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.

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 concept of development of the Contract System of the Ministry of Internal Affairs of Russia as a tool for effective use of budget funds and ensuring competition in the state procurement market

2021 ◽  
pp. 76-87
Author(s):  
A. A. Tsviliy-Buklanova
Keyword(s):  
Public Procurement ◽  
The State ◽  
Regulatory Framework ◽  
Structural Elements ◽  
Departmental Level ◽  
Internal Affairs ◽  
Effective Use ◽  
And Control

The article is devoted to the relevance of the development and adoption of the Concept for the development of the Contract System of the Ministry of Internal Affairs of Russia in order to increase the efficiency of using budget funds and eliminate corruption risks in the implementation of public procurement. The regulatory framework of federal and departmental level was considered, attention was paid to practical aspects of procurement of goods, works and services for the needs of internal affairs bodies, issues of regulation and control are reflected. Structural elements of the Concept, ways to improve the Contract System of the Ministry of Internal Affairs of Russia are proposed.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

Topical Issues of the Russian State Antimonopoly Policy (Proposals for the Draft National Plan for the Development of Competition for 2021-2025)

2021 ◽  
pp. 16-35
Author(s):  
A. N. Golomolzin
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Intellectual Activity ◽  
Digital Platforms ◽  
Economic Relations ◽  
Russian State ◽  
Fundamental Rights And Freedoms ◽  
Procurement System ◽  
And Control

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).

scholarly journals Risk-based assessment model of the state and municipal procurement system

2019 ◽  
Vol 110 ◽  
pp. 02090 ◽  
Author(s):  
Elena Karanina ◽  
Ksenia Kartavyh
Keyword(s):  
Public Procurement ◽  
The State ◽  
Assessment Model ◽  
Government Contracts ◽  
Loss Minimization ◽  
Case Scenario ◽  
Public Funds ◽  
The Public ◽  
Funds Management ◽  
Procurement System

Every year, the volumes of funding in the sphere of provision of state and municipal demand increases significantly. Achieving the effectiveness of government contracts is one of the main and “eternal” problems of public funds management. For public procurement to be effective, it is necessary to meet the needs of the relevant actors, i.e. society, the state, and the private sector. In order to make a qualitative forecast of the results of public procurement placement, the development and implementation of measures aimed at improving the public procurement system, it is necessary to assess the current situation of manifestation of risks arising from the procurement of goods, works and services for state and municipal needs. For this purpose, a risk-based model for assessing the system of state and municipal procurement has been developed, which allows disclosing the nature of the risks of the procurement cycle fully and identifying a case scenario for choosing a way to loss minimization.

PECULIARITIES OF DEVELOPMENT AND LEGAL REGULATION OF ACTIVITY OF STATE-OWNED ENTERPRISES IN RUSSIA IN THE 17th – THE 21st CENTURIES

2018 ◽  
pp. 149-154
Author(s):  
Denis Viktorovich SHEPELEV ◽  
Dina Viktorovna SHEPELEVA
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Domestic Legislation ◽  
Regulation Of Activity ◽  
Legal Structures ◽  
Legitimate Interests ◽  
Modern Economic ◽  
Commercial Organizations ◽  
State Defense

The peculiarities of the historical way of development of state-owned enterprises and the expression of their legitimate interests in obtaining profit are considered. That acquires the actual aspect taking into account modern economic realities and market conditions. The development of social values that make up the legal culture of society is dynamic with the market and economy development. The existence on the market of such public legal structures as state-owned enterprises allows the state simultaneously to make profit and realize specific, sometimes unique goals and objectives, such as the implementation of separately subsidized activities, chemical and military industries. By their legal nature, state-owned enterprises have the purpose of making a profit and are commercial organizations. The concept of “state-owned enterprise” had not been directly fixed in the domestic legislation until the adoption of the Civil Code of the Russian Federation. Such formulations as “state-owned factories”, “state-owned plants” were typical for state-owned enterprises in the pre-revolutionary period. In this regard the use of the term “state-owned enterprises” was applicable to all state-owned industry. In Soviet legislation the term “enterprise” was used without specifying the characteristics that reflect their state nature. It is concluded that the historical way of state-owned enterprises formation in Russia has passed a rather long and complicated process from the point of view of ownership, but the essence and historical purpose of the creation have not changed – it is the state defense and industry maintenance.

scholarly journals Modern system of state procurement in ensuring innovative development of economics

2018 ◽  
Vol 11 (3) ◽  
pp. 242-248
Author(s):  
T. S. Kolmykova ◽  
E. V. Semenikhina ◽  
E. A. Alpeeva
Keyword(s):  
Public Procurement ◽  
Great Influence ◽  
The State ◽  
Economic Research ◽  
Federal Law ◽  
The Public ◽  
Modern System ◽  
Innovative System ◽  
Modern Economic ◽  
Procurement System

Public procurement is a category of the modern economic system. They have a great influence on the formation of the innovative potential of the country and the regions. The state has a powerful management impact due to the modern system of public procurement. The state optimizes budget expenditures, minimizes uncontrolled costs, regulates prices for socially and economically important groups of goods. Public procurement is a complex innovative system. It includes elements: planning, formation and carrying out of purchases, the conclusion of the contract, the control of fulfillment of obligations between the customer and the supplier. The procurement system unites relations between authorities, legal and private persons. The process of public procurement is complex. He constantly undergoes changes and additions. According to the current Russian legislation, the procurement of goods, works or services is divided according to the subject matter into two groups: 1) purchases carried out by government customers to ensure state and municipal needs, controlled by Federal Law No. 44-FZ of 05.04.2013, and 2) carried out by certain types of legal entities or corporate purchases, controlled by Federal Law No. 223-FZ of July 18, 2011. State and municipal procurement are a tool for effective impact on the development of the economy. They perform the most important functions: regulative, reproductive, stimulating, social, innovative. Thus, the study of the public procurement system today is a significant and relevant issue in the field of economic research.

scholarly journals PRINCIPLES OF ELECTRONICIZATION OF PUBLIC PROCUREMENT

2019 ◽  
Vol 4 (3) ◽  
pp. 273-281
Author(s):  
Anna SLOBODIANYK
Keyword(s):  
Public Procurement ◽  
Marketing Research ◽  
The State ◽  
Process Efficiency ◽  
Procurement Process ◽  
Economic Agents ◽  
Wide Range ◽  
State And Local ◽  
The Right ◽  
Procurement System

Introduction. In the civilized world, the principles of public procurement are based on austerity criteria; fairness and impartiality of contract award decisions; publicity of the procurement process; efficiency of the procurement process; the importance of accountability. The purpose of the research is to analyze the transfer of the procurement system in electronic format as an effective tool for the goods acquisition, works and services in order to financially support the functioning of state structures to serve public needs, which are maintained mainly at the expense of the state and local budgets. Results. The article deals with the concept essence of «electronic procurement» – that is the newest way of procurement, because it is the passing and controlling in the electronic environment of all stages of the procurement cycle, including marketing research, determining the range of economic agents, procedures for purchasing, placing orders, delivering and paying for them, budgeting and planning for purchases by government agencies. An efficient e-procurement system is highlighted, the key to which is the electronicization of the procurement process, which helps to reduce the operating costs of customers and suppliers; speeding up the procurement process and saving time; a wide range of suppliers; simple and convenient management of the procurement process; clear and transparent access to purchasing information. Conclusions. The electronic public procurement system makes it easier for participants to get started with the state, find the right procurement, submit a bid and win bidding, since all the procurement information is available on the procurement page, and in the change case in the tender documentation, all previous revisions of documents remain in the system, which can be downloaded and viewed. Such transparency of the procedure makes it possible to prevent corruption risks and is a way to develop democratic and open processes in society. Keywords: public procurement, participant, customer, Law of Ukraine "On Public Procurement", tender, auction, public procurement, bidding, open bidding.

scholarly journals STANDARDIZATION OF PUBLIC AUDIT OF PUBLIC PROCUREMENT IN UKRAINE THROUGH THE INTRODUCTION OF COMPLIANCE AUDITS

2020 ◽  
pp. 156-174
Author(s):  
Nataliya ZDYRKO
Keyword(s):  
Public Procurement ◽  
The State ◽  
International Standards ◽  
The Public ◽  
Electronic Procurement ◽  
State Audit ◽  
Financial Audit ◽  
Compliance Audit ◽  
Audit Standard ◽  
Procurement System

The independent legislative agency of Ukraine according to the international standards ISSAI in private carrying out of the state audit (including the published purchases) is made. It is established that international practice has identified three components of public audit: performance audit, financial audit and compliance audit. The necessity of standardization of the state audit of public procurements through legislative fixing of audit of conformity is proved. The main objects of compliance audit are proposed: the activities of the customer (participant), public resources and the activities of responsible government agencies. Recommended main directions and procedures for compliance audit for each object and by stages of the life cycle of procurement items. Features of the audit of compliance of redistribution by the customer of various receipts for public procurement are considered. Features of audit procedures for different types of public procurement are identified. The recommended procedure and algorithm for auditing the correctness of determining the subject of procurement from the customer. The main mistakes and violations of the participants, which take place during the audit of compliance with public procurement, have been identified. The peculiarities of compliance audit at the stage of public procurement planning, pre-contractual and contractual relations in the electronic procurement system, as well as at the stage of use of procurement items are highlighted. It was emphasized that the responsible body should regulate issues related to the functioning of the electronic information system, platforms and web portal in the field of public procurement. The key elements of the Public Procurement Compliance Audit Standard (purpose, objectives, subject, objects, subjects, stages, methods, principles) are proposed.

scholarly journals The State regulation of Public Procurement in Ukraine in the Context of Reforms and Integration Processes

2021 ◽  
Vol 2 (517) ◽  
pp. 35-40
Author(s):  
O. I. Laiko ◽  
Keyword(s):  
National Economy ◽  
Public Procurement ◽  
State Regulation ◽  
The State ◽  
Added Value ◽  
The Public ◽  
Goods And Services ◽  
International Distribution ◽  
Procurement System ◽  
The Impact

The article is concerned with topical issues of the State regulation of public procurement in Ukraine in the context of reforms and integration processes. The conceptual principles of regulation of the public procurement system have been formulated, taking into account the requirements and challenges of modern processes of reforms of the national economy and the implementation of the European integration vector. The public procurement system is considered as a new institutional unit in the national economy – the market for goods and services to the State-owned institutions and organizations with the involvement of budgetary funds. The significance of the public procurement system for the country’s economy as an environment for financing and implementing entrepreneurial initiatives aimed at creating high-quality goods and services, which is characterized by volumes equal to 15% of GDP, is substantiated. The article is aimed at defining the theoretical-conceptual and applied principles of the State regulation of the public procurement system in Ukraine in the context of efficient implementation of reform goals and taking into account the impact and challenges from the active participation of the national economy in the international distribution of labor in the course of integration processes with the EU countries. The article defines the key directions of the State policy on the regulation of the public procurement system, which include: stimulating the economic development of the entrepreneurial sector and overall economic growth on the basis of sustainability and balance; support for the production of domestic goods and services with high added value; stimulation of production of goods and services using local resources; stimulating the creation by domestic producers of both goods and services of cooperation associations in order to use the opportunities for the distribution of labor to create more competitive products; supporting the formation of an economic basis for the development of territorial and economic entities in the regions of Ukraine. As for the above defined directions of the State regulation of the public procurement system in Ukraine, appropriate measures have been proposed, the implementation of which is expected to contribute to the strengthening of the national economy and does not contradict the provisions of ratified international agreements.

Sign in / Sign up

Export Citation Format

Share Document