scholarly journals Public Procurement Reform for Ease in Doing Business

2019 ◽  
Vol 65 (1) ◽  
pp. 45-52
Author(s):  
Bulbul Sen
Keyword(s):  
Market Access ◽  
Public Procurement ◽  
Regulatory Reform ◽  
Government Contracts ◽  
Complex Needs ◽  
The Public ◽  
Doing Business ◽  
Ease Of Doing Business ◽  
Procurement Reform ◽  
The Cost

Public procurement is one area needing governmental reforms. It is largely governed by dated rules that businesses feel are not able to encompass the complex needs of a modernising Indian economy. They also feel that there is a plethora of public contract rules often not in harmony with each other creating confusion and giving opportunity for corruption. However, the Modi regime’s anti-corruption mandate should not stifle business initiative that is the main critique against the Public Procurement Bill (2012). An amended public procurement law should inter alia be comprehensive in its coverage. It should incorporate new forms of tendering to cover complex procurement situations, maintain balance between the cost and the quality in tender awards, check abuse of monopoly in single-source procurement, prevent ‘digital divide’ in transparency provisions, maintain balance between external openness and promotion of domestic economy in market access provisions, encourage sustainable public procurement, incorporate effective mechanisms for redressing grievances of bidders and avoid penal provisions punishing offences covered by existing laws. Regulatory reform in public procurement will have substantial economic impact, as government contracts annually average approximately 30 per cent of India’s GDP and cover almost every sphere of government activity. Hence, such a reform will improve India’s anti-corruption/ease of doing business global rankings.

Public Sector E-Commerce

2011 ◽  
pp. 31-37
Author(s):  
Christopher G. Reddick
Keyword(s):  
Public Sector ◽  
Electronic Commerce ◽  
Transaction Costs ◽  
The Public ◽  
Doing Business ◽  
The Cost

Electronic commerce or e-commerce has the potential to streamline existing functions and services in the public sector by reducing transaction costs or the cost of doing business. This article provides an overview of some of the critical e-commerce issues for the public sector focusing on its impact on reducing transaction costs.

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.

scholarly journals Contract for Public Procurement in Terms of Private Law

2021 ◽  
Vol 80 (1) ◽  
pp. 139-143
Author(s):  
О. Л. Зайцев ◽  
С. В. Ясечко
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Critical Analysis ◽  
Public Procurement ◽  
The Public ◽  
Contract Price ◽  
Provision Of Services ◽  
Procurement Procedure ◽  
The Cost ◽  
Civil Contract

The authors have analyzed the way of the origin and consolidation of the public procurement procedure in the Ukrainian national law from 1993 till the present day. That allowed us to determine the main conditions of public procurement, which have not changed during the whole period of existence of the independent legal system of Ukraine, and to critically evaluate them. Namely, the basis for payment is a report on the results of public procurement during the procurement of goods, works or services, and the cost of procurement should have been equal to or have exceeded the amount of UAH 200,000. The main scientific works focused on the consideration of public procurement issues in various branches of Ukrainian law have been summarized. The concept of the contract for procurement has been generalized and its features have been listed: the contract for procurement is an agreement between the customer and the participant (most of the parties), aimed at establishing, transferring or terminating property rights and obligations, which is concluded as a result of the procurement procedure and which provides the acquisition of freehold interest in the property, provision of services or performance of works. The main conceptual contradictions between the contract for procurement, the civil contract and the commercial agreement have been established and characterized. Based on the analysis of tender, civil and commercial legislation, the authors have carried out a critical analysis of the contract for procurement in terms of understanding and essential terms of the general civil contract, namely: violation of the concept of free agreement between the parties, non-compliance with equality of the rights, unreasonable narrowing of the contract for procurement up to the provision of services, performance of works or acquisition of ownership for goods, which contradicts the draft contract included in the tender documentation, the impossibility of reducing the contract price in the direction of reduction as agreed by the parties, the lack of electronic form of the contract for procurement provided by the tender legislation.

scholarly journals The nigerian public sector training and recruitment process: a literature review

2021 ◽  
Author(s):  
Isaiah Oboh ◽  
Hieu Minh Vu ◽  
Chijioke Nwachukwu
Keyword(s):  
Public Sector ◽  
Empirical Studies ◽  
Business Leaders ◽  
Recruitment Process ◽  
External Interference ◽  
The Public ◽  
Doing Business ◽  
Proper Training ◽  
Ease Of Doing Business ◽  
And Performance

Lack of objectivity in the recruitment process can undermine the durability, trust and ease of doing business with the Nigerian public sector. This article reviews the literature and training related to the recruitment process and performance, especially in the public sector. While empirical studies have shown that the proper training process can lead to the employment of skilled employees and increase the performance of employees and the organization. We see that there are few empirical studies on this subject in the Nigerian public sector. The authors recommend that politicians, business leaders, religious elites and other elites should allow departments and organizations to carry out recruitment responsibilities without internal or external interference, with an emphasis on training leaders.

scholarly journals Factors Influencing E-Procurement on the Implementation of Public Institution in Rwanda: A Case oF Kigali City (2014-2016)

2020 ◽  
Vol 1 (2) ◽  
pp. 126-142
Author(s):  
Gedion Alang’o Omwono ◽  
Sazir Nsubuga Mayanja ◽  
Karekezi Rodrigue
Keyword(s):  
Good Governance ◽  
Public Institution ◽  
Successful Implementation ◽  
Information And Communications Technologies ◽  
The Public ◽  
Descriptive Research ◽  
Doing Business ◽  
Factors Influencing ◽  
Procurement System ◽  
The Cost

The purpose of this study was to examine factors influencing e-procurement on the implementation of public institution in Rwanda a case of Kigali city (2014-2016. This study employed a descriptive research design with a sample size of 86 respondents. Questionnaires and document analysis were the main data tool.  Data was presented using frequency tables, mean and standard deviation and the relationship between the variables was established using regression analysis. This study found that a well-organized e-procurement system contributes to good governance by increasing confidence, transparency, and competition and reduce the cost of doing business. The study concluded the public sector has established specific goals for the e-procurement initiatives and communicates e-procurement needs to all stakeholders. The study recommends for adaptation of the appropriate Information and Communications Technologies (ICT) necessary for successful implementation of procurement strategy more Especially procurement staff should be knowledgeable in e-procurement practices and requirements they should have the best skills and expertise on the systems.

scholarly journals Dualism of the public procurement market of scientific results and prospects of its regulation

2019 ◽  
pp. 36-43
Author(s):  
S. V. Maksimov ◽  
E. V. Osipova
Keyword(s):  
Web Of Science ◽  
Market Access ◽  
Public Procurement ◽  
Research Work ◽  
Scientific Research ◽  
Global Market ◽  
Research Results ◽  
The Public ◽  
Russian Science Citation Index ◽  
Scientific Results

The article deals with the concept of scientific results, the market of public procurement of scientific results. The dualism of the public procurement market of scientific results is manifested not only in the duality of the subject of procurement (research work and the actual scientific result), but also in the duality of the markets of scientific results themselves (the market of the actual scientific results and market access to the right to conclude a state contract for the implementation of research).It is noted that at present, scientists (not having the status of an individual entrepreneur), individual scientists and their teams that have not acquired the form of a legal entity (including temporary research teams) are not full participants in the market of public procurement of scientific results.It is proposed to abandon the preferential approach to public procurement of access to research results provided by specialized operators of international scientific citation indexes Web of Science and Scopus in order to develop the Russian segment of the global market for scientific products.The authors also propose to create a single network of national databases on the results and effectiveness of scientific research on the basis of a specialized state scientific institution (for example, the ISS RAS) and provide state participation in the development of the national operator of the Russian Science Citation Index based on the requirements of or exceeding the requirements of Web of Science and Scopus to scientific publications.In parallel with the solution of this task, it is proposed to abandon the practice of establishing legal acts of the Ministry of Science and Higher Education and of the Russia, decisions of the Higher Attestation Commission, heads of universities and research institutions of the duties of researchers, teachers and applicants of scientific degrees and academic titles to publish the results of scientific research in foreign scientific journals owned by foreign economic entities and citizens, which objectively contribute to strengthening the dominant position of foreign companies - the leader in the market access to research results.

scholarly journals The Power of Ranking: The Ease of Doing Business Indicator and Global Regulatory Behavior

2019 ◽  
Vol 73 (03) ◽  
pp. 611-643 ◽  
Author(s):  
Rush Doshi ◽  
Judith G. Kelley ◽  
Beth A. Simmons
Keyword(s):  
World Bank ◽  
Domestic Politics ◽  
Performance Indicator ◽  
Investor Sentiment ◽  
Regulatory Reform ◽  
Business Climate ◽  
Doing Business ◽  
The World Bank ◽  
The World ◽  
Ease Of Doing Business

AbstractWe argue that the World Bank has successfully marshaled the Ease of Doing Business (EDB) Index to amass considerable influence over business regulations worldwide. The Ease of Doing is a global performance indicator (GPI), and GPIs—especially those that rate and rank states against one another—are intended to package information to influence the views of an audience important to the target, such as foreign investors or voters, thus generating pressures that induce a change in the target's behavior. The World Bank has succeeded in shaping the global regulatory environment even though the bank has no explicit mandate over regulatory policy and despite questions about EDB accuracy and required policy tradeoffs. We show that the EDB has a dominating market share among business climate indicators. We then use media analyses and observational data to show that EDB has motivated state regulatory shifts. States respond to being publicly ranked and some restructure bureaucracies accordingly. Next we explore plausible influence channels for the EDB ranking and use an experiment involving US portfolio managers to build on existing economics research and examine whether the rankings influence investor sentiment within the experiment. Using a case study of India's multiyear interagency effort to rise in the EDB rankings, as well as its decision to create subnational EDB rankings, we bring the strands of the argument together by showing how politicians see the ranking as affecting domestic politics, altering investor sentiment, and engaging bureaucratic reputation. Overall, a wide variety of evidence converges to illustrate the pressures through which the World Bank has used state rankings to achieve its vision of regulatory reform.

scholarly journals Legislation of the Republic of Serbia in the Field of Prevention of Corruption on Public Procurement

2021 ◽  
Vol 5 (1) ◽  
pp. 145-158
Author(s):  
Jelena Kostić ◽  
Marina Matić Bošković
Keyword(s):  
Public Procurement ◽  
Criminal Code ◽  
Financial Control ◽  
Control Mechanisms ◽  
Public Officials ◽  
State Budget ◽  
The Public ◽  
The Republic ◽  
The Cost ◽  
Criminal Legislation

The public procurement as a process by which governments, as well as other bodies governed by public law, purchase products, services, and work, create the cost to the state budget, and taxpayers. The high value of transactions and close interaction between public officials and businesses expose public procurement to corruption risk. According to the Serbian legislation, violation of public procurement rules can be qualified as misdemeanour or crime. The specific crime of abuse in public procurement has been introduced in the criminal legislation by 2012 amendments to the Criminal Code. In addition to the repressive response to the corruption in public procurement, the potential abuses can also be prevented by other measures. To prevent irregularities and decrease vulnerabilities to corruption, a new Law on Public Procurement was passed in December 2019. Therefore, in this paper, authors analyse criminal provisions aimed to deter possible offenders, but also assessed other non-criminal provisions and the functioning of control mechanisms, such as supreme audit and internal financial control in the Republic of Serbia. In the paper, authors strive to make recommendations for improving the prevention and repression mechanisms against abuse in public procurement procedures.

Electronification of the Public Procurement System

2017 ◽  
pp. 267-277
Author(s):  
Sergey Tsygankov ◽  
Ekaterina Gasanova
Keyword(s):  
Comparative Analysis ◽  
Public Procurement ◽  
The Public ◽  
Goods And Services ◽  
Contractual Relationship ◽  
New Type ◽  
Rapid Transition ◽  
Procurement Reform ◽  
The Government ◽  
Procurement System

This chapter analyzes the reform of public procurement systems in Russia and Ukraine in the context of electronization, as well as a comparative analysis of the effectiveness of such reforms. The goal is to determine the prospects of expanding the scope of e-procurement based on the analysis of the implementation of the reform of public procurement systems effects in Russia and Ukraine. Public procurement is a fundamental component of social and economic policy of any state, by means of this mechanism the government has the ability to create and influence the industry for future changes in production structures, increase efficiency and more rapid transition to an innovative new type of economy. Procurers are dependent on funds that provide their functioning and providing services to the population. Provision of works, goods and services to such customers is carried out by means of public procurement market, which, enhances the efficiency and transparency of spending money through a contractual relationship satisfying the needs of the state. The share of public procurement (including procurement of state-owned companies) is more over 25% of Russia's GDP, while in Ukraine - more than 7%. That's why it is possible to make a comparative analysis of public procurement reform in Russia and the Ukraine, whose legal approach is quite close (Tsygankov & Syropyatov, 2014).

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