PROBLEMS OF ESTABLISHING A PUBLIC PROCUREMENT SYSTEM IN THE KYRGYZ REPUBLIC

2020 ◽  
Vol 20 (1) ◽  
pp. 188-196
Author(s):  
Aygul Abdukarimova ◽  
Keyword(s):  
Public Procurement ◽  
Competitive Bidding ◽  
Kyrgyz Republic ◽  
Procurement Management ◽  
The Public ◽  
History Of ◽  
Procurement Procedure ◽  
Universal Definition ◽  
Definition Of ◽  
Procurement System

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.

scholarly journals International and European experience of avoiding corruption risks during public procurement

2018 ◽  
Vol 6 (10) ◽  
pp. 62-73
Author(s):  
O. V. Altsyvanovych ◽  
Y. Y. Tsymbalenko
Keyword(s):  
Public Procurement ◽  
Integrated Approach ◽  
Competitive Bidding ◽  
Short Term ◽  
The Public ◽  
Regulatory Documents ◽  
Foreign Countries ◽  
European Experience ◽  
Procurement Procedure ◽  
Procurement System

The international and European experience of avoiding corruption risks in public procurement has been investigated. An analysis of the functioning of the public procurement system in various countries led to the conclusion that the authorized authorities use various mechanisms to ensure the effectiveness of its organization. This applies, in particular, to the requirements for competitive bidding, disclosure of information by their participants, establishing the responsibility of officials for compliance with the procedures and rules established by law, etc.Along with the regulatory documents governing the procurement procedure in foreign countries directly, the important role is played by declarations and standards relating to the direct regulation of the procedures and principles of public finance FC.The main approaches used in international practice to avoid corruption risks in the implementation of public procurement are identified, namely: psychological methods, technical methods, regulation of processes, repressive means.It was concluded that, limited to individual branches of influence or the methods indicated above, only a short-term effect can be obtained, because after a certain period of time, the structure and mechanism for releasing illegal income will change, moving into industries not covered by instruments of control and opposition. As a result, the total corruption losses will return to their previous size or even exceed them. Consequently, it is possible to get tangible results of indicators of reducing corruption only by applying an integrated approach, that is, a balanced use of all methods of counteraction at each stage of the public procurement process.

scholarly journals The efficiency of electronic public procurement system in Ukraine

2018 ◽  
Vol 7 (3) ◽  
pp. 43-55 ◽  
Author(s):  
Inna Shkolnyk ◽  
Alina Bukhtiarova ◽  
Ludmyla Horobets
Keyword(s):  
Granger Causality ◽  
Public Procurement ◽  
Quantitative Characteristic ◽  
Developed Countries ◽  
The Public ◽  
Long Time ◽  
Legislative Framework ◽  
The Subject ◽  
Definition Of ◽  
Procurement System

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.

scholarly journals MANAGING PUBLIC PROCUREMENT APPEALS

2019 ◽  
Vol 4 (4) ◽  
pp. 79-85
Author(s):  
Anna SLOBODIANYK ◽  
Nadiya REZNIK
Keyword(s):  
Civil Rights ◽  
Process Analysis ◽  
Public Procurement ◽  
Individual Case ◽  
The Public ◽  
Procurement Contract ◽  
Procurement Procedure ◽  
The Moment ◽  
The Right ◽  
Procurement System

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.

scholarly journals Optimization of the public procurement system from the standpoint of ensuring economic security

2021 ◽  
Vol 291 ◽  
pp. 08004
Author(s):  
Ksenia Kartavyh ◽  
Svetlana Chuchkalova
Keyword(s):  
Public Procurement ◽  
Economic Security ◽  
Federal Law ◽  
The Public ◽  
Definition Of ◽  
Procurement System

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.

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
Keyword(s):  
Public Procurement ◽  
Limited Participation ◽  
Categorical Analysis ◽  
The Public ◽  
Procurement Procedure ◽  
Definition Of ◽  
Simplified Procedures ◽  
Goals And Objectives ◽  
Incorrect Information

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.

scholarly journals Progres of the Public Procurement System in Albania and in the European Union

2016 ◽  
Vol 1 (2) ◽  
pp. 72
Author(s):  
Emalita Dobra
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Public Works ◽  
The European Union ◽  
The Public ◽  
Public Contracts ◽  
Procurement Procedure ◽  
Proper Estimation ◽  
Procurement System

A proper estimation of the value of the public contracts is of major importance of the contracting authority. First, value of contracts govers the regime of rules under which the proceedings will be conducted. Second the decision of the contracting authority concerning the application of specific procurement procedure depends whether the value of contract is below or above specific threshold. For multi year contracts or contracts with renewal option, the contracting Authority must provide clauses for the revision of prices in accordance with published official inflation. In case of goods the contracts through renting or leasing of these, the estimated value of the public contract shall be based on the monthly rent or fee multiplied by the number of months the contract will last. The contracting Authority is responsible for comparing the above mentioned elements with a cost analyses of the goods, services or works. European Union rules provided in Article 9 of the directive 2004/18/EC of the European Parliament and of the council of 31 March 2004 on the coordination of procedures for the award of public works, supply and services and in contain also more detailed rules concerning methods of estimation of contract value which should be applied in specific case. The priciple of the transparency of public procurement requires that all potential contractors have the same chances to compete for contracts being offeres by public administration. (; public contracts, procurement, goods, proceedings contracting Authority, etc. )

scholarly journals Digitalisation of public procurement: The case study of Ukraine

2019 ◽  
Vol 53 (3) ◽  
pp. 61
Author(s):  
Nataliya Synyutka ◽  
Oksana Kurylo ◽  
Mariya Bondarchuk
Keyword(s):  
Public Procurement ◽  
Synthesis Method ◽  
Electronic System ◽  
Theoretical Background ◽  
The Public ◽  
Electronic Procurement ◽  
Public Consumption ◽  
Procurement Procedure ◽  
Procurement System ◽  
The Impact

<p><strong>Theoretical background</strong>: There is an ongoing global acceleration of automation and digitalisation in financial processes, which points to significant changes in public spending policies. After an analysis of several scientific studies, fundamental approaches have been elaborated to understand public consumption and the system of state purchases. The basic hypothesis for this research was to study the possible impact of the electronic procurement market ProZorro on state purchases in Ukraine. Possible directions are: increasing competitiveness, optimising state expenditures and saving the budget funds of public services based on innovative digital technology.</p><p><strong>Purpose of the article</strong>: The main goal is to investigate the impact of the electronic public procurement system ProZorro on corruption and bureaucracy in the public sector of Ukraine. The study object is an analysis of the volume and structure of the public procurement market, the number of procedures and participants in a bidding process, and the savings amounts in ProZorro’s public purchases during the study period in Ukraine.</p><p><strong>Research methods</strong>: The following methods were used during the research of the Ukrainian electronic procurement system: dialectical method; analysis and synthesis method – for a comparison of certain types of public procurement; subthreshold and suprathreshold statistical methods – for analysing the dynamics of indicators of the domestic system of public procurement during the period under research for a comparison of the indicators of public consumption of certain ministries and departments, different regions and territorial entities; structural and logical analysis – for generalising the theoretical and methodological principles of building a public consumption system in Ukraine. The main source of data was the data and analytical base of the ProZorro electronic public procurement system.</p><p><strong>Main findings</strong>: Effects of the innovative digital paradigm on the transparency and efficiency of public procurement are determined. Considerable attention is paid to the implementation of the electronic public procurement system ProZorro in Ukraine. The expediency is substantiated for its implementation in the national practice of budget expenditures, and the principles and procedures of implementation are analysed. The practice and dynamics of the public procurement market in Ukraine are summarised. The conclusions of the advantages of electronic system are provided, including transparency and impartiality, stimulation of competition and non-discrimination of bidding participants, reduction of corruption and the effect of reducing the savings of budget funds. Potential risks, threats and disadvantages of the ProZorro system in Ukraine are highlighted. Among them are: a high proportion of non-competitive procedures; possible latent conflict regarding the participants’ interests; unreasonable time spent on individual procedures; the justification of the procurement procedure to one participant due to a dubious “urgent need”; unreasonable application of the procurement procedure to one participant due to the falsification of conditions or the division of the procurement subject; the existence of discriminatory requirements in the documentation of competitive bidding; and a lack of efficiency in the complaints handling mechanism.</p>

scholarly journals Analysis of market forces as the basis for conducting the public procurement procedure to evaluate the effectiveness

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 ◽  
...  
Keyword(s):  
Driving Forces ◽  
Public Procurement ◽  
The State ◽  
Market Forces ◽  
The Public ◽  
Methodological Problems ◽  
Procurement Procedure ◽  
The Moment ◽  
Definition Of ◽  
Development Prospects

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.

scholarly journals Socially Dangerous Consequences Of Criminal Offenses In The Field Of Public Procurement

2021 ◽  
pp. 120-129
Author(s):  
A.M. Cheredarchuk
Keyword(s):  
Law Enforcement ◽  
Tax Evasion ◽  
Power Distribution ◽  
Public Procurement ◽  
Security Threat ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Offenses ◽  
Procurement Procedure ◽  
Procurement System

In the article the author analyzes the national legislation, scientific research and the results of law enforcement activities of law enforcement agencies in the field of public procurement. It has been established that the opacity and inefficiency of mechanisms for controlling the public procurement process leads to the use of corruption schemes to embezzle budget funds, legalize and misappropriate them by unscrupulous officials and, as a consequence, to «shadow» the national economy. In the current conditions of the country’s development, corruption is perhaps the most negative consequence of criminal acts in the field of public procurement. Corruption in the public procurement system, as in any other area, is associated with the exercise of power, distribution or redistribution of material resources or funds, a phenomenon that is not new or even national. Another clear example of the consequences of public procurement crime is the threat of unfair competition. Among the abuses committed by public procurement participants, the greatest degree of security threat is conspiracy of participants. A conspiracy is an agreement between two or more participants in a procurement procedure aimed at setting the price of a competitive bidding offer or a price offer at artificial or non-competitive levels with or without the knowledge of the customer. The main danger of fictitious entrepreneurship is property damage to legal entities and individuals, the state, which, in turn, is expressed in concealing the facts of prohibited activities, illegal conversion of non-cash into cash, creating preconditions for tax evasion and other illegal goals, promoting legalization ( money laundering) of funds obtained by criminal means, etc.

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