Legal regulation of public procurement in Ukraine

Abstract

Problem setting. In modern conditions, the relevance of the study of public procurement is conditioned by the fact that the functioning of the state and local self-government bodies, the fulfillment of their socially important tasks, which are assigned to them, are impossible without adequate material and resource support. As S. Levchenko rightly points out, public procurement concerns practically all spheres of economy and is one of the most important means of socio-economic policy of the country. Not only productivity but also the speed of economic growth of a country depends on their effectiveness.

Analysis of scientific research. It is significant that public procurement has been the subject of scientific research by experts in civil, administrative and commercial law (for example, O. Kurepina, A. Yu. Misak, O. O. Sergachova, M. S. Solovyov, etc.). At the same time, given the dynamic nature of national legislation, including in the area of public procurement, the purpose of this scientific article is to analyze the legal mechanism of public procurement in Ukraine.

Article’s main body. We would like to note positively the attempt of the legislator to consolidate the principles of public procurement. These include such principles as: fair competition among participants; maximum savings and efficiency; openness and transparency at all stages of procurement; non-discrimination of participants; objective and impartial evaluation of the tender proposals; Prevention of Corruption and Abuse [5, Art. 3]. At the same time, the content of some of the principles is disclosed in the text of the analyzed regulatory act. In particular, it is a principle of nondiscrimination of participants, the essence of which is that domestic and foreign participants of all forms of ownership and organizational and legal forms participate in procurement procedures on equal terms. Customers provide free access to all participants for procurement information. The legislation prohibits the establishment of discriminatory requirements against participants.

In addition, the legislator draws attention to the need for procurement planning. Procurement is carried out in accordance with the annual plan. The annual plan, the annex to the annual plan and changes thereto shall be published free of charge on the web site of the Procurement Authorization Authority within five days of their approval [5, Art. 4]. In our opinion, the stated requirements of the legislator regarding the planning of public procurement should be consolidated as one of the principles of their implementation, since the planned nature of public procurement is one of the main characteristics of their implementation. However, the content of all other principles enshrined in the Law on Public Procurement remains unclear. Apparently, this approach needs adjustments.

Conclusions and prospects for development. Thus, it is advisable to include in the stages of public procurement such as: 1) the publication of procurement information; 2) the election of one of the following procedures: (a) open tendering; (b) competitive dialogue; (c) the negotiated procurement procedure. We emphasize that within each of the above procedures are contained, so to speak, their own stages. The stages of the open auction include: 1) announcement of the open tender procedure; 2) availability of tender documentation; 3) submission of the tender proposal; 4) opening, reviewing and evaluation of bids; 5) deciding on the intention to conclude a purchase contract.