scholarly journals Brak decyzji uprawniającej a ważność umowy w działalności gospodarczej obszar zamówień publicznych

2018 ◽  
Vol 114 ◽  
pp. 533-546
Author(s):  
Tadeusz Kocowski
Keyword(s):  
Economic Activity ◽  
Public Procurement ◽  
The Public ◽  
Freedom Of Contract ◽  
The Law ◽  
Public Contract

NON-POSSESSION OF THE REQUIRED DECISION AND VALIDITY OF THE CONTRACT IN ECONOMIC ACTIVITY SPHERE OF PUBLIC PROCUREMENTIn the case of public procurement, the non-possession of the required decision by the contractor by the law and the terms of the proceedings results in the exclusion of the contractor from the award procedure and rejection of its off er. In this case, the public contract is not concluded. Public procurement are contracts concluded in conditions where it is difficult to talk about the implementation of the principle of freedom of contract. It remains to be determined what effect would be caused by the lack, on the part of the contractor, of the empowerment decisions required by law, if the contract were concluded under conditions of freedom of contract.

scholarly journals MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE

2018 ◽  
Vol 4 (2) ◽  
pp. 333-357
Author(s):  
Theodora Pritadianing Saputri
Keyword(s):  
Public Procurement ◽  
Corporate Restructuring ◽  
The Public ◽  
Freedom Of Contract ◽  
Fair Competition ◽  
Procurement Procedure ◽  
The Government ◽  
Public Contract

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract.  In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.

scholarly journals Viešojo pirkimo sutarties negaliojimas pagal Europos Sąjungos ir Lietuvos teisę

Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 98-117
Author(s):  
Deividas Soloveičikas ◽  
Karolis Šimanskis
Keyword(s):  
Positive Impact ◽  
Public Procurement ◽  
Legal Regulation ◽  
Legal Practice ◽  
The Public ◽  
The Law ◽  
General Influence ◽  
Public Contract

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.

LOCAL GOVERNMENT SERVICING UNITS AS A CENTRAL CONTRACTING AUTHORITY

2020 ◽  
Vol 1 (XX) ◽  
pp. 111-121
Author(s):  
Kamila Żmuda-Matan
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Public Procurement ◽  
Shared Services ◽  
The Public ◽  
Joint Activities ◽  
The Law ◽  
Special Provision

The scope of tasks entrusted to the servicing units, the so-called shared services centres, as part of the joint service results from the resolution of the decision-making body of the local government unit or from an agreement concluded between units, with restrictions resulting from the local government laws. By means of a special provision of the public procurement law, the legislator granted the competence to indicate or appoint an entity performing central contracting tasks or to specify the method of appointing such entities to the decision-making body of the local government unit. The competences of the commune council also include determining the scope of activities of these entities in accordance with Art. 15c of the Public Procurement Law. The perspective of providing by the commune of the joint service of the commune’s organisational units may therefore include joint activities in the scope of the procurement procedures, but then it is necessary to apply both the provisions of the law on commune government and the public procurement law. The indication or appointment of a central contracting authority by the decision-making body of the local government unit must be the activity preceding the transfer of specific tasks in the field of public procurement to this entity.

scholarly journals Compliance Issues with Public Procurement Regulations in Ghana

2019 ◽  
Vol 14 (5) ◽  
pp. 1 ◽  
Author(s):  
Godwin Uzoma Chikwere ◽  
Simon S. K. Dzandu ◽  
Mawuko Dza
Keyword(s):  
Public Procurement ◽  
Sampling Technique ◽  
Simple Random Sampling ◽  
Legal Framework ◽  
Public Institutions ◽  
P Value ◽  
Public Officials ◽  
The Public ◽  
Political Interference ◽  
The Law

This study examines compliance issues with public procurement regulations in Ghana. The simple random sampling technique was used to draw a sample size of 100 practitioners from public institutions in Ghana. The collected data were analysed using descriptive and inferential statistics. The study revealed that although public procurement entities in Ghana have made some strides in improving compliance levels with the public procurement law, majority of public institutions disregard their management systems and contract management processes among others. The study indicates that familiarity (p-value = 0.020) though inversely related, incompetence (p-value =0.023), political interference (p-value =0.000) and poor monitoring (p-value =0.010) were significant factors in explaining non-compliance with the legal framework of public procurement in Ghana. The research further discovered that officials in charge of public procurement flout the rules and regulations with impunity. To address the issue of non-conformance by public officials, it is imperative for the Public Procurement Authority to desist from embarking on what could best be described as selective justice and apply the law equally on all non-conforming public institutions. The authority must also strengthen its monitoring systems to ensure that offenders are apprehended and adequately sanctioned according to the law.

scholarly journals Features of using the electronic system ProZorro in public procurement in Ukraine: problems and ways to overcome them

2021 ◽  
pp. 100-113
Author(s):  
Natalia Ponomarenko ◽  
Christina Voznyakovska ◽  
Julia Nemish
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Positive Impact ◽  
Public Procurement ◽  
Electronic System ◽  
Tender Offers ◽  
The Public ◽  
General Scientific ◽  
The Law ◽  
Procurement System

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.

scholarly journals Wyłączenie stosowania przepisów ustawy o swobodzie działalności gospodarczej w sprawach o cofnięcie koncesji na prowadzenie kasyna gry a ochrona interesu publicznego

Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 211-221
Author(s):  
Konrad Kopystyński
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The Other ◽  
The Public ◽  
Other Hand ◽  
The Law

Exclusion of the application provisions of freedom of economic activity act in the scope of concession for operating casino games and the protection of the public interestThis article presents the comparison between provisions of freedom of economic activity act and the law on gambling in scope of conditions related to revoking concession for operating casino games. To revoke that concession, only provisions of law on gambling can be applied because of provisions of freedom of economic activity act are excluded in that cases. That regulation allows the raising of freedom economic activity, but the other hand — also causes the limitation in the protec­tion of public interest.

Legal consequences of refusal of public procurement authority to conclude the contract with the winner of the competitive procurement procedure

2021 ◽  
pp. 60-68
Author(s):  
S. S. Dombaev
Keyword(s):  
Public Procurement ◽  
Best Interests ◽  
Federal Law ◽  
The Public ◽  
Public Nature ◽  
The Law ◽  
Procurement Procedure ◽  
Legal Consequences ◽  
Legal Entities

This article proposes to consider the debatable question regarding the legal consequences associated with the refusal of public procurement authority to conclude an agreement with the winner of the competitive procurement procedure conducted in accordance with the Federal Law dated 18.07.2011 No. 223 — FZ “On the procurement of goods, work, services by certain types of legal entities” (hereinafter — “Law No. 223”, the Law on Corporate Procurement). The article doubts the attempts to justify from the current legislation standpoint the existence of the obligation of the public procurement authority to conclude an agreement with the winner of the competitive procurement procedure provided with the possibility of judicial enforcement. In the absence of such an obligation, the author suggests to review the legal measures available to the winner of the competitive procurement procedure in order to protect its interests. At the same time, the article states that such measures are insufficient to the best interests of the winner of the competitive procurement procedure and does not comply with the public nature of relations in the field of corporate procurement. It is proposed to amend the Law on Corporate Procurement to eliminate these inconsistencies.

The Public Procurement System in Russia: Toward a New Quality

2010 ◽  
pp. 88-107 ◽  
Author(s):  
A. Yakovlev ◽  
O. Alliluyeva ◽  
I. Kuznetsova ◽  
A. Shamrin ◽  
M. Yudkevich ◽  
...  
Keyword(s):  
Public Procurement ◽  
Legal Practice ◽  
Current Version ◽  
The Public ◽  
The Law ◽  
Procurement System

This paper examines main principles that form the basis of the Law on placement of orders for public procurement (94-FL) in its current version. The authors outline a whole set of positive changes as well as negative developments following this legal practice. They pay special attention to discussion of problems and imperfections in the system singled out by real participants in the procurements. The authors formulate a range of challenges and tasks to be solved in a new version of the Law on public procurement, and offer an indispensable set of conditions to be allowed for solution of these tasks.

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.

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