THE CONTRACT SYSTEM OF PUBLIC PROCUREMENT IN RUSSIA: PROBLEMS OF FUNCTIONING AND WAYS OF THEIR SOLUTION

2020 ◽  
Author(s):  
Irina Alekseevna Burkina ◽  
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legislative Regulation ◽  
Procurement Planning

The article is devoted to the problems of public procurement planning, dishonesty of customers and bidders, abuse of non-competitive methods of determining the winner and imperfection of legislative regulation. The main goal of this study is to identify possible ways to improve the public procurement contract system in Russia.

scholarly journals ARBITRATION OF THE DISPUTES IN CONNECTION WITH PUBLIC PROCUREMENT CONTRACTS IN BOSNIA AND HERZEGOVINA

2021 ◽  
pp. 65-72
Author(s):  
Z. Grbo
Keyword(s):  
Bosnia And Herzegovina ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legal Nature ◽  
Arbitration Procedure ◽  
Procurement Contracts

In the article, the author analyses the possibilities of using arbitration procedure to settle disputes arising from the conclusion of a public procurement contract in Bosnia and Herzegovina. The author studies the nature of the public procurement contract and concludes that this contract is of a private legal nature, so the resolution of disputes related to the execution of the contract is possible in arbitration proceedings.

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.

Specyfika umów o zamówienia publiczne

2020 ◽  
Author(s):  
Joanna Marczewska
Keyword(s):  
Characteristic Feature ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Rule Changes ◽  
Key Aspects ◽  
Procurement Contracts

The article presents the characteristics of public procurement contracts by describing key aspects: the form and procedure for concluding the contract and the period for which it can be concluded. It was pointed out that the characteristic feature of public procurement contracts is primarily the fact that the contract can only be concluded after the procedure specified in the public procurement rules has been carried out. In addition, the issue of statutory changes in the content of the public procurement contract in the light of applicable provisions was discussed, as well as the grounds for the nullity of the contract were analyzed. It was emphasized that, as a rule, changes to the contract were prohibited and the statutory conditions for the amendment of the contract were described. In addition, issues related to the invalidity of the contract were analyzed. Finally, it was considered whether public procurement contracts implement the principle of contract freedom and what restrictions they are experiencing under the provisions of the Public Procurement Law. The study raises the issue of whether public procurement contracts are in the nature of adhesive contracts.

SAFETY OF INVESTMENT PROCESS PARTIES IN THE ASPECT OF CONSTRUCTION WORK CONTRACT

2017 ◽  
Vol 186 (4) ◽  
pp. 208-215 ◽  
Author(s):  
Beata GRZYL ◽  
Emilia MISZEWSKA-URBAŃSKA, ◽  
Agata SIEMASZKO
Keyword(s):  
Public Procurement ◽  
Investment Project ◽  
Construction Work ◽  
The Public ◽  
Potential Source ◽  
Procurement Contract ◽  
Potential Risks ◽  
Mutual Relations ◽  
Investment Process ◽  
Work Contract

The essential characteristics of a construction investment project include, but are not limited to: individual, comprehensive, specialized, complex and multi-step nature of activities, significant time constraints, demand for different qualifications and resources (material, financial). The above characteristics are a potential source of risk, which makes it necessary to accurately describe the mutual relations of entities involved in the project - primarily in the scope of the content of a construction work contract. Its task is to settle the commitments of the parties, their rights and obligations, and the responsibility for actions taken at the stage of preparation and implementation of the investment, in order to ensure its safe and non-conflicting realization. Signing a construction work contract results in the assumption of specific responsibilities by each party. In practice there are numerous examples of contractual clauses, which constitute a gross violation of the safety and balance of the parties in the area of fair and even distribution of potential risk. Most often two groups of contractual provisions are observed in the content of works contracts. The first one contains an unreasonable limitation of the contractor's entitlements, the other includes the irrational extension of the contractor's obligations and the transfer of numerous consequences of potential risks. The incorrect, i.e. unequal division of risk and its consequences is the most common cause of disputes between parties to a construction work contract. The paper presents the issue of asymmetry in the allocation of risks and limitations in shaping the contents of the public procurement contract, in terms of the safety of parties to construction work contracts

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.

scholarly journals TOPICAL ISSUES OF IMPROVING THE CONTRACT SYSTEM OF PUBLIC PROCUREMENT IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE

2020 ◽  
pp. 217-220
Author(s):  
Ivan N. Mel’nikov ◽  
Anastasiya Yu. Klimova
Keyword(s):  
Public Procurement ◽  
Modern Science ◽  
The Public ◽  
Existing Problems ◽  
Procurement Contract ◽  
Effi Ciency ◽  
Procurement System ◽  
Legal Barriers ◽  
Constant Improvement

Public procurement today is one of the key processes that meets the needs of the state, so they need constant improvement. This article discusses the issues of increasing the effi ciency of the public procurement system and removing administrative and legal barriers to the implementation of this institution. Modern science and practice fi xes a signifi cant number of shortcomings in the work of the public procurement contract system. In the presented article, only a few of them are considered, such as: long-term accreditation for bidding, the availability of security for the application and contract, as well as the lack of quality personnel potential of customers due to the lack of qualifi cation requirements. Based on a study of law enforcement and enforcement practices in the fi eld of public procurement, topical problems have been identifi ed that impede the achievement of planned performance indicators of the public procurement system and the achievement of strategic government objectives in the fi ght against corruption and the effi cient spending of budget funds. Based on the reviewed experience of improvement in the fi eld of public procurement, the existing problems and shortcomings of participation in public procurement by both participants and customers of purchases were identifi ed. Further, ways to solve them were proposed. As a result of the study, it was possible to formulate proposals for improving legislation aimed at regulating public procurement.

scholarly journals Negative elements of the functioning mechanism of the public procurement contract system, which pose a threat to the economic security of the budget system

2020 ◽  
pp. 98-104
Author(s):  
Anton Borodin
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Economic Security ◽  
The Public ◽  
Procurement Contract ◽  
The Russian Federation ◽  
Functioning Mechanism ◽  
Budget System

The article discusses certain negative elements of the mechanism of functioning of the contract system of public procurement, which pose a threat to the economic security of the budget system of the Russian Federation. It is concluded that it is necessary to consider certain trends in the development of the contract system (including its further automation and digitalization), which as an integral part of the budget system affects in particular the economic security of the budget system of the Russian Federation as a whole.

Free Competition Tenders

Auditor ◽  
2017 ◽  
Vol 3 (5) ◽  
pp. 45-49
Author(s):  
Денисенко ◽  
Galina Denisenko ◽  
Краус ◽  
I. Kraus
Keyword(s):  
Small Business ◽  
Public Procurement ◽  
The Public ◽  
Business Interests ◽  
Free Competition ◽  
Legislative Regulation

Th e article considers the legislative regulation issues, the main problems of competition and questions of small business supporting at the public procurement market. Th e specifi c illustrations of mechanisms for holding trades without competitors are presented. Th e judicial instance on protection of small business interests and revealing of corruption risks are considered.

Sign in / Sign up

Export Citation Format

Share Document