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 Public Procurement Development: from the Past to the Present

2021 ◽  
Vol 26 (1) ◽  
pp. 129-134
Author(s):  
Tetyana Pisochenko ◽  
◽  
Kateryna Tishechkina ◽  
Semen Yunoshev ◽  
◽  
...  
Keyword(s):  
Public Procurement ◽  
Electronic System ◽  
The State ◽  
The Public ◽  
Electronic Procurement ◽  
Future Developments ◽  
Innovative Solutions ◽  
The Law ◽  
Procurement System ◽  
Weak Independence

Abstract. Introduction. Any political system exists as a set of institutions and organizations that are collectively responsible for social organization and assuming various managerial functions. Since the fundamental task of the state is to ensure sustainable economic development, the processes that can ensure certain economic shifts are almost a defining component of economic policy and are urgent. Ukraine, striving for real change, did not miss this trend of change, as the political bankruptcy of the state apparatus led to weak independence, and a huge corruption component exhausted the economy and brought Ukraine to the brink of economic crisis. The decisive way to solve this problem was the renewal of the public procurement system, governed by specific regulations, and its transfer from the shadow format to the electronic one in 2016 for public availability. An e-procurement system is a tool for detecting and combating corruption through numerous tools for monitoring and analyzing public procurement. In addition, the system is unique in its structure, since it works in cooperation with three parties – government, business, and the public. Purpose. The purpose of the article is to study and compare the laws of Ukraine "On public procurement" that were in force until 2021 and the new law that came into force on 01.01.2021. Fundamental amending and supplementing to the articles of the law are subject to assessment. Results. The issue of current innovations in the public procurement sector is investigated. The historical development of the implementation of the public procurement system on the example of "Prozzoro" is highlighted. The paper deals with the cycle and the process of implementation of public procurement, the structure of the electronic system of public procurement. The general state of functioning of electronic procurement in Ukraine and tools of the e-procurement analytics module is analyzed. Public procurement procedures contribute to the provision of society with goods, works, and services in the required quantity and quality on time and acceptable contractual relations. It is difficult to imagine the development of economic prosperity without the full functioning of the mechanism of transparent public procurement, which can ensure uninterrupted interaction between all representatives of the economic system at the macroeconomic level. The Law of Ukraine "On Public Procurement" and some other legislative acts of Ukraine on strengthening control and responsibility for violations of legislation in the field of public procurement, ensuring proper protection of the rights of public procurement participants are analyzed. The prospect of further research is to consider the content and evaluation of innovations in the Law of Ukraine "On Public Procurement" and objective conclusions regarding innovative solutions and future developments. Conclusions. The most significant achievements in the development of the public procurement system in Ukraine were achieved in the period 2016-2021 since the enactment of the Law of Ukraine "On Public Procurement" and the introduction of the electronic procurement system ProZorro. To this date, the achievements in the field of reforming the public procurement system are noticeable to the general public, because the disclosure of the system has increased the level of knowledge of citizens in this area. However, there are gaps in the legislation that do not exclude the possibility of abuse by individual bidders. This necessitates further scientific research towards the development of the public procurement system in Ukraine. The prospect of further research is to consider the content and evaluation of innovations in the Law of Ukraine "On Public Procurement" and objective conclusions regarding innovative solutions and future developments.

Researching the public procurement system: An analysis of winning organizations

2020 ◽  
Vol 16 (5) ◽  
pp. 860-884
Author(s):  
V.G. Kogdenko ◽  
A.A. Sanzharov
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Debt Capital ◽  
Scientific Principles ◽  
General Scientific ◽  
Marketing Information ◽  
High Level ◽  
Return On Sales ◽  
Procurement System ◽  
Social Components

Subject. The article deals with the analysis of suppliers in the public procurement system based on reasonable prequalification parameters. Objectives. The aim is to test the hypothesis about strong reputation characteristics of the winners in the public procurement system and develop a methodology for assessing the reputation of suppliers for prequalification purposes. Methods. We employ general scientific principles and methods of research, like abstraction, generalization of approaches used by domestic and foreign authors for prequalification and assessment of reputation of public procurement participants. Results. To test the hypothesis, we calculated four groups of indicators on corporate, financial, market, and social components of reputation. The methodology was tested on the data obtained from SPARK-Interfax and SPARK-Marketing information resources. Conclusions. The study revealed that not all reputational characteristics of public procurement winners can be regarded as high level. In terms of the corporate component, it is the low level of share capital, indicating the mistrust on the part of owners and their reluctance to invest in the business, and the low percentage of non-current assets. In terms of the market component, it is a low sales growth rate, as well as low return on sales. As to the financial component, it is a low capitalization of winners, low share of long-term debt capital and low credit limit. With respect to the social component, it is a below-average tax burden.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

scholarly journals Ways to improve the efficiency of the public procurement market of the Republic of Kazakhstan

2021 ◽  
pp. 77-89
Author(s):  
R. K. Yelshibayev ◽  
S. A. Kozhabaeva ◽  
B. T. Beisegaliyev
Keyword(s):  
Economic Development ◽  
Comparative Analysis ◽  
Statistical Analysis ◽  
Public Procurement ◽  
The Public ◽  
Socio Economic Development ◽  
General Scientific ◽  
The Republic ◽  
Procurement System ◽  
Conceptual Foundations

Purpose of research. Development of theoretical and methodological provisions and economically sound proposals to improve the efficiency of the public procurement system of the Republic of Kazakhstan.Methodology. In the course of the study, various methods of general scientific knowledge, comparative analysis, economic and statistical analysis were used.Originality / value of research. The results of the study can be used in the development of regional target programs for socio-economic development, amendments and additions to the legislative and regulatory acts regulating the processes of state procurement.Research results. Through the application of appropriate research methods, the conceptual foundations of the public procurement market are disclosed, the evolution of the public procurement system of the Republic of Kazakhstan is tracked, a comparative analysis of Kazakhstani and foreign experience in building this system is carried out, the main problems of the public procurement market functioning are identified and theoretical and methodological provisions and economically sound proposals are developed. to improve its efficiency.

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 Organization of the Public Procurement System in Japan and the Possibility of Applying Experience in Russia

2021 ◽  
Vol 12 (1) ◽  
pp. 34-55
Author(s):  
I. Yu. Fedorova ◽  
Yu. S. Pipiya
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Analytical Data ◽  
Positive Development ◽  
The Public ◽  
Legislative Framework ◽  
Mechanism Of Interaction ◽  
General Scientific ◽  
The Russian Federation ◽  
Procurement System

Purpose: is to identify the features of the organization of the Japanese public procurement system and the applicability of the positive experience for Russia. For this, it is necessary to study the organization of the public procurement system in Japan, highlighting the most effective elements and tools; to show the features of the functioning of the system and possible ways of future development; to give a comparative description of the procurement systems of Japan and Russia; to suggest ways to improve the Russian procurement system, using the experience of Japan.Methods: during the work, general scientific and special research methods were used, including statistical analysis, processing of analytical data, analogies, scientific generalizations, etc.Results: as a result of the analysis of changes in the legislative framework, on the basis of which public procurement in Japan is regulated, the authors examined the qualitative characteristics of the interconnections of the procurement system participants and assessed the development prospects, incl. Special attention is paid to the content and hierarchy of regulatory legal acts regulating the scope of procurement.The important link of the author's research was the procedure for organizing procurement in the course of applying various types of procurement procedures, including open, selective and limited procurement methods. A comparative analysis of the procurement systems of Japan and the Russian Federation allowed us to determine the similarities and differences in the organization of the procurement process.Conclusions and Relevance: as a result of the analysis the validity of the execution of the state order through the competitive procurement system used in world practice has been substantiated. This formed the basis of the targeted approach and the identification of promising directions in the development of the public procurement system in Japan until 2030. The authors highlight the areas that are successfully implemented in the field of public procurement in the Russian Federation. This indicates the positive development of the Russian system, which was created taking into account the best international experience, including Japanese practice. To improve the mechanism of interaction between participants and exchange of experience in the public procurement system, directions have been identified and the most effective tools have been identified.

scholarly journals NOVELS OF CRIMINAL LEGISLATION IN THE CONDITIONS OF PANDEMIA

2020 ◽  
Vol 30 (4) ◽  
pp. 541-553
Author(s):  
A.A. Shutova ◽  
M.A. Efremova ◽  
A.A. Nikiforova
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Well Being ◽  
Main Research ◽  
General Scientific ◽  
The Subject ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

The relevance of the chosen topic is caused by changes in the current Russian administrative and criminal legislation in connection with the spread of a new coronavirus infection. Based on specific examples, the authors confirm that, in various constituent entities of the Russian Federation, a diverse practice of the application of such norms is emerging, which leads to the lack of a uniform application of the law. The subject of the study is legislative, doctrinal, interpretative provisions, as well as judicial investigative practice, reflecting the specifics of applying the law in the field of protecting citizens from the threat of the spread of infectious diseases. The purpose of the study is to analyze legislative novels and develop scientifically sound provisions to improve existing legislation and law enforcement practices in the field of counteracting encroachments in the field of sanitary and epidemiological welfare of the population. The main research method is the dialectical-materialistic method of cognition, which allows you to objectively and comprehensively consider the problems of legal assessment of offenses in the field of ensuring the sanitary and epidemiological well-being of the population. Along with it, general scientific research methods were used: analysis, synthesis, deduction, induction, abstraction; special research methods were used: formal legal, interviewing. The work provides a detailed critical analysis of the composition of administrative offenses and crimes in the field of sanitary and epidemiological welfare of the population, explores the most important issues for law enforcement. In addition, the authors propose measures to improve legislation in this area. The criminological risks of introducing a system of immune passports are studied. The scientific novelty of the study is evidenced by the main conclusions and conclusions reached by the authors, containing recommendations for improving legislation in this area and the practice of its application. The independence of the conclusions made is confirmed by a comprehensive approach to the study of new norms of the current administrative and criminal legislation, as well as materials of judicial investigative practice.

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.

scholarly journals Digitalisation of public procurement: The case study of Ukraine

2019 ◽  
Vol 53 (3) ◽  
pp. 61
Author(s):  
Nataliya Synyutka ◽  
Oksana Kurylo ◽  
Mariya Bondarchuk
Keyword(s):  
Public Procurement ◽  
Synthesis Method ◽  
Electronic System ◽  
Theoretical Background ◽  
The Public ◽  
Electronic Procurement ◽  
Public Consumption ◽  
Procurement Procedure ◽  
Procurement System ◽  
The Impact

<p><strong>Theoretical background</strong>: There is an ongoing global acceleration of automation and digitalisation in financial processes, which points to significant changes in public spending policies. After an analysis of several scientific studies, fundamental approaches have been elaborated to understand public consumption and the system of state purchases. The basic hypothesis for this research was to study the possible impact of the electronic procurement market ProZorro on state purchases in Ukraine. Possible directions are: increasing competitiveness, optimising state expenditures and saving the budget funds of public services based on innovative digital technology.</p><p><strong>Purpose of the article</strong>: The main goal is to investigate the impact of the electronic public procurement system ProZorro on corruption and bureaucracy in the public sector of Ukraine. The study object is an analysis of the volume and structure of the public procurement market, the number of procedures and participants in a bidding process, and the savings amounts in ProZorro’s public purchases during the study period in Ukraine.</p><p><strong>Research methods</strong>: The following methods were used during the research of the Ukrainian electronic procurement system: dialectical method; analysis and synthesis method – for a comparison of certain types of public procurement; subthreshold and suprathreshold statistical methods – for analysing the dynamics of indicators of the domestic system of public procurement during the period under research for a comparison of the indicators of public consumption of certain ministries and departments, different regions and territorial entities; structural and logical analysis – for generalising the theoretical and methodological principles of building a public consumption system in Ukraine. The main source of data was the data and analytical base of the ProZorro electronic public procurement system.</p><p><strong>Main findings</strong>: Effects of the innovative digital paradigm on the transparency and efficiency of public procurement are determined. Considerable attention is paid to the implementation of the electronic public procurement system ProZorro in Ukraine. The expediency is substantiated for its implementation in the national practice of budget expenditures, and the principles and procedures of implementation are analysed. The practice and dynamics of the public procurement market in Ukraine are summarised. The conclusions of the advantages of electronic system are provided, including transparency and impartiality, stimulation of competition and non-discrimination of bidding participants, reduction of corruption and the effect of reducing the savings of budget funds. Potential risks, threats and disadvantages of the ProZorro system in Ukraine are highlighted. Among them are: a high proportion of non-competitive procedures; possible latent conflict regarding the participants’ interests; unreasonable time spent on individual procedures; the justification of the procurement procedure to one participant due to a dubious “urgent need”; unreasonable application of the procurement procedure to one participant due to the falsification of conditions or the division of the procurement subject; the existence of discriminatory requirements in the documentation of competitive bidding; and a lack of efficiency in the complaints handling mechanism.</p>

scholarly journals Discrimination as an Instrument of Corruption Schemes in Public Procurement

2021 ◽  
Vol 5 (520) ◽  
pp. 246-251
Author(s):  
A. V. Faizov ◽  
Keyword(s):  
Internal Control ◽  
Public Procurement ◽  
Tender Offers ◽  
The Public ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
Number Of Factors ◽  
Imperfect System ◽  
Procurement System

The article characterizes the current state of organizational and legal support for the functioning of the public procurement system, taking into account the novelties of legislation; both the inter-sectoral and the protective principles of bidding, which are closely interrelated and form a single system, are analyzed; the role of the principle of «prevention of corruption actions and abuse», which has a comprehensive influence on the entire mechanism of implementation of the norm-setting innovations, is defined; a number of factors that cause corruption risks and distort the effect of basic principles in the sphere of procurement are distinguished (in particular: dishonest behavior of officials; discretion in making legally significant decisions; insufficient professionalization of bidding; imperfect system of internal control over conduct of tenders and execution of contracts); the concept of discrimination is singled out and its role as an instrument for the implementation of corruption schemes in public procurement is defined. Based on the analysis of the effective practice of appealing by the AMCU, a number of ways of using discriminatory elements by customers at the initial and final stages of bidding are systematized, namely: establishing obvious and hidden excessive requirements in the tender documentation; manipulation of technical and qualitative conditions to the subject of procurement; unjustified disparate approach to participants with the similar errors in the preparation of tender offers. Practical measures to counteract discriminatory violations in the sphere of procurement activities are generalized, which involve the use of the capabilities of the digitized systems «ProZorro» and «DoZorro» with active participation in this process by direct procurement participants, non-governmental organizations, and government authorities.

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