scholarly journals PROVISION OF INFORMATION IN PUBLIC PROCUREMENT

Author(s):  
Una Skrastiņa ◽  
Juris Radzevičs

The provision of information in public procurement is the only way for both society and tenderers to obtain information about the legitimate process of public procurement. Since the exchange of information is regulated by the Public Procurement Law and other laws and regulations, it is not always clear for the involved parties how to apply this regulation in practice. As a result, information that could be accessed and received in a timely manner and could be used to defend tenderers’ interests is not asked for, and the tenderers frequently request information that is of restricted accessibility or is not unclassified. The aim of this research is to analyse the legal regulation of information provision in the public procurement field in Latvia, to detect the most common problems in practice and to give possible solutions to them. Tasks - to study the legal regulation, legal scientists’ views, problems in practice and, gathering the information, to give possible solutions to them. The descriptive, dogmatic, historical, comparative and analytical research methods were used in this research. Results - two important principles can conflict when providing information – the principle of transparency and competition. So the contracting authority should evaluate in each situation, which of them should be more important.

2020 ◽  
Vol 11 ◽  
pp. 41-44
Author(s):  
Natalya T. Leonenko ◽  

The article studies the genesis of the deputy’s mandate institution. The relevancy of this subject is determined by the imperfection of the legal regulation of the institution under study; absence of clarity in its implementation; modernization of public law relations. The public government structure and the general democracy system largely depend on which type of mandate will be preferred in the Russian representative system. The purpose of the article is the research of the legal nature of the institution of mandate of a deputy of representative public government authorities and various aspects of this problem using formal legal, historical, comparative legal and logical methods.


2020 ◽  
Vol 13 (1) ◽  
pp. 86-94
Author(s):  
I.Yu. Fedorova ◽  

The paper considers innovations in the field of legal regulation of public procurement at the last stage of the reform carried out in the public finance management system. The main attention is paid to filling the gaps in the legislative framework of the contract system in the field of procurement through the introduction of more effective instruments in 2018–2019, measures are considered that can increase the efficiency of the procurement process, and the conclusion is drawn about the effect of procurement on the development of individual sectors of the economy.


2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.


Author(s):  
Natalia Ponomarenko ◽  
Christina Voznyakovska ◽  
Julia Nemish

Summary The purpose of the article is to study the problematic aspects of the functioning of the electronic public procurement system ProZorro in Ukraine and to develop proposals for minimizing abuses in the field of tender procedures. Research methods: The article uses general scientific research methods, in particular: synthesis analysis – in the study of scientific literature and determining the features of the electronic public procurement system ProZorro; economic and statistical analysis and comparison – with indicators of public procurement in Ukraine; generalization – when developing recommendations for minimizing abuses in the field of public procurement within the electronic system ProZorro. Scientific novelty: is to determine the main mechanisms of abuse in the field of public procurement in order to obtain illegal benefits: the fragmentation of contracts and the development of sub-threshold trade procedures and justification of ways to minimize them. In particular, in the article It is substantiated that non-competitive tender offers carry high corruption risks and lead to inflated prices for the supply of goods, services and works. It is proposed to amend the Law of Ukraine «On Public Procurement» in order to prohibit the conclusion of additional agreements after the tender; prohibition to change the conditions of the tender and tender documentation after the announcement of tenders; prohibitions to combine goods into one lot and set maximum payment terms for delivered goods for more than 30 calendar days. Conclusions: The study concludes that the electronic public procurement system ProZorro has a positive impact on the development of public procurement in Ukraine, as it increases the transparency of bidding and tender procedures, expands opportunities for participation in tenders of small and medium-sized businesses and more. However, shortcomings, first of all, in the law enforcement and judicial system of Ukraine are caused by frequent cases of corruption schemes in the public procurement system both within the ProZorro system and outside it. Elimination of corruption schemes in the public procurement system is possible subject to amendments to the Law of Ukraine «On Public Procurement». Keywords: public procurement, ProZorro, tender, tender offer, electronic bidding, competitive and non-competitive procedures.


Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 45-61
Author(s):  
Marta Andhov ◽  
Deividas Soloveičik

The article conducts a comprehensive scholarly analysis of framework agreements – a public procurement technique often used across different European jurisdictions. Besides examining the general legal framework of the EU and Lithuanian law on framework agreements, the article also examines the newest EU case law. The authors analyse the relationship between the initial tender procedure establishing the framework agreement and the subsequent mini-competition that follows under the former to award the public contract. In contrast to the Lithuanian legal regulation and related case law, the authors argue that these two stages are interconnected and must be viewed as a unified part of the same procurement process in line with European legal doctrine. Finally, the article highlights the differences between framework agreements and public contracts.


2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Urška Milavec ◽  
Maja Klun

Measures to reduce administrative burdens are part of efforts to improve regulation quality. The aim of the research carried out in 2010 in the public and private sector was to determine whether their staff display different levels of familiarity with the measures and whether both sectors define the same groups of regulation as the most burdensome. The results indicated that information provision on measures to reduce administrative burdens in Slovenia is poor, particularly in the private sector, which is intended as the main beneficiary of these measures. Despite this, the private sector reported that regulation for small and medium-sized businesses had improved over the period in which measures to reduce administrative burdens had been implemented. The public sector assessed public procurement regulation as the most burdensome, while the private sector ranked employment regulations as the most burdensome.


2019 ◽  
Vol 5 (4) ◽  
pp. 74
Author(s):  
Mykhailo Vilhushynskyi ◽  
Andrii Chornous

The purpose of the article is to scrutinize administrative and legal regulation of information relations of public procurement subjects in the economic sphere. Within the framework of the conducted research, the authors note that the system of subjects that carry out administrative and legal regulation of information relations in public procurement consists of general and special public administration subjects. The primary objectives of the article are the following: 1) to determine an exclusive list of public administration subjects that provide administrative and legal regulation of information relations in the field of public procurement; 2) to outline major trends of further development of administrative and legal regulation that relates to information relations of public procurement subjects. Methodology. In the course of the article preparation, a set of philosophical and ideological approaches has been used (in particular, the dialectical approach, which is a way of thinking based on the analysis of all available views on disclosure of the content of administrative and legal regulation of information relations of public procurement subjects; analytical approach, which is based on cognitive activity concerning proving or refuting the notion of a public procurement subjects system; hermeneutic that is used to understand the terms related to information relations of public procurement subjects in the economy); general scientific research methods (logical, which is based on “simple to complex” and “abstract to concrete” principles and relates to general characterization of information relations of public procurement subjects in the economic field); special methods (system-structural method when defining organizational structure and legal regulation of public procurement subjects activity, legal comparative analysis when studying foreign countries expertise; formal legal and formal logical approaches). Results. According to the results of the research, the authors have classified all public administration subjects that carry out legal administration of information relations in the field of public procurement into four separate organizational and structural levels. The particular article provides authors’ assumptions concerning further development of administrative and legal regulation of information relations of public procurement subjects in the economy, namely, emphasizes the necessity of strengthening preventive control in forms of general (analytical) monitoring, supervision of individual procurement procedures, and further automation of procurement processes; accentuates the tendency of public procurement sphere professionalization by organizing personnel trainings and educating public officials how to work with advanced information technologies; supports the need to continue implementing measures aimed at improving legislation, professionalizing labour resources in the public procurement field, improving international relations, attracting additional investments to integrate advanced technologies and hire field experts with background in managing national information resources and building e-government. Practical implications. The authors’ survey results may be used in legislative work related to the legal regulation of information relations of public procurement subjects in the economy. The particular article may also be used in further scientific researches concerning information relations of public procurement subjects in the economic field. Moreover, the article might be used in the academic process, in lectures and seminars on information and administrative law. Value/originality. The scientific novelty of the article comprises of synthesis of existing normative and doctrinal approaches to understanding information relations of public procurement subjects in the economy; generalization of information concerning public procurement subjects in the economic field; determination of development prospects of administrative and legal regulation of information relations of public procurement subjects in the economic sphere. The authors have articulated development prospects of administrative and legal regulation of information relations of public procurement subjects in the economy, emphasized the necessity of enhancing preventive control in the form of general (analytical) monitoring, particular procurement procedures supervision, and further automation of the procurement process. Moreover, the article focuses on the professionalization of the public procurement sphere through educating qualified personnel to work with modern information systems and technical devices. The authors also support the necessity of continuing the implementation of measures aimed at the legislation improvement, public procurement sphere professionalization, international relations development and proper executions of functions established by the Law of Ukraine “On Public Procurement”.


Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 98-117
Author(s):  
Deividas Soloveičikas ◽  
Karolis Šimanskis

Viešojo pirkimo sutarties negaliojimas, kaip tiekėjo teisių gynimo priemonė vykdant viešuosius pirkimus, yra svarbus teisinis elementas, siekiant plėtoti veiksmingą teisių gynimo priemonių sistemą. Todėl tik laikas lėmė, kada šis institutas bus įtvirtintas Europos Sąjungos ir valstybių narių, įskaitant Lietuvos, viešųjų pirkimų teisėje. Siekiant didžiausio teisinio efekto įgyvendinant viešojo pirkimo sutarties negaliojimo institutą, yra svarbu lyginamuoju požiūriu ištirti, kokios yra šios priemonės teisinės kaitos prielaidos, kaip ji reglamentuojama Europos Sąjungos ir nacionalinėje viešųjų pirkimų teisėje, kokių tikslų siekiama tokiu teisiniu reguliavimu ir kokią įtaką toks reglamentavimas turi bendrai tiekėjų teisių gynimo sistemai. Tai ir yra aptariama šiame moksliniame straipsnyje.In effectiveness of a public contract as the remedy in public procurement procedures is a an element of a great importance in the light of the development of the effective remedies’system. Therefore, naturally this was only a question of time when this legal tool appears within the public procurement law of the European Unijon and Lithuania. While seeking for the greatest positive impact of the ineffectiveness in a legal practice it is important to make a comparative anglysis of the preconditions for its evolution, what the legal regulation within the law of public procurement of EU and Lithuania is, as well as what the purposes of such regulation are including the general influence the latter has on the whole remedies’system. This article is oriented towards the pursue of these goals.


2021 ◽  
Vol 234 (11) ◽  
pp. 32-45
Author(s):  
EDWARD S. KARPOV ◽  
◽  
SVETLANA V. KOMISSAROVA ◽  
VITALY V. AVDEEV ◽  
◽  
...  

The article deals with the problem of fulfilling the terms of state contracts for the supply of food for the needs of the penal system of the Russian Federation, associated with the receipt of low-quality products by customers. The subject of the study was the materials of judicial practice, accompanying documents of territorial bodies of the FPS of Russia, Russian civil legislation, scientific literature on the topic under study. The purpose of the work is to reveal and analyze the gaps in the legal regulation of food procurement for the needs of the penal system of the Russian Federation based on the materials of judicial practice. The practical significance of the work lies in identifying the difficulties in planning the public procurement to ensure the activities of the penal system in the event of non-performance or improper performance of obligations by suppliers. The methodological basis of the work was formed by the structural and logical method, methods of analysis, synthesis, comparison, induction. As a result of the work carried out, a comparative table of the terms of settlement of civil disputes between customers and suppliers of low-quality food products is presented, the problems affecting the proper execution of state contracts in the field of food procurement are highlighted, specific recommendations of the terms that can be included in the state contract with the aim of preventing unscrupulous food suppliers from participating in procurement are formulated. Key words: penal system, purchase of goods (works, services), contract system, provision for state needs, unscrupulous supplier, goods of inadequate quality.


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