Kurepina O. Legal regulation of public procurement of coal for socially significant facilities

The definition of the term “public procurement of coal for socially significant facilities” is proposed in the work. The peculiarities of the procurement of coal for socially significant facilities are distinguished and substantiated, namely: 1) public procurement of coal for socially significant facilities should be consistent with the development strategy of the coal industry and related industries; 2) public procurement of coal for socially significant facilities should ensure a balance between public and private interests by reconciling the interests of the state, society, business entities, and citizens; 3) public procurement of coal for socially significant facilities should ensure the solution of social problems that are faced by the state; 4) the contract for the procurement of coal for socially significant facilities should include mandatory conditions that will allow to take into account the specifics of this contract and to ensure its proper implementation. The definition of the term “public procurement of coal for socially significant facilities” is improved, and the essential terms of the public procurement of coal for socially significant facilities are classified into three groups. The special procedure for appealing in the process of procurement of coal for socially significant facilities is substantiated. The qualification requirements for the tenderers are improved, and it is stipulated that the customer establishes one or more of the following qualification criteria: availability of equipment and material and technical base; availability of documentary evidence of the possibility to supply coal with the necessary technical, qualitative and quantitative characteristics; availability of financial statements that confirm the financial capacity or documentary evidence of the possibility of attracting credit, investment and other funds; availability of primary documents confirming the experience of fulfilling a similar contract. On the basis of the experience of Canada, USA, EU countries, ways of improvement of the legislation of Ukraine on procurement of coal for socially significant facilities are offered. The experience of foreign countries and Ukraine on the implementation of permanent procurement is summarized, and the provisions to be implemented in the legislation of Ukraine are proposed.