A Study on Reform of Public Procurement Contract Law - Focusing on ‘Act on the contract in which state is a party’ -

2009 ◽  
Vol 28 (null) ◽  
pp. 25-59 ◽  
Author(s):  
KimDaein
Keyword(s):  
Public Procurement ◽  
Contract Law ◽  
Procurement Contract

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.

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.

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 FEATURES OF CONCLUSION OF AGREEMENTS IN THE FIELD OF ECONOMIC AND TRADE ACTIVITY

2021 ◽  
Vol 1 (10) ◽  
pp. 30-33
Author(s):  
A. Manzhula ◽  
◽  
V. Kuripko ◽  
Keyword(s):  
Contract Law ◽  
Retail Trade ◽  
Agricultural Products ◽  
Legal Analysis ◽  
Economic Activities ◽  
Procurement Contract ◽  
General Rules ◽  
Capital Construction ◽  
Means Of Production ◽  
Economic Agreement

The article is devoted to the legal analysis of the peculiarities of concluding agreements in the sphere of economic and trade activity. The article emphasizes that among the civil law contracts, which are the basis for the obligation, a special place is occupied by the trade and economic contract. It is noted that the trade and economic agreement does not mean a separate type, but a set of agreements with a number of such inherent qualities that necessitate to establish within the general rules of contract law rules common to business agreements only - deliveries, contracts for capital construction, transportation of goods, operation of non-public railway access roads, etc. The commonality of these agreements is expressed in a number of features, which are also covered in this article. It is emphasized that trade and economic agreements pursue certain economic goals and serve economic activities. It is noted that the specifics of trade and economic agreements is that they are or are planned. It is recorded that the forms of economic and trade activities include: logistics and sales (supply and purchase and sale); energy supply; procurement (contract of contracting of agricultural products); Wholesale; retail trade and public catering; sale and lease of means of production; commercial mediation in the implementation of trade activities and other ancillary activities to ensure the sale of goods (services) in the field of circulation (agency agreements, commissions, instructions, transport and forwarding activities, etc.). Emphasis is placed on the fact that this commonality of all economic agreements and necessitates the establishment of a number of general rules for them, and therefore it is necessary to study the theoretical basis of the trade and economic agreement.

scholarly journals What Influences Adoption of Green Award Criteria in a Public Contract? An Empirical Analysis of 2018 European Public Procurement Contract Award Notices

2020 ◽  
Vol 12 (3) ◽  
pp. 1261
Author(s):  
Chunling Yu ◽  
Toru Morotomi ◽  
Haiping Yu
Keyword(s):  
Social Services ◽  
Empirical Analysis ◽  
Public Procurement ◽  
Government Procurement ◽  
Probit Regression ◽  
Business Services ◽  
Services Sector ◽  
Public Contracting ◽  
Procurement Contract ◽  
Green Public Procurement

Green public procurement (GPP) is a policy tool aiming to achieve environmental protection and resource reservation via public procurement. After decades of adaptation, what promotes and hinders its uptake in public contracting remains difficult to discern. This research explores factors that influence the adoption of green award criteria, covering features of procurement procedures, purchasers, tenderers, and the business sectors through empirical analysis of Probit regression combined with a fixed term method. The data is contract award notices (CAN) from 33 countries in Europe in 2018. Our findings suggest that framework agreements, the medical products sector, the health and social services sector, and the business services sector are negatively correlated with whether a contract is green. On the other hand, the contract value, Government Procurement Agreement (GPA)coverage, joint procurement, competitive dialogue, negotiation with competition (with a call for competition), restricted procedure, transport equipment sector, and food sector can positively correlate with green contracts, or these factors increase the possibility of a contract being green. Explicit explanations on these relations are provided. This research identifies factors relating with and influencing the application of green award criteria in public contracts, which would inform public sectors on efficient resources allocation in terms of increasing green public procurement performance.

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.

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

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