, and significant changes to it came into force on April 19, 2020. However, despite the above-mentioned legislative changes, the analysis of the state of public procurement in Ukraine conducted by the Accounting Chamber in recent years showed that legal relations in this area did not comply with the principles of competition and transparency. In the report for 2018, it is noted that in 2017 the procurement system was characterized as unproductive and ineffective. In 2019, significant shortcomings of the public procurement system were also revealed, in particular, regarding the functioning of the electronic procurement system “PROZORRO” and a number of others.

        The aim of this article is to improve the provisions of categorization and defining the essence of state control in the field of public procurement.

        According to the results of the study, it is proposed to define control in the field of public procurement as a set of ways and methods of organizing the influence of public authorities and local governments, society, banks, international organizations on legal relations between the buyer and participants in procurement of goods, works and services, which is carried out in order to achieve savings and efficiency of spending, as well as to prevent corruption and abuse, by ensuring compliance with legislation.

        The conclusions of the article provide a categorization of control in the field of public procurement depending on the role and powers of the subject of control (regulatory authorities):

        Special control is exercised by the bodies for which this type of activity is the main one.Such bodies include the State Audit Service of Ukraine, the Antimonopoly Committee of Ukraine, the Accounting Chamber, the State Treasury Service of Ukraine, and the Ministry for Development of Economy, Trade and Agriculture of Ukraine. General control is exercised by entities for which the scope of public procurement is not the main one, but they have a significant impact on these legal relations. The subjects are the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the National Bank of Ukraine, the State Financial Monitoring Service of Ukraine, the prosecutor’s office, and law enforcement agencies. Indirect control is exercised by the court, the public, and the Association Council.

         Also, the categorization of regulatory authorities in the public procurement sphere depending on the stage at which the control takes place is carried out.

Bibliography

Authored books

1. Maksymenko Z ta Tkachenko N, Derzhavni zakupivli v Ukraini: ekonomichni aspekty ta zbirka normatyvnykh aktiv: navchalnyi posibnyk dlia studentiv VNZ (Knyha 2004) (in Ukrainian).

2. Tkachenko N, Upravlinnia derzhavnymy zakupivliamy (Knyha 2007) (in Ukrainian). Edited books 3. Zahalna teoriia derzhavy i prava: Pidruchnyk dlia studentiv yurydychnykh vyshchykh navchalnykh zakladiv (Tsvik M red, Pravo 2009) (in Ukrainian).

4. Kuzmenko O (red), Administratyvne pravo. Zahalna chastyna (albom skhem): navchalnyi posibnyk (Tsentr uchbovoi literatury 2015) (in Ukrainian).

Journal articles

5. Yaroshenko A ta Kostenko O, ‘Vyznachennia sudovoi yurysdyktsii (pidsudnosti) pry vyrishenni sporiv u publichno-zakupivelnii sferi’ (2020) 8 Pravo Ukrainy 262–75 (in Ukrainian).

6. Povydysh V, ‘Systema derzhavnoho kontroliu u sferi elektronnykh publichnykh zakupivel’ (2017) 2 Naukovyi visnyk Khersonskoho derzhavnoho universytetu 152–7 (in Ukrainian).

7. Zaiets N, ‘Kontrol v sferi derzhavnykh zakupivel ta vplyv yoho rezultativ na efektyvnist zdiisnennia protsedur zakupivel’ (2016) 30 Naukovi pratsi Kirovohradskoho natsionalnoho tekhnichnoho universytetu. Ekonomichni nauky 216–23 (in Ukrainian).

8. Zdyrko N, ‘Derzhavne rehuliuvannia ta kontrol u sferi publichnykh zakupivel’ (2019) 3 Instytut bukhhalterskoho obliku, kontrol ta analiz v umovakh hlobalizatsii 35–45 (in Ukrainian).

9. Kotelevko O, ‘Problemni pytannia pry zdiisnenni kontrolnykh funktsii derzhavnoi kaznacheiskoi sluzhby Ukrainy za derzhavnymy zakupivliamy ta shliakhy vyrishennia’ (2012) 14 Visnyk Skhidnoukrainskoho natsionalnoho universytetu imeni Volodymyra Dalia (in Ukrainian).

10. Fits O, ‘Monitorynh derzhavnykh zakupivel u krainakh YeS’ (2012) 4 Derzhava ta rehiony. Ser. Derzh. upr. 91–8 (in Ukrainian).

11. Shchukin O, ‘Kontrol u sferi derzhavnykh zakupivel’ (2014) 7 Yurydychna nauka 29–38 (in Ukrainian).

Websites

12. Yaremenko S, ‘Derzhavnyi kontrol za dotrymanniam vymoh zakonodavstva u sferi derzhavnykh/publichnykh zakupivel’ <https://dozorro.org/derzhkontrol> (accessed: 20.09.2020) (in Ukrainian).