scholarly journals Public procurement in Ukraine in the context of international requirements: the way to improve a legal regulation

2021 ◽  
Vol 12 (34) ◽  
pp. 106-132
Author(s):  
Viktoriia Holubieva ◽  
Yuriy Pyvovar ◽  
Igor Andrushchenko ◽  
Andrii Honchar
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Government Procurement ◽  
Comparative Approach ◽  
Association Agreement ◽  
Full Compliance ◽  
Ex Post ◽  
Procurement System ◽  
External Incentives ◽  
The Impact

The purpose of the study is to characterize the System of national legal regulation of public procurement of Ukraine, to determine the features of the impact of international law on the Ukrainian procurement system, as well as ways to improve it. The research methodology is based on an integrated intersectoral approach and a comparative approach. The effectiveness of the current legislation of Ukraine on public procurement was determined by means of the "ex post" assessment methodology, and the methodology of legal monitoring, including as a result of the study of court decisions. The results showed that the legal regulation of government procurement on the territory of Ukraine is undergoing significant changes, in connection with the harmonisation of legislation to international (worldwide and regional) standards; the majority part of the WTO GPA and Association Agreement provisions in the field of government procurement has already been implemented or is being implemented by Ukraine. Indeed, taking into account the access to the EU market obtained within the GPA framework, Ukraine has already not so many external incentives for the full compliance with the obligations to harmonize the legislation under the Association Agreement than it was expected at its signing.

scholarly journals Current State and Prospects of Legal Support for Public Procurement in Ukraine: Monitoring of Compliance with International Agreements

2020 ◽  
Vol 13 (4) ◽  
pp. 28
Author(s):  
Viktoriia Holubieva
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Government Procurement ◽  
Association Agreement ◽  
Economic Relations ◽  
Full Compliance ◽  
International Obligations ◽  
Procurement System ◽  
External Incentives ◽  
The Impact

In the current geopolitical and economic relations between the states, in particular the relations with the participation of Ukraine, the availability of an effective and efficient mechanism for the implementation of government procurement becomes important, which is also guaranteed by international and national legal regulation. The purpose of the study is to characterize the System of national legal regulation of public procurement of Ukraine, to determine the features of the impact of international law on the Ukrainian procurement system, as well as ways to improve it. The results showed that the legal regulation of government procurement on the territory of Ukraine is undergoing significant changes, in connection with the harmonisation of legislation to international (worldwide and regional) standards, this stipulates the adoption of a large number of regulatory acts. The study proved that the majority part of the WTO GPA and Association Agreement provisions in the field of government procurement has already been implemented or is being implemented by Ukraine. Indeed, taking into account the access to the EU market obtained within the GPA framework, Ukraine has already not so many external incentives for the full compliance with the obligations to harmonize the legislation under the Association Agreement than it was expected at its signing. One cannot forget that the enhancement of Ukraine’s positions on the international stage contributes to performing its own international obligations, especially to the countries and international organizations / integrations, partners, donors and creditors.

Centralization and decentralization of public procurement

2019 ◽  
Vol 16 (3) ◽  
pp. 262-276
Author(s):  
Karem Sayed Aboelazm ◽  
Attia Afandy
Keyword(s):  
Public Procurement ◽  
Ecological Factors ◽  
Government Procurement ◽  
Comparative Approach ◽  
Case Study Methodology ◽  
Content Type ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Legal Frameworks ◽  
Procurement System

Purpose The purpose of this paper is to present and analyze the different concepts of centralized and decentralized procurement methods; identify the advantages and disadvantages of each method and the two methods of public procurement applied in the Arab Republic of Egypt in an attempt to overcome the disadvantages of the Egyptian system; and introduce a new framework for government procurement in Egypt. Design/methodology/approach The descriptive approach was used in the framework of the presentation and analysis of the concepts of centralized public procurement and decentralized public procurement. The comparative approach was used for presenting some of the experiences of countries in using public procurement methods. The legal approach was also used in the analysis of the legal frameworks governing the public procurement methods in the Arab Republic of Egypt. In addition, the case study methodology was used to study the role of the General Authority for Governmental Services in Egypt in the centralized public procurement processes. Findings This paper attempts to find the ideal method of public procurement in general and what is the method to be followed in the Egyptian case through the data presented and analysis of the Egyptian public procurement system. Research limitations/implications This paper attempts to present a model or a theory on how to determine the public procurement methods that should be used in a given country and give sufficient flexibility for the conformity between the two methods upon application depending on the ecological factors of each country. Practical implications This paper contributes to the development of the public procurement method in the Arab Republic of Egypt by showing the gap between the use of the centralized approach and the decentralized approach at all levels and providing solutions to bridge this gap. Social implications This paper provides implications to reduce corruption, increase transparency and give the opportunity to the largest number of private shareholders to participate in public procurement. Originality/value Although there is some literature on centralized and decentralized public procurement, there is a lack or scarcity of research and academic articles on this subject (Patrucco et al., 2017). This paper attempted to do so by filling this gap in this area of research.

FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Contractual Relations ◽  
Procurement System ◽  
State Defense

The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.

Topical Issues of the Russian State Antimonopoly Policy (Proposals for the Draft National Plan for the Development of Competition for 2021-2025)

2021 ◽  
pp. 16-35
Author(s):  
A. N. Golomolzin
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Intellectual Activity ◽  
Digital Platforms ◽  
Economic Relations ◽  
Russian State ◽  
Fundamental Rights And Freedoms ◽  
Procurement System ◽  
And Control

The article is devoted to the development of Antimonopoly policy for the future 2021-2025, which ensures the fundamental rights and freedoms of consumers and entrepreneurs, and supports existing and new forms of economic activity in the context of profound changes in the economy. It is about how the new situation in the markets and in life is beginning to test the foundations of understanding economic and human relations. The author formulates the values of economic development in the new conditions. It is said that the role of consumers in the conditions of clip thinking is decreasing, and they need to be activated in the digital economy. The author assesses the emergence and development of new «human — machine» and «machine - machine» relationships, the ongoing convergence processes, the formation of multilateral, interconnected and global markets, and the correlation of the real and virtual world.Approaches to intellectual Antimonopoly regulation that stimulate innovative development are proposed. Recommendations are given for improving the Antimonopoly policy, taking into account the problems and challenges caused by the coronavirus and similar threats. Approaches to legal regulation of the activities of operators (aggregators) of digital platforms are proposed. Recommendations are given on the procedure for applying Antimonopoly legislation to actions and agreements on the exercise of exclusive rights to the results of intellectual activity. The article substantiates the need to switch to Pro-competitive, flexible, long-term tariff regulation and resuscitate structural reforms based on competitive mechanisms. Changes in international cooperation in the field of Antimonopoly policy are discussed. It is said about creating equal conditions for the activities of Russian and foreign participants in the e-Commerce markets. It is shown how, based on the creation of an exchange ecosystem, it is possible to form one of the world's financial centers in the country. Proposals are made to decriminalize the regulation and control of economic relations in General, as well as issues of Antimonopoly and tariff policy, and state procurements. We propose conceptual changes in the public procurement system with the transition from control of procedures to control the achievement of results using objective quotations of the prices of goods (works, services).

scholarly journals IMPLEMENTATION OF FOREIGN EXPERIENCE IN GOVERNMENT PROCUREMENT INTO THE NATIONAL ECONOMY OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Author(s):  
Azamat Akramov ◽  
◽  
Rano Isakovna Mardanova ◽  
Keyword(s):  
National Economy ◽  
Public Procurement ◽  
Organizational Structures ◽  
Developed Countries ◽  
Government Procurement ◽  
The Public ◽  
Progressive Development ◽  
The Republic ◽  
State And Local ◽  
Procurement System

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.

scholarly journals Las tecnologías de información y comunicación (TIC) y su impacto en el sistema de compras y contrataciones públicas: el caso de la región de los lagos en Chile

2006 ◽  
Vol 11 (21) ◽  
pp. 41-67
Author(s):  
Francisco Ganga Contreras ◽  
◽  
Marcela Águila Sánchez ◽  
Keyword(s):  
Information And Communication Technologies ◽  
Knowledge Society ◽  
Government Procurement ◽  
Leading Role ◽  
New Information ◽  
El Sistema ◽  
Information And Communication ◽  
Procurement System ◽  
The Impact ◽  
New System

This article underscores the impact of Information and Communication Technologies (ICTs) on organizations in the new information or knowledge society. In this effort, it addresses the main theoretical foundations of ICTs and highlights the leading role placed by the Chilean government in e-trade by creating an on-line government procurement system (ChileCompra). Additionally, it presents the results of a survey to suppliers in the Los Lagos region on their perception of this new system, in operation since 2003. Specifi cally, it aims at fi nding out what is the present status and impact of ICTs in the Los Lagos region, what are the main inconveniences suppliers fi nd in this region to operate the new system and how satisfi ed they are with these services.

scholarly journals Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

2020 ◽  
pp. 352-356
Author(s):  
Anna Kochkova ◽  
Maryna Dei
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Judicial System ◽  
Labor Rights ◽  
Judicial Reform ◽  
Council Of Europe ◽  
Association Agreement ◽  
The Impact ◽  
Selection Of ◽  
The Eu

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU. The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge. The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine. Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

scholarly journals The State regulation of Public Procurement in Ukraine in the Context of Reforms and Integration Processes

2021 ◽  
Vol 2 (517) ◽  
pp. 35-40
Author(s):  
O. I. Laiko ◽  
Keyword(s):  
National Economy ◽  
Public Procurement ◽  
State Regulation ◽  
The State ◽  
Added Value ◽  
The Public ◽  
Goods And Services ◽  
International Distribution ◽  
Procurement System ◽  
The Impact

The article is concerned with topical issues of the State regulation of public procurement in Ukraine in the context of reforms and integration processes. The conceptual principles of regulation of the public procurement system have been formulated, taking into account the requirements and challenges of modern processes of reforms of the national economy and the implementation of the European integration vector. The public procurement system is considered as a new institutional unit in the national economy – the market for goods and services to the State-owned institutions and organizations with the involvement of budgetary funds. The significance of the public procurement system for the country’s economy as an environment for financing and implementing entrepreneurial initiatives aimed at creating high-quality goods and services, which is characterized by volumes equal to 15% of GDP, is substantiated. The article is aimed at defining the theoretical-conceptual and applied principles of the State regulation of the public procurement system in Ukraine in the context of efficient implementation of reform goals and taking into account the impact and challenges from the active participation of the national economy in the international distribution of labor in the course of integration processes with the EU countries. The article defines the key directions of the State policy on the regulation of the public procurement system, which include: stimulating the economic development of the entrepreneurial sector and overall economic growth on the basis of sustainability and balance; support for the production of domestic goods and services with high added value; stimulation of production of goods and services using local resources; stimulating the creation by domestic producers of both goods and services of cooperation associations in order to use the opportunities for the distribution of labor to create more competitive products; supporting the formation of an economic basis for the development of territorial and economic entities in the regions of Ukraine. As for the above defined directions of the State regulation of the public procurement system in Ukraine, appropriate measures have been proposed, the implementation of which is expected to contribute to the strengthening of the national economy and does not contradict the provisions of ratified international agreements.

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