scholarly journals ARBITRATION OF THE DISPUTES IN CONNECTION WITH PUBLIC PROCUREMENT CONTRACTS IN BOSNIA AND HERZEGOVINA

2021 ◽  
pp. 65-72
Author(s):  
Z. Grbo
Keyword(s):  
Bosnia And Herzegovina ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legal Nature ◽  
Arbitration Procedure ◽  
Procurement Contracts

In the article, the author analyses the possibilities of using arbitration procedure to settle disputes arising from the conclusion of a public procurement contract in Bosnia and Herzegovina. The author studies the nature of the public procurement contract and concludes that this contract is of a private legal nature, so the resolution of disputes related to the execution of the contract is possible in arbitration proceedings.

Specyfika umów o zamówienia publiczne

2020 ◽  
Author(s):  
Joanna Marczewska
Keyword(s):  
Characteristic Feature ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Rule Changes ◽  
Key Aspects ◽  
Procurement Contracts

The article presents the characteristics of public procurement contracts by describing key aspects: the form and procedure for concluding the contract and the period for which it can be concluded. It was pointed out that the characteristic feature of public procurement contracts is primarily the fact that the contract can only be concluded after the procedure specified in the public procurement rules has been carried out. In addition, the issue of statutory changes in the content of the public procurement contract in the light of applicable provisions was discussed, as well as the grounds for the nullity of the contract were analyzed. It was emphasized that, as a rule, changes to the contract were prohibited and the statutory conditions for the amendment of the contract were described. In addition, issues related to the invalidity of the contract were analyzed. Finally, it was considered whether public procurement contracts implement the principle of contract freedom and what restrictions they are experiencing under the provisions of the Public Procurement Law. The study raises the issue of whether public procurement contracts are in the nature of adhesive contracts.

THE CONTRACT SYSTEM OF PUBLIC PROCUREMENT IN RUSSIA: PROBLEMS OF FUNCTIONING AND WAYS OF THEIR SOLUTION

2020 ◽  
Author(s):  
Irina Alekseevna Burkina ◽  
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legislative Regulation ◽  
Procurement Planning

The article is devoted to the problems of public procurement planning, dishonesty of customers and bidders, abuse of non-competitive methods of determining the winner and imperfection of legislative regulation. The main goal of this study is to identify possible ways to improve the public procurement contract system in Russia.

Green Public Procurement

2019 ◽  
pp. 136-160
Author(s):  
Carmen Lenuta Trica ◽  
Luminita Ghita
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
The Public ◽  
Green Procurement ◽  
Product Categories ◽  
Legal Provisions ◽  
Green Public Procurement ◽  
Environmental Requirements ◽  
Procurement Contracts

At present, legal provisions and environmental policy regulate the possibilities of using environmental considerations in the development of award criteria, as well as in the performance clauses of procurement contracts. The first part of the chapter analyzes the concept of green procurement and product categories for which green procurement can be used. The second part of the chapter presents the benefits of using green procurement. The third part of the chapter will include assessing the progress and impact of using green procurement. The fourth part of the chapter analyzes the legal framework for public procurement in Romania, as well as the capacity of the market to offer and develop products and services that include minimum environmental requirements and criteria. In the fifth part of the chapter, the authors analyze the possibility of implementing a mechanism for the operation and implementation of the legal provisions in Romania in order to improve the quality of the services and optimize the costs of the public procurement.

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 APPLICATION OF THE PUBLIC PROCUREMENT SYSTEM IN BOSNIA AND HERZEGOVINA WITH REGARD TO THE IMPROVEMENT AND DEVELOPMENT OF EDUCATION AND TRAINING / PRIMJENA SISTEMA JAVNIH NABAVKI U BOSNI I HERCEGOVINI S OSVRTOM NA UNAPREĐENJE I RAZVOJ OBRAZOVANJA I USAVRŠAVANJA

2017 ◽  
Vol 13 (1) ◽  
Author(s):  
Ostoja Travar ◽  
Dragana Ribić
Keyword(s):  
Bosnia And Herzegovina ◽  
Global Economy ◽  
Public Procurement ◽  
Education And Training ◽  
The European Union ◽  
Public And Private ◽  
Managerial Skills ◽  
The Public ◽  
Procurement System ◽  
And Training

The public procurement system isnowadays a special discipline, and this paper explores the possibility of researching it. The main reason for researching the mentioned system is the need to apply the public procurement system by the public and private sectors. The public procurement system integrates economic and financial disciplines defined in microeconomic, macroeconomic and managerial skills and disciplines. It is very important to gain knowledge about the public procurement system for the purpose of efficient management of public finances, as well as for the sustainability and development of corporations, and for the country to attract foreign investments. Public procurement in the European Union, Bosnia and Herzegovina and neighbouring countries represents a significant market. Surely, it can be ascertained that studying public procurement will contribute to the development of legal, economic, institutional and operational foundation for the purpose of more efficient functioning of the public procurement system in Bosnia and Herzegovina, in line with the EU standards. A segment of the overall research refers to the education and training, which will ensure a sustainable programme of training of personnel working in the public procurement system, in line with the new legislative framework. Thereby, they will, indirectly, contribute to the strengthening of the public procurement system for the purpose of Bosnia and Herzegovina’s approximation to European integration and integration into global economy.

PRINUDNO PRIBAVLjANjE DOBARA I USLUGA SA OSVRTOM NA EKSPROPRIJACIJU (osnovne postavke)

2021 ◽  
pp. 268-289
Author(s):  
Milan Rapajić ◽  
Keyword(s):  
Public Procurement ◽  
Public Law ◽  
The State ◽  
Legal Person ◽  
Historical Aspect ◽  
Private Goods ◽  
The Public ◽  
Goods And Services ◽  
Positive Law ◽  
Legal Nature

In this paper, the author deals with the issue of forced acquisition of goods and services. The topic is approached both according to positive law and from the historical aspect. Attention is paid to various forms of confiscation of property with a special analysis of the process of expropriation of private goods and services. After public procurement, expropriation is the most common type of procurement of goods and services for the benefit of the state or the wider community. Also, expropriation, on the other hand, is a forced way of transferring the property rights of a natural or legal person on immovable property in favor of the state, which is done in the public interest and with compensation (which should be fair). Other coercive ways of acquiring property for the benefit of the state (ie public entities) are: nationalization, confiscation and arondation. However, only expropriation (from the extraordinary measures mentioned in the paper) has a wider application or significance for the regular functioning of the state, ie its public administration. The author (also) looks at the types of forced acquisition of goods and services for their temporary use. Requisition for the needs of the country's defense is of wider significance. Finally, instead of a conclusion, the legal nature of expropriation was pointed out. It is an institute of mixed legal nature - administrative law nature (public law elements) and property law nature (civil law elements). However, its public law elements prevail.

SAFETY OF INVESTMENT PROCESS PARTIES IN THE ASPECT OF CONSTRUCTION WORK CONTRACT

2017 ◽  
Vol 186 (4) ◽  
pp. 208-215 ◽  
Author(s):  
Beata GRZYL ◽  
Emilia MISZEWSKA-URBAŃSKA, ◽  
Agata SIEMASZKO
Keyword(s):  
Public Procurement ◽  
Investment Project ◽  
Construction Work ◽  
The Public ◽  
Potential Source ◽  
Procurement Contract ◽  
Potential Risks ◽  
Mutual Relations ◽  
Investment Process ◽  
Work Contract

The essential characteristics of a construction investment project include, but are not limited to: individual, comprehensive, specialized, complex and multi-step nature of activities, significant time constraints, demand for different qualifications and resources (material, financial). The above characteristics are a potential source of risk, which makes it necessary to accurately describe the mutual relations of entities involved in the project - primarily in the scope of the content of a construction work contract. Its task is to settle the commitments of the parties, their rights and obligations, and the responsibility for actions taken at the stage of preparation and implementation of the investment, in order to ensure its safe and non-conflicting realization. Signing a construction work contract results in the assumption of specific responsibilities by each party. In practice there are numerous examples of contractual clauses, which constitute a gross violation of the safety and balance of the parties in the area of fair and even distribution of potential risk. Most often two groups of contractual provisions are observed in the content of works contracts. The first one contains an unreasonable limitation of the contractor's entitlements, the other includes the irrational extension of the contractor's obligations and the transfer of numerous consequences of potential risks. The incorrect, i.e. unequal division of risk and its consequences is the most common cause of disputes between parties to a construction work contract. The paper presents the issue of asymmetry in the allocation of risks and limitations in shaping the contents of the public procurement contract, in terms of the safety of parties to construction work contracts

scholarly journals Possibilities of the Contracting Authority to Amend the Public Procurement Contract/Framework Agreement

2021 ◽  
Vol 27 (2) ◽  
pp. 72-77
Author(s):  
Ioan Gabriel Popa
Keyword(s):  
Public Procurement ◽  
Framework Agreement ◽  
Procurement Process ◽  
The Public ◽  
Procurement Contract ◽  
The Law ◽  
The Way

Abstract The experience gained in the field of public procurement leads me to the statement that the activity of amending the public procurement contract / framework agreement is a challenging activity for the contracting authority. Maybe not from the perspective of elaborating the documents necessary to operate the change or changes that may be required during the development of the public procurement contract / framework agreement, but rather from the perspective of the solutions offered by the law, solutions that cover only certain areas. Starting from the normative acts in force, this paper aims to identify the situations and the way in which the contracting authority can modify the public procurement contract / framework agreement, the documents to be elaborated and the effects that the modifications might entail. In order to increase transparency, predictability and coherence in relation to the operation of contractual changes, contracting authorities should carry out analyses after each public procurement process as well as of the various practical situations encountered during the execution of contracts.

scholarly journals O Controle Externo dos Contratos da Administração Pública pelo Tribunal de Contas: Ensaio sobre o Momento da Fiscalização Financeira Adotado no Brasil e em Portugal

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Gilberto Pinto Monteiro Diniz
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Financial Supervision ◽  
External Control ◽  
Legal Norms ◽  
The Public ◽  
Contract Performance ◽  
The Moment ◽  
High Degree ◽  
Procurement Contracts

O CONTROLE EXTERNO DOS CONTRATOS DA ADMINISTRAÇÃO PÚBLICA PELO TRIBUNAL DE CONTAS: ENSAIO SOBRE O MOMENTO DA FISCALIZAÇÃO FINANCEIRA ADOTADO NO BRASIL E EM PORTUGAL EXTERNAL CONTROL OF PUBLIC ADMINISTRATION PROCUREMENT CONTRACTS BY THE COURT OF AUDITORS: ESSAY ON THE MOMENT OF FINANCIAL SUPERVISION ADOPTED IN BRAZIL AND PORTUGAL Gilberto Pinto Monteiro DinizRESUMO: No Brasil e em Portugal, a contratação pública representa uma das principais fontes de despesa pública, constituindo-se, portanto, matéria de elevado grau de relevância e materialidade para a fiscalização financeira a cargo do tribunal de contas. Em razão disso, o objetivo deste trabalho é demonstrar o momento adotado pelos órgãos de controle externo desses dois países para verificar se o procedimento adotado pela Administração Pública para efetivar a contratação pública obedeceu às normas jurídicas pertinentes, bem assim se a execução contratual cumpriu com êxito o objeto pactuado e, ainda, se atingiu o resultado desejado. PALAVRAS-CHAVE: Tribunal de contas; fiscalização financeira; controle prévio, concomitante e subsequente; contratação pública. ABSTRACT: In Brazil and Portugal, public procurement represents a major source of public expenditure and thus constitutes a matter of high degree of relevance and materiality for the financial supervision handled by the Court of Auditors. For this reason, the aim of this work is to demonstrate the moment adopted by the external control bodies of these two countries to check if the procedure adopted by the Public Administration to carry out the public procurement abided by the relevant legal norms, as well as if the contract performance successfully fulfilled the agreed subject matter and, also, if it has reached the desired result.KEYWORDS: Court of auditors; financial supervision; prior, concomitant, and subsequent checking; public procurement.SUMÁRIO: Introdução. 1. Estado democrático de direito e controle externo exercido pelo tribunal de contas. 2. Inserção do tribunal de contas na estrutura do estado. 2.1. No estado brasileiro. 2.2. No estado português. 3. Contratação pública. 3.1. Relevância econômica e financeira da contratação pública. 4. Fiscalização financeira da contratação pública pelo tribunal de contas. 5. Momento da fiscalização financeira da contratação pública: prévio, concomitante e subsequente. 5.1. Momento adotado no Brasil. 5.2. Momento adotado em Portugal. Considerações finais. Referências.

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