Ponomarenko M. Legal regulation of electronic public procurement in the European Union.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100054

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

22-12-2020

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis is devoted to a comprehensive analysis of the solution of the paradigm of legal regulation of electronic public procurement in the EU and the implementation of these practices in Ukraine, the provision of scientifically based proposals for improving legislation in this area. The theoretical and legal aspect of international legal regulation of public procurement is revealed. Sources and mechanism of international legal regulation of public procurement are analyzed. A comparative characteristic of the EU experience in ensuring the functioning of the public procurement system is carried out. The state of approximation of Ukrainian legislation to EU law in the field of public procurement and the dynamics of harmonization of electronic public procurement have been determined. The current world order is characterized by the desire of states to integrate, above all, economic. Integration, as a means of solving large social problems inaccessible to a single state, is an ambiguous, complex and multifaceted process. Regardless of the participants in the integration project, their number and economic potential, the region and other baseline data, the implementation of such an integration project often faces many difficulties and problems, including in the economic and political spheres. Many of these problems can be addressed through optimal legal regulation. Public procurement issues in the EU are of particular public interest as this group of relationships involves the activities of both private businesses and public authorities and businesses. Public procurement is the common border at which the realization of the market mechanism takes place and the whole spectrum of mutual relations between the private and public sectors of the economy is revealed, which in one way or another influences the course of development of the state economy. It has been established that since its inception, European public procurement law has evolved steadily. For some time since the founding of the European Economic Community, public procurement (including the procurement of services) has not been subject to autonomous regulation at European Community level. Further opening up of the public procurement market for cross-border competition within the European Union’s internal market facilitated the development of cross-border competition, which was reflected in the simplified procedure for the participation of suppliers from other EU Member States. This helped to reduce prices under government contracts and also improved the quality of services. It has been proved that in the course of its development the legal regulation of public procurement in the EU has achieved the following results: measures have been taken to promote transparency and fairness of public procurement. However, the legal regulation of public procurement of services has not yet been perfected in the European Union. At this time, improvements are being made at EU level to the provisions of the Directives in order to simplify existing legal regulation and to facilitate the application of electronic procedures. It has been established that the regulation of public procurement and, in particular, of public procurement in the EU is considered as a means of facilitating the development of European integration. It can be noted that in the course of its development, legal regulation of public procurement in the EU has achieved the following results: measures have been taken to promote transparency and fairness of public procurement. However, legal regulation of public procurement in the EU is currently undergoing reform as full implementation of sustainability aspects, including environmental, social and innovation criteria in public procurement, has not yet taken place. The need for clearer regulation of public control procedures for public procurement procedures is justified. In order to reduce the prevalence of fraudulent behavior of procurement participants, it is proposed to institutionalize the list of persons exercising direct control of public procurement, as well as to give the Ministry of Justice of Ukraine the powers to accredit such entities and state control of non-profit organizations. From the point of view of civil society revitalization, it is advisable to empower public control entities in the field of public procurement, with full powers of public control entities, which will reduce the scope of inefficient informal institutions in the public procurement system, first and foremost. Measures have been developed and proposed to counteract corruption in public procurement in Ukraine.

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