Article title Economic and Legal Regulation of Public Procurement: Theory and Practice Problems
Authors

Candidate of Juridical Sciences (PhD), Associate Professor, Associate Professor Department of International, Civil and Commer Cial Law Kyiv National University Of Trade and Economics Department (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-1484-3557 Researcher ID: http://www.researcherid.com/rid/M-3683-2016 l.neskorodzhena@knute.edu.ua

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 11/2021
Сторінки [128-140]
Annotation

The reform of the public procurement market has led to a review of economic and legal regulation of public procurement. It happened as a result of the signing the Association Agreement between Ukraine and the EU, the adoption of the Sustainable Development Strategy “Ukraine – 2020”, Sustainable Development Goals for Ukraine until 2030, National Economic Strategy until 2030, the Strategy for Reforming the Public Procurement System (“road map”). So, there is an urgent need to improve the current legislation in the sphere of public procurement by harmonizing it with EU rules, adapting key concepts, concepts and bringing procurement procedures in correspondence with international standards. Analysis of the Permanent Administrative Board for Complaints of Violations of Public Procurement Legislation decisions revealed that there are provisions of the Ukrainian Law “On Public Procurement” which can be interpreted and applied differently (e. g., rules on two proposals, on defining discriminatory requirements, on purchasing goods, on works and services at a lower price, but also lower quality, etc.).

This article aims to analyze the current legislation, EU Directives on economic and legal regulation of public procurement and identify gaps and drawbacks in order to eliminate contradictory points regarding the ambiguous interpretation of this legislation.

It is stated that the main purpose of public procurement is to create a competitive environment and to develop fair competition, which promotes the development of economic entities, encourages them to provide quality goods, jobs and services, which in turn improves the population welbeing. The main directions of economic and legal regulation of public procurement are outlined here. There is a detailed analysis of the decisions made by the Permanent Administrative Board on Complaints connected with the public procurement violations in the corresponding sphere. The analysis aimed to identify the correlation between the manufacturer, the business entity, the participants in public procurement. Cases of lobbying of the client of interests of one participant, which is a violation of competition and an unacceptable fact in the sphere of public procurement, were revealed.

 

Keywords public procurement; competition; economic and legal regulation; business entity; Antimonopoly Committee of Ukraine
References

Bibliography

Journal articles

1. Olefir A, ‘Problemy publichnykh zakupivel kriz pryzmu Yevropeiskoho dosvidu’ [2017] 1 (11) Teoriia i praktyka pravoznavstva 7 (in Ukrainian).

 

Websites

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3. Nechytailo Olha, ‘Problema “dvokh vyrobnykiv” u skarhakh na tendernu dokumentatsiiu’ <https://radnuk.com.ua/uchast-u-zakupivliakh/praktika-oskarzhennja-uchast-uzakupivliakh/ problema-dvokh-vyrobnykiv-u-skarhakh-na-tendernu-dokumentatsiiu> (accessed: 06.11.2021) (in Ukrainian).