scholarly journals Some aspects regarding the dispute of acts / facts of the Contracting Authority to the National Complaint Agency

Author(s):  
Mariana Odainic ◽  
◽  
Natalia Chiper ◽  

The review, as a result of the contestation of the public procurement procedures, aims at guaranteeing effective remedies. By establishing and implementing concrete procedures for resolving appeals, each state must take into account certain important aspects: the mechanisms for resolving appeals, the category of the authority that would be competent in resolving, the eligibility to file the appeal, etc. These powers (to review and apply corrective measures) should be given to an independent body (administrative or judicial). In the Republic of Moldova, these powers belong to the National Agency for the Settlement of Appeals, which is an administrative-jurisdictional authority. The article describes the procedure for resolving appeals according to the legislation of the Republic of Moldova, a procedure that also corresponds to the objectives of the relevant European Directives, and which aims to ensure the legality of public procurement procedures.

2021 ◽  
pp. 31-39
Author(s):  
Andrei MULIC ◽  
Galina ULIAN

Public procurement is investigated in terms of results and maximum efficiency of allocation of financial resources of the national public budget. In the context of economic development, optimization of the management of public financial resources is based on improving the legislation on public procurement and the financing mechanism. Based on this, public procurement is a complex, multi-level, interdependent system, the functioning at the all public levels. The aim of the research is to conduct a comprehensive study of the main problems and features of public procurement financing in order to optimize public finance management at the national level and to develop recommendations for improving the public procurement system in the Republic of Moldova. The methodology is based on the structural research method. The article is based on a study of the public procurement system in the Republic of Moldova, analyzing its constituent elements. The analytical method was used to study the concept of public procurement. The study established the relationship between the ethical behavior of officials, the effectiveness of control and the implementation of information systems to optimize the system of financing public procurement in the Republic of Moldova. Proposals are presented to improve the efficiency of the public financing mechanism in the context of electronic public procurement procedures within the automated information system “State Register of Public Procurements” MTender.


2021 ◽  
Vol 1 (3) ◽  
pp. 9-36
Author(s):  
Luís Valadares Tavares ◽  
Pedro Arruda

Public procurement is a main issue in the frontline of Governments fighting COVID 19 pandemic as the need for additional and urgent acquisitions as well as the need to consolidate the supply chains and to promote sustainable and innovative procurement have been a source of deep changes and main challenges disturbing public markets and invalidating several assumptions of the traditional public contracting. In this paper, the development of appropriate public policies to cope with these challenges is studied following the approach suggested by several authors and including four stages: a Stage on Facts and Issues where the main challenges and conditions are studied, the Options Stage to describe which polices and procedures can be adopted, a Values Stage stating the main values to be pursued and, finally, a Policies Stage including the selection of the recommended policies. The analysis of the challenges and facts includes the study of a taxonomy of short and longer term needs and the available options are based on the comparative study of procedures ruled by the European Directives on Public Procurement approved on 2014. The major values to be respected include the principle of competition which is a major institutional principle of the European Treaty and of the Directives as well as the goal of promoting sustainable and innovative public procurement. Several indicators are suggested to describe the application of the public procurement policies adopted across EU and their comparative analysis is presented using the TED data for contracts concerning COVID 19. The case of Portugal is discussed and final remarks about the recommended public policies are also included herein.


Author(s):  
Azamat Akramov ◽  
◽  
Rano Isakovna Mardanova ◽  

The experience of Western countries with a developed market infrastructure shows that the public procurement system naturally became an integral part of the sphere of internal commodity exchange of certain types of products and services and one of the mechanisms for maintaining competition and a liberal way of doing business. The objective basis for the existence and progressive development of the public procurement system in the national economy of many countries is the fact that in the process of fulfilling their target functions, individual government departments and organizational structures of any of them are forced to face the problem of material and technical support both for the implementation of state and local programs, and for the implementation of their current activities. As a rule, it is solved by purchasing the necessary material and intangible resources, goods, works and services through purchases, called state, in the process of specially organized competitive bidding. The purpose of this article is to show the experience of developed countries in the implementation of public procurement.


2021 ◽  
pp. 92-99
Author(s):  
Dumitrita Bologan ◽  

This article provides an overview of the evolution of competition and competition law, both in the Republic of Moldova and in some European and US countries. Also, the paper crystallizes the conceptual approaches on cartels and offers an analysis of the doctrine of the Republic of Moldova, Romania, Russia, France, Germany, USA, Great Britain regarding cartel agreements. Following the analysis carried out in this paper, it was observed that the contribution of foreign academics in the field of defining and classifying cartel agreements is substantial, and the jurisprudence of the European Commission and the European Court of Justice has served as a source of inspiration and progress for the academic environment, as well as for the development of competition on the market. Although in the Republic of Moldova there is limited research in the field of cartel agreements, it is gratifying that the legislation is harmonized with European directives, and the doctrine is developed starting from the most important international research in the field of protection of competition.


Author(s):  
Irina Ciacir ◽  
◽  
Ecaterina Subina ◽  

2020 is a year of global change. The spread of the COVID-19 virus was an impetus for transformation. The entire globe confronts impediments hard-to-anticipate, but who endangers people’s life. This article refers to the transparency of the decision-making process in the pandemic period. Also, it is explained the communication problems that can appear in complicated situations between the public administration and the citizen. Both the authorities of the European Union, in general, and of the Republic of Moldova, in particular, encounter social problems, which must be resolved in a very short period. Many decisions must be made promptly and unforeseen. It is important that this process does not affect the quality of public services provided and does not infringe on the rights of citizens. Thus, the decision-making process must be transparent and accessible to citizens


Author(s):  
Ana Varzari ◽  

This article includes an empirical research of the process of evaluating the performance in the public service of the Republic of Moldova, in the perception of civil servants. The importance of the quality of human resources and personnel policy in the public administration and the role of performance evaluation in order to streamline public administration were highlighted. In order to have a better understanding of the impact of performance appraisal of civil servants on the administration process in the Republic of Moldova, a study was conducted by collecting empirical data. Empirical research illustrates the state of affairs in this segment of the competitive labor market. The application of sociological research methods, techniques, procedures and tools provided the opportunity to study the perception of civil servants on the performance evaluation process in the Republic of Moldova.


Author(s):  
R. K. Yelshibayev ◽  
S. A. Kozhabaeva ◽  
B. T. Beisegaliyev

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.


2021 ◽  
Vol 27 (41) ◽  
pp. 72-82
Author(s):  
Vasile Comendant

Abstract The article analyzes the contribution of the public administration authorities of the Republic of Moldova towards the protection and enhancement of the national cultural heritage. The competencies of the Parliament, the Executive and Ministry of Education, Culture and Research are investigated as central public authorities in the field of national heritage, as well as the attributions of local public authorities in this field. The attention is on the relationship of cooperation between the central public authorities and the local ones in certain areas. It is underlined the contribution of the European Union’s projects towards the reconstruction of some historical value objectives as part of the national heritage. Particular attention is given to the role of cultural heritage in the education of citizens by systematizing the knowledge about national and global cultural heritage.


2021 ◽  
Author(s):  
Vuk Lekovic

Since the introduction of the fi rst Public Procurement Act in 2002, the public procurement market has accounted for a signifi cant share of total premiums earned by insurance companies. In that sense, the author in this paper presents the impact of the public procurement legal framework on the insurance sector in the light of the most signifi cant innovations contained in the Public Procurement Act, which entered into force on 1 January 2020. Furthermore, the paper emphasizes the importance of adequate preparation of tender documentation and additional conditions for participation in the procurement of insurance services. Finally, the author analyzes the practice of the Republic Commission for the Protection of Rights in Public Procurement Procedures, which reveals the most common mistakes of contracting authorities in compiling additional conditions of fi nancial and business capacity.


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