Legal consequences of refusal of public procurement authority to conclude the contract with the winner of the competitive procurement procedure

2021 ◽  
pp. 60-68
Author(s):  
S. S. Dombaev
Keyword(s):  
Public Procurement ◽  
Best Interests ◽  
Federal Law ◽  
The Public ◽  
Public Nature ◽  
The Law ◽  
Procurement Procedure ◽  
Legal Consequences ◽  
Legal Entities

This article proposes to consider the debatable question regarding the legal consequences associated with the refusal of public procurement authority to conclude an agreement with the winner of the competitive procurement procedure conducted in accordance with the Federal Law dated 18.07.2011 No. 223 — FZ “On the procurement of goods, work, services by certain types of legal entities” (hereinafter — “Law No. 223”, the Law on Corporate Procurement). The article doubts the attempts to justify from the current legislation standpoint the existence of the obligation of the public procurement authority to conclude an agreement with the winner of the competitive procurement procedure provided with the possibility of judicial enforcement. In the absence of such an obligation, the author suggests to review the legal measures available to the winner of the competitive procurement procedure in order to protect its interests. At the same time, the article states that such measures are insufficient to the best interests of the winner of the competitive procurement procedure and does not comply with the public nature of relations in the field of corporate procurement. It is proposed to amend the Law on Corporate Procurement to eliminate these inconsistencies.

R&D Procurement by Certain Types of Legal Entities Listed in the Federal Law of July 18, 2011 No. 223-FZ

2021 ◽  
pp. 58-68
Author(s):  
N. D. Frolova
Keyword(s):  
Public Procurement ◽  
Statistical Information ◽  
General State ◽  
Federal Law ◽  
The Public ◽  
Existing Structure ◽  
Legal Entities

The article provides a brief overview of the general state and structure of the Russian public (regulated) procurement market and the analysis of the public procurement market of R&D by certain types of legal entities listed in the Federal Law of July 18, 2011 No. 223-FZ. Based on the analysis of statistical information on the amount of R&D procurement, their efficiency and structure, it has been concluded that competition in this segment of the regulated procurement market is extremely low: the most part of R&D contracts are concluded through procurement from a single supplier, the efficiency of competitive procedures is extremely low: there are more than a half failed procurements depending on the methods of carrying out in the total volume of purchases. The article presents the most feasible in the author's opinion the reasons for the existing structure of public R&D procurement market.

CURRENT CHANGES IN THE LEGISLATION OF THE RUSSIAN FEDERATION IN THE FIELD OF PUBLIC PROCUREMENT: IMPACT ON THE IMPLEMENTATION OF TRADES

2021 ◽  
Vol 1 (5) ◽  
pp. 71-76
Author(s):  
D. V. GONENKO ◽  
◽  
A. N. NOVICHIKHIN ◽  
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Legal Basis ◽  
The Public ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
The Law ◽  
Procurement Procedure ◽  
The Government

The article is devoted to current changes in public procurement in the Russian Federation. Attention is paid to the legal basis of procurement. The analysis of the amendments to the law that have entered into force and the draft resolutions of the Government of the Russian Federation and the Ministry of Finance of the Russian Federation regarding amendments to the public procurement procedure is carried out. Proposals for improving the contract system are formulated.

Audit Assessment of the Effectiveness of Public Procurement Procedures

2021 ◽  
Vol 12 (3) ◽  
pp. s085-s107
Author(s):  
Iryna Drozd ◽  
Mariia Pysmenna ◽  
Nataliia Pohribna ◽  
Nataliya Zdyrko ◽  
Anna Kulish
Keyword(s):  
Cost Effectiveness ◽  
Public Procurement ◽  
Risk Indicator ◽  
Individual Values ◽  
State Budget ◽  
The Public ◽  
Efficiency Cost ◽  
Procurement Procedure ◽  
Using Data ◽  
Risk Parameters

The article seeks describing the benefits and challenges faced by auditors in assessing the effectiveness of public procurement procedures in terms of applying the methodology for calculating efficiency, economy and effectiveness, taking into account the risks of procurement in e-auctions. Quantitative risk parameters are calculated using data of probabilistic indicators of procurement risk assessment according to the ratio of the number of relevant procedures (sub-threshold and above-threshold) to the total number of procurement procedures. Statistical valuation methods are used for the cost risk assessments and calculation of the aggregate risk indicator of public procurement. The calculations are performed using the data of the open e-procurement system ProZorro for all announced procurements in 2018-2019. We analyzed the methods, indicators and the extent to which the study of the public procurement effectiveness via bibliographic and case studies is performed. As a result, the majority of methods cover four components of assessing the public procurement efficiency - targeted efficiency, cost-effectiveness, organizational efficiency, efficiency of budget expenditures for public procurement. This does not provide an assessment of the automated systems’ impact on the procurement procedures results and on possible savings due to the use of certain procurement procedures. To comprehensively assess the procurement efficiency in e-bidding, the authors propose considering four key risks: the risk of cancellation of the procurement procedure, the risk that the procurement procedure will not take place, the risk of appealing the procurement, the risk of disqualification. As a result of risks calculations under the sub-threshold and above-threshold procurement, individual values of risks and their aggregate indicator are determined. This will adjust the scope of audit procedures to verify individual procurements and identify weaknesses in the procurement management system. We believe that the methodology of auditing the procurement effectiveness, taking into account the quantitative and qualitative parameters of procurement risks, will be a useful audit tool to determine the effectiveness of the use of public funds under individual procurements and identify areas of cost-effectiveness for the state budget funds.

scholarly journals Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Legal Person ◽  
The Public ◽  
Crime And Punishment ◽  
Economic Exclusion ◽  
The Law ◽  
Definition Of ◽  
Legal Entities ◽  
The Way

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.

scholarly journals PECULIARITIES OF PUBLIC PROCUREMENT DEVELOPMENT IN UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION

2021 ◽  
Author(s):  
Eduard Yurii ◽  
Viktoriia Yuziuk
Keyword(s):  
Public Procurement ◽  
Supply And Demand ◽  
Main Task ◽  
Eu Countries ◽  
Eu Member States ◽  
Effective System ◽  
Procurement Reform ◽  
The Law ◽  
Procurement Procedure ◽  
The Eu

The article examines the features of public procurement in Ukraine and their compliance with EU standards, the factors that affect their effectiveness. The problems of tender purchases that exist in Ukraine during the process are considered. The changes that took place in the implementation of procurement after the introduction in 2020 of a new version of the Law of Ukraine "On Public Procurement" are assessed. A detailed description of Poland's experience in public procurement is provided. The number and types of contracts concluded during procurement are analyzed. The main existing shortcomings in the field of public procurement, ways to solve and improve them are considered. The key EU rules on public procurement to be used in Ukraine have been identified. It was established that it is important to bring the mechanism of public procurement in Ukraine closer to the EU requirements, which will allow our country to raise the issue of joining this organization in the future. The purpose of the article is to analyze the features and problems of public procurement in Ukraine and find ways to overcome them. The main task of reforming the sphere of public finances in our country is to introduce an effective mechanism for the use of public procurement in accordance with the principles and approaches applied by EU countries, which should ensure financial efficiency and transparency of the procurement procedure. Public procurement is one of the tools to regulate supply and demand for specific publications. To increase the transparency and efficiency of use in our country, it is necessary to study the experience of EU member states, especially Poland. Analysis of the experience of public procurement in the EU will be able to identify effective approaches to their implementation in Ukraine, thanks to the main tasks of public procurement reform in our country will introduce an effective system in accordance with the principles and approaches used by EU countries. It is necessary to investigate the change that has taken place in public procurement after the introduction in 2020 of a new version of the Law of Ukraine "On Public Procurement", there are both positive and negative aspects that are due to the existence of corruption schemes in tenders.

LOCAL GOVERNMENT SERVICING UNITS AS A CENTRAL CONTRACTING AUTHORITY

2020 ◽  
Vol 1 (XX) ◽  
pp. 111-121
Author(s):  
Kamila Żmuda-Matan
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Public Procurement ◽  
Shared Services ◽  
The Public ◽  
Joint Activities ◽  
The Law ◽  
Special Provision

The scope of tasks entrusted to the servicing units, the so-called shared services centres, as part of the joint service results from the resolution of the decision-making body of the local government unit or from an agreement concluded between units, with restrictions resulting from the local government laws. By means of a special provision of the public procurement law, the legislator granted the competence to indicate or appoint an entity performing central contracting tasks or to specify the method of appointing such entities to the decision-making body of the local government unit. The competences of the commune council also include determining the scope of activities of these entities in accordance with Art. 15c of the Public Procurement Law. The perspective of providing by the commune of the joint service of the commune’s organisational units may therefore include joint activities in the scope of the procurement procedures, but then it is necessary to apply both the provisions of the law on commune government and the public procurement law. The indication or appointment of a central contracting authority by the decision-making body of the local government unit must be the activity preceding the transfer of specific tasks in the field of public procurement to this entity.

Influence of the Public Procurement Procedure Type on the Duration of Public Procurement

2018 ◽  
Vol 16 (2) ◽  
pp. 361-378 ◽  
Author(s):  
Mladen Čudanov ◽  
Predrag Jovanović ◽  
Ondrej Jaško
Keyword(s):  
Linear Models ◽  
Central Government ◽  
Public Procurement ◽  
Local Level ◽  
Indirect Costs ◽  
Process Efficiency ◽  
Procurement Process ◽  
The Public ◽  
Procurement Procedure ◽  
Procedure Type

This study analyses how important is the influence of the procedure type and a number of received bids on the duration of the public procedure process. Efficiency and speed of public procurement process diminish inventory turnaround times, direct and indirect costs of procurement, hastens and improves manageability of core processes in the organizations obliged to the public procurement process. Our study focuses on the quantitative analysis of the influence of the procedural public procurement framework mostly determined by the central government and describes potential other factors of efficiency which can be influenced at the local level. Dataset was obtained from the Public Procurement Office of Serbia, and it included 42,850 cases of public procurement after the correction of missing and “dirty” data. Using statistical methods we have presented two linear models, where the type of procedure and number of received bids account for roughly 23% of the variability in the dependent variable. This paper provides suggestions for improvement of efficiency of public procurement, as well as for data that needs to be tracked to develop more comprehensive, accurate and reliable prediction model of the duration of the public procurement process.

scholarly journals Compliance Issues with Public Procurement Regulations in Ghana

2019 ◽  
Vol 14 (5) ◽  
pp. 1 ◽  
Author(s):  
Godwin Uzoma Chikwere ◽  
Simon S. K. Dzandu ◽  
Mawuko Dza
Keyword(s):  
Public Procurement ◽  
Sampling Technique ◽  
Simple Random Sampling ◽  
Legal Framework ◽  
Public Institutions ◽  
P Value ◽  
Public Officials ◽  
The Public ◽  
Political Interference ◽  
The Law

This study examines compliance issues with public procurement regulations in Ghana. The simple random sampling technique was used to draw a sample size of 100 practitioners from public institutions in Ghana. The collected data were analysed using descriptive and inferential statistics. The study revealed that although public procurement entities in Ghana have made some strides in improving compliance levels with the public procurement law, majority of public institutions disregard their management systems and contract management processes among others. The study indicates that familiarity (p-value = 0.020) though inversely related, incompetence (p-value =0.023), political interference (p-value =0.000) and poor monitoring (p-value =0.010) were significant factors in explaining non-compliance with the legal framework of public procurement in Ghana. The research further discovered that officials in charge of public procurement flout the rules and regulations with impunity. To address the issue of non-conformance by public officials, it is imperative for the Public Procurement Authority to desist from embarking on what could best be described as selective justice and apply the law equally on all non-conforming public institutions. The authority must also strengthen its monitoring systems to ensure that offenders are apprehended and adequately sanctioned according to the law.

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 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.

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