scholarly journals Theoretical and categorical analysis of the concept of public procurement and corruption risks in their implementation in Ukraine

2018 ◽  
Vol 6 (9) ◽  
pp. 92-103
Author(s):  
O. V. Altsyvanovych ◽  
Y. Y. Tsymbalenko

The concept of public procurement is revealed. It has been determined that public procurements should be considered as a set of step-by-step actions, which form a holistic, regulated by the law (Law of Ukraine «On Public Procurement») procedure. The purpose of the public procurement procedure is to implement the functions of the public administration.The following definition of corruption risk in public procurement is given – this is the probability of a corrupt act, and will negatively affect the achievement of certain goals and objectives of public procurement. It is proved that corruption risks can arise at different stages of public procurement.The following possible corruption risks in the implementation of public procurement are defined: the creation of such a composition of participants, which makes it possible to avoid the use of bidding procedures with certain restrictions and, instead of using more simplified procedures, including direct conclusion of contracts or purchase from one executor; development of technical conditions or technical tasks with the purpose of promoting the sale of a particular product or service or preventing participation in the bidding of potential participants; determination of discriminatory criteria for the evaluation of tender (price) offers with respect to certain suppliers that are completely incompatible with the requirements of actual procurement; аbuse of «closed» tendering procedures (bidding with limited participation, request for quotations (quotations) or purchase from a single executor, etc.); development of contracting arrangements with the apparent intention of assisting a particular supplier; acceptance from the tenderers of incorrect information or tender (price) proposal prepared (th) in violation of the established requirements; manipulation of the decision-making process within the framework of the work of the tender committee.

2020 ◽  
Vol 20 (1) ◽  
pp. 188-196
Author(s):  
Aygul Abdukarimova ◽  

The article explores the history of the formation and development of the public procurement system in the Kyrgyz Republic, provides a universal definition of the concept of “public procurement”. The main problems of implementing a public procurement system at the level of regulatory legal acts are considered. The analysis of the first Law on Public Procurement was carried out, which did not take into account international experience in public procurement management. Timely introduction of the competitive bidding system in the public procurement procedure is justified. An analysis of the volume of public procurement for a certain period of time was also conducted to assess the development of the public procurement system in the Kyrgyz Republic. Based on the study, recommendations are given to improve e-procurement management.


2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 343-348
Author(s):  
Natalia Alekseevna Prodanova ◽  
Anastasia Romanovna Lazareva ◽  
Artur Viktorovich Lazarev ◽  
Lyudmila Viktorovna Sotnikova ◽  
Olga Vladimirovna Saradzheva ◽  
...  

The article considers the change in the methodology for conducting public procurement and, as a consequence, a change in the methods for assessing efficiency. The main methodological problems at the moment, development prospects and elimination of current issues are considered. An approach that has found wide application in assessing the investment attractiveness of projects is presented, namely, the analysis of the driving forces of the market and the analysis of competition according to Porter. The chosen topic is one of the most relevant, since the definition of the driving forces of the market and the forces of competition allows more efficient use of the mechanisms for managing the state of its purchases.


2021 ◽  
Vol 12 (3) ◽  
pp. s085-s107
Author(s):  
Iryna Drozd ◽  
Mariia Pysmenna ◽  
Nataliia Pohribna ◽  
Nataliya Zdyrko ◽  
Anna Kulish

The article seeks describing the benefits and challenges faced by auditors in assessing the effectiveness of public procurement procedures in terms of applying the methodology for calculating efficiency, economy and effectiveness, taking into account the risks of procurement in e-auctions. Quantitative risk parameters are calculated using data of probabilistic indicators of procurement risk assessment according to the ratio of the number of relevant procedures (sub-threshold and above-threshold) to the total number of procurement procedures. Statistical valuation methods are used for the cost risk assessments and calculation of the aggregate risk indicator of public procurement. The calculations are performed using the data of the open e-procurement system ProZorro for all announced procurements in 2018-2019. We analyzed the methods, indicators and the extent to which the study of the public procurement effectiveness via bibliographic and case studies is performed. As a result, the majority of methods cover four components of assessing the public procurement efficiency - targeted efficiency, cost-effectiveness, organizational efficiency, efficiency of budget expenditures for public procurement. This does not provide an assessment of the automated systems’ impact on the procurement procedures results and on possible savings due to the use of certain procurement procedures. To comprehensively assess the procurement efficiency in e-bidding, the authors propose considering four key risks: the risk of cancellation of the procurement procedure, the risk that the procurement procedure will not take place, the risk of appealing the procurement, the risk of disqualification. As a result of risks calculations under the sub-threshold and above-threshold procurement, individual values of risks and their aggregate indicator are determined. This will adjust the scope of audit procedures to verify individual procurements and identify weaknesses in the procurement management system. We believe that the methodology of auditing the procurement effectiveness, taking into account the quantitative and qualitative parameters of procurement risks, will be a useful audit tool to determine the effectiveness of the use of public funds under individual procurements and identify areas of cost-effectiveness for the state budget funds.


2018 ◽  
Vol 16 (2) ◽  
pp. 361-378 ◽  
Author(s):  
Mladen Čudanov ◽  
Predrag Jovanović ◽  
Ondrej Jaško

This study analyses how important is the influence of the procedure type and a number of received bids on the duration of the public procedure process. Efficiency and speed of public procurement process diminish inventory turnaround times, direct and indirect costs of procurement, hastens and improves manageability of core processes in the organizations obliged to the public procurement process. Our study focuses on the quantitative analysis of the influence of the procedural public procurement framework mostly determined by the central government and describes potential other factors of efficiency which can be influenced at the local level. Dataset was obtained from the Public Procurement Office of Serbia, and it included 42,850 cases of public procurement after the correction of missing and “dirty” data. Using statistical methods we have presented two linear models, where the type of procedure and number of received bids account for roughly 23% of the variability in the dependent variable. This paper provides suggestions for improvement of efficiency of public procurement, as well as for data that needs to be tracked to develop more comprehensive, accurate and reliable prediction model of the duration of the public procurement process.


2021 ◽  
Vol 9 (06) ◽  
pp. 287-293
Author(s):  
Abduraimova Nigora Radjabovna ◽  

The paper reveals the essence of the system of public financial management (PFM), defines its key elements of the PFM system, and articulates goals and objectives in enhancing employment. The authors definition of PFM is given. A comparative analysis of managerial financial cycles in the public and private sectors of the economy is carried out. The historical aspect of the PFM reforms is also analyzed, and various approaches to financial management (income and expenditure) in the public sector are studied and suggested better ways to improve the busyness of the population. Factors influencing the effectiveness of the PFM reforms are revealed. The challenges faced by financial managers in implementing public finance reforms are analyzed, and the opportunities that can be used to achieve the objectives of the PFM system, some of which are simultaneously challenges are analyzed.


2018 ◽  
Vol 7 (3) ◽  
pp. 43-55 ◽  
Author(s):  
Inna Shkolnyk ◽  
Alina Bukhtiarova ◽  
Ludmyla Horobets

Public procurement has been the subject of research for a long time in the work of scientists from both the economically developed countries and those undergoing the transformation of public finances. Their research comes from different points of view, namely from the essence of the definition, the process of their conduct, the problems of the legislative framework to their effective implementation. In addition, the issue of electronic public procurement, which can greatly enhance the transparency of this process and reduce the level of corruption inherent in this area in all countries without any exception, is becoming increasingly relevant in recent times.Based on the conducted analysis, the article proposes the definition of the term of public procurement, defines the principles of public procurement as a controlled subject in the electronic environment of their conduct, and systematizes the basic indicators characterizing the effectiveness of public procurement. Based on the Granger causality method, an analysis of efficiency was performed and the basic indicators determining the level of savings in the public procurement system were determined. It is established that the use of Granger causality in changing the amount of savings in the system of public procurement gives only a quantitative characteristic. For a more complete picture quantitative analysis is supplemented with qualitative parameters.


2019 ◽  
Vol 4 (4) ◽  
pp. 79-85
Author(s):  
Anna SLOBODIANYK ◽  
Nadiya REZNIK

Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.


2018 ◽  
Vol 4 (2) ◽  
pp. 333-357
Author(s):  
Theodora Pritadianing Saputri

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract.  In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.


2021 ◽  
Vol 291 ◽  
pp. 08004
Author(s):  
Ksenia Kartavyh ◽  
Svetlana Chuchkalova

The article discusses the main amendments to the Federal Law on the Contract System, which planned to be in force in 2021. The changes are aimed at simplifying and optimizing the system of state and municipal procurement. The paper analyzes the goals of improving the contract system. The definition of economic security in the field of public procurement is presented. The degree of influence of amendments to Federal Law No. 44-FZ on the economic security of the procurement system is disclosed.


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