scholarly journals The Concept of Introducing Eco-Friendly Criteria into The Contract Procurement System

2021 ◽  
Vol 12 (4) ◽  
pp. 150-158
Author(s):  
Kirill A. Belokrylov ◽  
◽  
Alena N. Vakulenko ◽  
Alena O. Kishkovskaya ◽  
Anastasia N. Situkho ◽  
...  

The article analyses the current level of development of the topic of "green" public procurement both in Russian legal acts and in domestic scientific literature. The authors conducted a categorical analysis of the term "green" public procurement, based on which the definition recommended for use in the Russian system was derived. The analysis of international experience in the implementation and development of green procurement was followed by a description of the specifics of legal regulation in several countries. By means of an electronic questionnaire survey of contracting system entities, the current level of application of environmental criteria in procurement was empirically assessed and the attitudes of Russian customers and suppliers towards the introduction of new environmental requirements in procurement legislation were identified. Thus, customers are not motivated to use "green" criteria, as they are not aware of them and their application may be regarded by regulatory authorities as a restriction of competition, and suppliers are not interested in producing such products, since they will not be competitive due to the high price. Based on the results obtained, recommendations were developed for the gradual, step-by-step incorporation of norms and practices related to the greening of the procurement process into the contract system.

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  

The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.


Author(s):  
A. N. Golomolzin

The article is devoted to the development of Antimonopoly policy for the future 2021-2025, which ensures the fundamental rights and freedoms of consumers and entrepreneurs, and supports existing and new forms of economic activity in the context of profound changes in the economy. It is about how the new situation in the markets and in life is beginning to test the foundations of understanding economic and human relations. The author formulates the values of economic development in the new conditions. It is said that the role of consumers in the conditions of clip thinking is decreasing, and they need to be activated in the digital economy. The author assesses the emergence and development of new «human — machine» and «machine - machine» relationships, the ongoing convergence processes, the formation of multilateral, interconnected and global markets, and the correlation of the real and virtual world.Approaches to intellectual Antimonopoly regulation that stimulate innovative development are proposed. Recommendations are given for improving the Antimonopoly policy, taking into account the problems and challenges caused by the coronavirus and similar threats. Approaches to legal regulation of the activities of operators (aggregators) of digital platforms are proposed. Recommendations are given on the procedure for applying Antimonopoly legislation to actions and agreements on the exercise of exclusive rights to the results of intellectual activity. The article substantiates the need to switch to Pro-competitive, flexible, long-term tariff regulation and resuscitate structural reforms based on competitive mechanisms. Changes in international cooperation in the field of Antimonopoly policy are discussed. It is said about creating equal conditions for the activities of Russian and foreign participants in the e-Commerce markets. It is shown how, based on the creation of an exchange ecosystem, it is possible to form one of the world's financial centers in the country. Proposals are made to decriminalize the regulation and control of economic relations in General, as well as issues of Antimonopoly and tariff policy, and state procurements. We propose conceptual changes in the public procurement system with the transition from control of procedures to control the achievement of results using objective quotations of the prices of goods (works, services).


Author(s):  
Carmen Lenuta Trica ◽  
Luminita Ghita

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.


2020 ◽  
Vol 13 (4) ◽  
pp. 28
Author(s):  
Viktoriia Holubieva

In the current geopolitical and economic relations between the states, in particular the relations with the participation of Ukraine, the availability of an effective and efficient mechanism for the implementation of government procurement becomes important, which is also guaranteed by international and national legal regulation. The purpose of the study is to characterize the System of national legal regulation of public procurement of Ukraine, to determine the features of the impact of international law on the Ukrainian procurement system, as well as ways to improve it. The results showed that the legal regulation of government procurement on the territory of Ukraine is undergoing significant changes, in connection with the harmonisation of legislation to international (worldwide and regional) standards, this stipulates the adoption of a large number of regulatory acts. The study proved that the majority part of the WTO GPA and Association Agreement provisions in the field of government procurement has already been implemented or is being implemented by Ukraine. Indeed, taking into account the access to the EU market obtained within the GPA framework, Ukraine has already not so many external incentives for the full compliance with the obligations to harmonize the legislation under the Association Agreement than it was expected at its signing. One cannot forget that the enhancement of Ukraine’s positions on the international stage contributes to performing its own international obligations, especially to the countries and international organizations / integrations, partners, donors and creditors.


Author(s):  
G. K. Osipova ◽  
◽  
N. A. Zhilnikova ◽  

The article consists the approaches to a solution on including the environmental criteria in the public procurement system. The Guide to the implementation of public “green” procurement in Russia is developed on the results of the analysis of European and Russian legislation. The use of the recommendations provided in the guide will allow purchasing organizations to acquire the skills to work independently on integrating environmental criteria into their procurement practices.


Author(s):  
Jose Fuentes-Bargues ◽  
Pablo Ferrer-Gisbert ◽  
Mª. González-Cruz

Universities play an important role among public institutions because they initiate huge purchasing and contracting activities and contribute to sustainable development through education, research, and day-to-day operations. Existing studies on green public procurement (GPP) practices at Spanish universities focus on products and services. For this study, a total of 316 procedures were collected and analysed from the calls for tenders made by Spanish public universities between 2016 and 2017. The environmental criteria involved in the tenders and their weights were classified by subsector, geographical scope, and project budget. The results of this study show the use of environmental criteria in the works tendered by Spanish public universities is low (19.2%) in comparison with the results of other studies. It is therefore necessary to encourage GPP practices in the contracting process to comply with the environmental policies that universities have defined as part of their institutional policies.


Author(s):  
Jose Luis Fuentes-Bargues ◽  
Pablo Sebastian Ferrer-Gisbert ◽  
Mª Carmen González-Cruz ◽  
María Jose Bastante-Ceca

Research on current practices and the state of green public procurement enables the identification of areas that can be improved, as well as opportunities to improve the tendering procedures from an environmental point of view. To understand the behaviour of local, provincial, and regional administrations concerning green public procurement, a case study on the Valencia region of Spain is made. The Valencian region is one of the most important communities in terms of population, number of contracting authorities, and weight in the Spanish Gross Domestic Product. In this study, a total of 967 procedures were analysed from calls for tenders made by municipal, provincial, and regional administrations in2016 and 2017.The results of this study show that the use of environmental criteria is 19.7% and the average weight is 4.1 out of 100. The civil engineering subsector, more than the building subsector, employs environmental criteria, particularly in projects tendered by regional administrations, whereas for projects with large budgets the level of use is similar for both subsectors. It is necessary to encourage plans to improve Green Public Procurement (GPP) practices in the Valencian administrations, especially those with a local scope such as municipalities.


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