scholarly journals PUBLIC PROCUREMENT AS A TOOL TO STIMULATE INNOVATION IN UZBEKISTAN ON THE EXAMPLE OF THE EXPERIENCE OF CHINA

2021 ◽  
Author(s):  
Mardanova Rano Isakovna ◽  
Akramov Azamat Ramziddinovich
Keyword(s):  
Public Procurement ◽  
Developed Countries ◽  
The State

The state of public procurement as a tool for stimulating innovation is analyzed both in developed countries and in Uzbekistan. It is proposed to conclude that at different stages of placing and executing a government order, there are many risks, especially in countries where there is still a centralized procurement organization. It is necessary to use special methods of placing a state order and establish high qualification requirements both for the customer's personnel and for the specialists involved.

Analysis of relations in the state sector of Russian public procurement

2018 ◽  
pp. 106-126
Author(s):  
O. V. Anchishkina
Keyword(s):  
Current Practice ◽  
Public Procurement ◽  
The State ◽  
Market Failures ◽  
Administrative System ◽  
State Sector ◽  
Contractual Relations ◽  
State Organizations ◽  
State Organization ◽  
Negative Factors

The paper deals with a special sector of public procurement — G2G, in which state organizations act as both customers and suppliers. The analysis shows the convergence between contractual and administrative relations and risks of transferring the negative factors, responsible for market failures, into the administrative system, as well as the changing nature of the state organization. Budget losses in the sector G2G are revealed and estimated. There are doubts, whether the current practice of substitution of market-based instruments for administrative requirements is able to maintain integrity of public procurement in the situation of growing strategic challenges. Measures are proposed for the adjustment and privatization of contractual relations.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

HARMONISING PUBLIC PROCUREMENT IN THE SADC

2014 ◽  
Vol 1 (1) ◽  
pp. 90-109
Author(s):  
Stephen De la Harpe
Keyword(s):  
International Trade ◽  
Free Trade ◽  
Public Procurement ◽  
Developed Countries ◽  
Government Procurement ◽  
Substantial Part ◽  
Private Industry ◽  
Regional Competition ◽  
Model Law ◽  
Opening Up

The promotion of international trade is seen as one of the important instruments to ensure development in developing nations and regions. The history of the World Trade Organisation (WTO) and the drafting of many regional and similar international trade agreements are evidence of this. The Southern African Development Community (SADC) is no exception.1 It is therefore strange that many states that are members of the WTO and actively encourage the opening up of international borders to free trade do not include public procurement2 in such free trade arrangements. This is particularly evident in developing states. If the WTO Government Procurement Agreement (GPA), which is a plurilateral agreement, is considered it is clear that many states do not wish to open their internal markets to competition in the public procurement sphere. It is therefore not surprising that public procurement has been described as the last rampart of state protectionism (Ky, 2012). Public procurement is an important segment of trade in any country (Arrowsmith & Davies, 1998). It is estimated that public procurement represents between 10% and 15% of the gross domestic product (GDP) of developed countries and up to 25% of GDP in developing states (Wittig, 1999). Unfortunately, governments often expect private industry to open up national markets for international competition but do not lead the way. Except for the limited use of pooled procurement,3 no specific provision is at present made for the harmonisation and integration of public procurement in the SADC. In view of the proximity of the member states, the interdependency of their economies and the benefits that can be derived from opening up their boundaries to regional competition in public procurement, the possibility of harmonisation and deeper integration in this sphere needs to be given more attention. The importance of public procurement in international trade and regional integration is twofold: first, it forms a substantial part of trade with the related economic and developmental implications; secondly, it is used by governments as an instrument to address socio-economic issues. Public procurement spending is also important because of its potential influence on human rights, including aspects such as the alleviation of poverty, the achievement of acceptable labour standards and environmental goals, and similar issues (McCrudden, 1999). In this article the need to harmonise public procurement in the SADC in order to open up public procurement to regional competition, some of the obstacles preventing this, and possible solutions are discussed. Reference is made to international instruments such as the United Nations Commission on International Trade Law (UNCITRAL), the Model Law on Public Procurement and the GPA. In particular, the progress made in the Common Market for Eastern and Southern Africa (COMESA) with regard to the harmonisation of public procurement, which was based on the Model Law, will be used to suggest possible solutions to the problem of harmonising public procurement in the SADC.

On the issue of the revitalization and modernization of the engineering in Russia

2019 ◽  
pp. 19-24
Author(s):  
A. E. Melnikov
Keyword(s):  
National Economy ◽  
Technological Progress ◽  
Developed Countries ◽  
The State ◽  
Engineering Technology ◽  
Operational Characteristics ◽  
Technical Potential ◽  
Significant Barrier ◽  
The Developed Countries ◽  
Competitive Products

Currently, one of the important tasks of the economic policy of Russia is the formation of a hightech image of the national economy, capable of effective functioning in the changing global geopolitical and geoeconomic conditions. In this context, the issue of revitalization of mechanical engineering, which plays a key role in the development of the country’s economy, is of particular relevance. This sector is a link between scientific and technological progress and the level of provision of domestic producers with domestic machines and equipment, allowing them to produce competitive products and to a lesser extent depend on the state of the external environment. The example of the developed countries of the world shows that the development of advanced engineering technology significantly increases the efficiency of the national economy, helps to accelerate its growth. At the same time, in Russia, in order to unleash the scientific and technical potential and activate engineering, it is necessary to initiate modernization processes in it. Based on the foregoing, the purpose of the study is to analyze the state of Russian engineering from the position of its role in the country’s economy. It is shown that at present a significant barrier to the development of this sector is the predominance of imported equipment, due to technical and operational characteristics, often superior to domestic counterparts.

FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Contractual Relations ◽  
Procurement System ◽  
State Defense

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.

ЦИФРОВАЯ ТРАНСФОРМАЦИЯ ЭКОНОМИКИ РОССИИ:УГРОЗЫ И ПЕРСПЕКТИВЫ

2020 ◽  
Author(s):  
T.B. Mikulin ◽  
IU.S. Panov ◽  
L.I. Krugliak
Keyword(s):  
Digital Technologies ◽  
Developed Countries ◽  
Digital Economy ◽  
The State ◽  
Modern Trend ◽  
State And Society ◽  
Radical Transformation

развитие цифровых технологий сформировало современный тренд к переходу на цифровую экономику для многих развитых государств, что требует кардинального трансформирования многих сфер деятельности государства и обществаthe Development of digital technologies has formed a modern trend towards the transition to a digital economy for many developed countries, which requires a radical transformation of many areas of activity of the state and society.

Reform of the system of development institutions of the Far East: directions and tasks

2020 ◽  
Vol 93 (4) ◽  
pp. 101-108
Author(s):  
I. S. Khvan ◽  
Keyword(s):  
Regional Development ◽  
Russian Federation ◽  
Far East ◽  
Developed Countries ◽  
The State ◽  
Market Failures ◽  
The Far East ◽  
Development Institutions ◽  
State Corporation ◽  
The Russian Federation

Development institutions are an important modern instrument of government regulation of the economy in all developed countries. The system of development institutions of the Russian Federation includes the federal and regional development institutions. Key federal development institutions include such well-known state corporations as the investment fund of the Russian Federation; the State Corporation "Bank for Development and Foreign Economic Activity (Vnesheconombank)"; the state corporation "Russian Corporation of Nanotechnologies," etc. According to experts of the Ministry of Economic Development of the Russian Federation, about 200 regional development institutions operate on the territory of the constituent entities of the Russian Federation. The objectives of this extensive system of development institutions so far have been to overcome the so-called "market failures," which cannot be optimally realized by the market mechanisms, and to promote the sustained economic growth of a country or an individual region. In November 2020, the Government of the Russian Federation announced the reform of the system of development institutions in the country. The article analyzes the goals and main directions of the announced reform. On the example of the system of development institutions of the Far East, an attempt was made to assess its possible consequences.

Migration, Poverty, the Role of State, (International) Law and Development in the Industrialised Countries of Europe

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Brian-Vincent Ikejiaku
Keyword(s):  
Middle East ◽  
International Law ◽  
Developed Countries ◽  
The State ◽  
Border Security ◽  
Law And Development ◽  
Poor Countries ◽  
Role Of The State ◽  
Industrialised Countries

Abstract The current radical strategies by which there is, on one hand, an increasing European assistance to developing poor countries of Africa/Middle East and on the other hand, tightened border-security within Europe as a means to reduce migration from the South; may worsen the state of poverty in Europe, particularly on the immigrants and impact on the workforce in Europe with implication on development. Though, these strategies may sound radically appealing, they are however, unlikely to reduce migration flows to Europe. While there is still a “wide development gap” between the poor countries of Africa/Middle East and industrialised countries of Europe, migration will often increase, at least in the next two-three decades. Radical border security in Europe will expose the migrants to human trafficking in different form and manifestation contrary to Article 3 UN Protocol on Trafficking in Person. The paper examines the role of the State and Law and development, in addressing the issues of poverty and migration within the industrialised countries of Europe. The research argues that there is the likelihood that poverty and human right issues will increase in Europe in the near-future, if the State/EU fails to play their role, by changing their policy direction and repositioning themselves by improving their Law and development stance. The research employs the human rights-based approach, interdisciplinary and critical-analytical perspective within the framework of international Law and development. It employs qualitative empirical evidence from developed countries of Europe and poor developing countries for analysis.

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