scholarly journals ANALYTICAL TOOLS FOR CONTROL AND MONITORING OF PUBLIC PROCUREMENT

2020 ◽  
pp. 173-192
Author(s):  
Tetiana MULYK ◽  
Olena TOMCHUK ◽  
Yaroslavna MULYK
Keyword(s):  
Public Procurement ◽  
Open Data ◽  
Electronic System ◽  
Risk Indicators ◽  
The Public ◽  
Judicial Practice ◽  
Other Information ◽  
The Right ◽  
Real Time Information ◽  
Analytical Tools

The article examines analytical tools for control and monitoring of public procurement. It was determined that after the launch of the ProZorro system and the publication of a significant amount of open data, many tools and services have appeared in Ukraine to help analyze and monitor public procurement and its participants. The information on analytical tools for controlling and monitoring public procurement is updated at https://dozorro.org/tools. The role of monitoring in the field of public procurement is described. The reasons for the decision to start monitoring procurement are highlighted. It is determined that the monitoring portal DoZorro is a platform where each participant of the system can give feedback to a state customer or supplier, discuss and evaluate the terms of a particular procurement, analyze the procurement of a particular government agency or institution, prepare and submit an official appeal to the regulatory authorities and much more. The opportunities for any procurement participants provided by the DoZorro portal are described. The DoZorro monitoring portal includes: analytics modules, tools for customers, tools for research of cash flow, tools for research of participants, tools of judicial practice, AMCU practice, and practice of monitoring authorities. Each tool has its own characteristics and capabilities. If you choose the right service, you can find the information you need, or get the desired result much faster and better. The capabilities of the public analytics module are given and detailed in detail. It has a large list of criteria by which you can select purchases, plans, suppliers, customers and consists of specific applications. Its structure is represented by the following appendices: planning stages and incorrect plan points, governing body panel, medical procurement, ESCO procurement stage. The capabilities of the professional analytics module, the medical analytics module, risk indicators DoZorro, procurement COVID-19 are also described. The procedure for using indicators to form a queue of risky procurement procedures is presented. It is determined that the researched tools allow to analyze purchases in an electronic system and allow to display in real time information about announced procurements, information about customers, participants, complaints, contracts and other information from the central database.

scholarly journals TheyBuyForYou platform and knowledge graph: Expanding horizons in public procurement with open linked data

Semantic Web ◽  
2021 ◽  
pp. 1-27
Author(s):  
Ahmet Soylu ◽  
Oscar Corcho ◽  
Brian Elvesæter ◽  
Carlos Badenes-Olmedo ◽  
Tom Blount ◽  
...  
Keyword(s):  
Linked Data ◽  
Public Procurement ◽  
Open Data ◽  
Knowledge Graph ◽  
Multiple Sources ◽  
The Public ◽  
Cross Border ◽  
Data Platform ◽  
Document Search ◽  
Cross Lingual

Public procurement is a large market affecting almost every organisation and individual; therefore, governments need to ensure its efficiency, transparency, and accountability, while creating healthy, competitive, and vibrant economies. In this context, open data initiatives and integration of data from multiple sources across national borders could transform the procurement market by such as lowering the barriers of entry for smaller suppliers and encouraging healthier competition, in particular by enabling cross-border bids. Increasingly more open data is published in the public sector; however, these are created and maintained in siloes and are not straightforward to reuse or maintain because of technical heterogeneity, lack of quality, insufficient metadata, or missing links to related domains. To this end, we developed an open linked data platform, called TheyBuyForYou, consisting of a set of modular APIs and ontologies to publish, curate, integrate, analyse, and visualise an EU-wide, cross-border, and cross-lingual procurement knowledge graph. We developed advanced tools and services on top of the knowledge graph for anomaly detection, cross-lingual document search, and data storytelling. This article describes the TheyBuyForYou platform and knowledge graph, reports their adoption by different stakeholders and challenges and experiences we went through while creating them, and demonstrates the usefulness of Semantic Web and Linked Data technologies for enhancing public procurement.

scholarly journals Public Expenditures Through Public Procurement

2018 ◽  
Vol 2 (2) ◽  
pp. 39-48
Author(s):  
Azem Duraku
Keyword(s):  
Public Procurement ◽  
Equal Treatment ◽  
Public Expenditures ◽  
Freedom Of Establishment ◽  
The Public ◽  
Electronic Procurement ◽  
Treaty Of Rome ◽  
Public Money ◽  
The Right ◽  
Procurement System

Abstract Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders - including through the electronic procurement expansion - are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving.

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 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 Arbitrability of Procurement Disputes

JURIST ◽  
2021 ◽  
Vol 3 ◽  
pp. 2-6
Author(s):  
Viktor V. Eremin ◽  
Keyword(s):  
Public Procurement ◽  
The State ◽  
Future Research ◽  
Wide Field ◽  
Private Law ◽  
The Public ◽  
Judicial Practice ◽  
Legal Relationship ◽  
Civil Contract

This article discusses the arbitrability of disputes, which in the domestic doctrine referred as procurement disputes. These are disputes from a number of laws related to public procurement and ordering. The article provides a brief analysis of the possibility of referring such disputes to arbitration courts. An obstacle to the consideration of these disputes by arbitration courts is judicial practice, which does not accept the use of the private-law mechanism for resolving disputes in such a publicly significant sphere as procurement for public needs. In addition, the author makes the assumption that the concept of the “public element”, which prevails in domestic judicial practice, makes it difficult to enforce the decisions of the arbitration courts on such disputes, since they inevitably have “public elements”, for example, the presence of budgetary funds in the legal relationship special contracting procedures. This concept is in contradiction with the fact that the state contract is a civil contract and, generally, is arbitrable, like other types of procurement. The further possibility of applying arbitration proceedings in procurement disputes is extremely controversial and leaves a wide field for future research.

scholarly journals Making Access to Government Data Work

2015 ◽  
Vol 9 (2) ◽  
pp. 61-83
Author(s):  
Mireille Van Eechoud
Keyword(s):  
Public Sector ◽  
Open Data ◽  
Individual Member ◽  
Member States ◽  
The Public ◽  
Eu Directive ◽  
Public Record ◽  
Government Data ◽  
The Right ◽  
The Eu

The EU Directive on Re-use of Public Sector Information of 2013 (the PSI Directive) is a key instrument for open data policies at all levels of government in Member States. It sets out a general framework for the conditions governing the right to re-use information resources held by public sector bodies. It includes provisions on non-discrimination, transparent licensing and the like. However, what the PSI Directive does not do is give businesses, civil society or citizens an actual claim to access. Access is of course a prerequisite to (re)use. It is largely a matter for individual Member States to regulate what information is in the public record. This article explores what the options for the EC are to promote alignment of rights to information and re-use policy. It also flags a number of important data protection problems that have not been given serious enough consideration, but have the potential to paralyze open data policies. 

Approaches Regarding the Simplified Public Procurement Procedure in Romania

2020 ◽  
Vol 26 (2) ◽  
pp. 88-93
Author(s):  
Liviu-Alexandru Precup
Keyword(s):  
Public Procurement ◽  
Geographical Location ◽  
Electronic System ◽  
Political Orientation ◽  
The Public ◽  
Foreign Companies ◽  
Adoption And Implementation ◽  
New Public ◽  
Procurement Procedure ◽  
Simplified Procedure

AbstractPublic procurement in Romania is an important part of any economy, regardless of the geographical location, political orientation or level of development. Therefore, they can be considered as a separate part, but not insignificant, of the business of a functioning market economy. Moreover, they benefit from its own law, including the global economic agreements governing commercial transactions of this type. Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The Public Procurement Law provides two new awarding procedure. Simplified procedure – may be applied by the contracting authority for the contracts with a reduced value and the Innovation partnership. The above procedures are in addition to the procedures below which were already provided for by the prior legislation. In Romania a simplified procedure is applied for contracts /framework agreements with an estimated value below the above mentioned thresholds but with exceed RON 135,060 for supply and services contracts and RON 450,200 for works contracts. Within a simplified procedure, contract notices are published only in the Electronic System for Public Procurement.

scholarly journals Mechanisms underlying major investment projects in the Romanian public administration: strong and long term collaboration among stakeholders

2017 ◽  
Vol 11 (1) ◽  
pp. 949-959
Author(s):  
Laurian Gabriel Tănăsescu
Keyword(s):  
Public Procurement ◽  
Electronic System ◽  
Sources Of Information ◽  
Grant Application ◽  
Data Set ◽  
Investment Projects ◽  
The Public ◽  
Link Type ◽  
Funding Programme

Abstract Starting from the existing situation, in order to understand the mechanisms underlying investment projects financed from public funds in Romania, we analysed the following public sources of information: For projects implemented before 2007, we analysed data available on the Internet, including databases of international donors such as www.dgmarket.com, http://www.ted.europa.eu/, etc. We analysed data made available by the Public Procurement Electronic System through the portal http://data.gov.ro. The data set analysed includes over 8 million awarding contract notices. For the EU funded projects, we requested the Ministry of European Funds to offer us access to the relevant database (SMIS), which includes all the projects financed under the European funding programme 2007 – 2013 (projects implemented before 31.12.2015). Comparing data from all these sources leads to the conclusion that the information is coherent and represents a credible basis for our analysis. We found that 48% of all investment projects implemented in Romania in 2007 – 2016 and co-funded under European funds (in terms of the share of eligible expenses) requested outsourcing services for the preparation of the project documentation needed to apply for funds; such expenses represent almost 3 % of the total eligible project expenses approved. Almost 36% (in terms of the share of eligible expenses) of all investment projects implemented in Romania in 2007 – 2016 and co-funded under European funds, revealed a strong and long term relationship between the company that participates in the elaboration of the grant application and the beneficiary of funds. This collaboration continued throughout the implementation of the project. These companies delivered services / supplied goods / carried out construction works whose value exceeds 15 billion lei, which represents over 54% of the total eligible costs of the respective projects.

scholarly journals “Open”: the changing relation between citizens, public administration, and political authority

2012 ◽  
Vol 3 (2) ◽  
pp. 182-191 ◽  
Author(s):  
Ursula Maier-Rabler ◽  
Stefan Huber
Keyword(s):  
Public Administration ◽  
Local Level ◽  
Open Data ◽  
Political Authority ◽  
Open Government ◽  
Political Agenda ◽  
The Public ◽  
Active Approach ◽  
Government Data ◽  
The Right

"Open" is not just a fancy synonym for transparent and accountable. The "Open" in Open Government, Open Data, Open Information, and Open Innovation stands for the changing relation between citizens and authorities. Many citizens no longer accept the passive stance representative democracy held for them. They take an active approach in setting up better means of collaboration by ICTs. They demand and gain access to their historically grown collective knowledge stored in government data. Not just on a local level, they actively shape the political agenda. Open Government is to be seen in the context of citizens‘ rights: the right to actively participate in the process of agenda-setting and decision-making. Research into open government needs to address the value of the changing relation between citizens, public administration, and political authority. The paper argues finally for the application of the Public Value concept to research into open government.

Incydentalne wykonywanie czynności zarobkowych w trakcie pobierania zasiłku chorobowego

2021 ◽  
Vol 2 (70) ◽  
pp. 11-32
Author(s):  
Małgorzata Mędrala
Keyword(s):  
Social Security ◽  
Sick Leave ◽  
Sickness Benefit ◽  
Social Activities ◽  
The Public ◽  
Judicial Practice ◽  
Occupational Activities ◽  
Public Character ◽  
Principle Of Proportionality ◽  
The Right

The aim of the paper is to analyse controversial situations in the Polish judicial practice relating to performing incidental paid activities in times of sick leave, both by the insured – employees and persons not being employees, especially entrepreneurs. According to the Author’s opinion only social activities or incidental and mainly formal occupational activities can be qualified as the exceptions from the rule of the loss of the right to sickness benefit. Such view is justified by the public character and formality of the system of social security. Situations resulting in a possible loss of sickness benefit should be assessed each time in the context of the principle of proportionality.

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