Kucherenko I. Administrative and legal principles of control and supervision activities in the field of public procurement in Ukraine

The dissertation research provides a new explanation of the scientific task on the peculiarities of control and supervision in the field of public procurement in Ukraine, which is carried out through the prism of its philosophical interpretation, as well as on the basis of normative and scientific doctrine on its categorical definition and practical implementation expression. It was found that the current relevant legislation defines control and supervision as equivalent concepts. To confirm or refute the truth of this, the etymological component of the phrase «control and supervision» was studied. It is proved that from a philosophical point of view, control as an objective social phenomenon is an integral part of the development of society as a whole and is a prerequisite for social progress. The Law of Ukraine «On Public Procurement» establishes two types of control: state control, which is carried out by the public administration in this area, and public control, the implementation of which is the prerogative of citizens, public organizations and their unions. It is revealed that the principles of control and supervision activity, which are enshrined in the Law of Ukraine «On the basic principles of state supervision (control) in the sphere of economic activity» are special. However, its norms also contain general principles of public administration, such as: equality before the law, openness, transparency, planning, independence, and so on. In determining the legal basis for the control and supervision of public procurement in Ukraine, a hierarchical factor was used to classify them and the analysis was carried out according to the following scheme - constitutional norms, laws of Ukraine and bylaws. The international legal basis for public procurement is analyzed separately. The tools and methods of activity are defined by the tools of public administration and other subjects of realization of control and supervisory activity in the field of public procurement. A system of legal guarantees of the legality of control and supervision activities in the field of public procurement has been formed. It is determined that first of all control and supervision at all stages of public procurement should be regulated by law as much as possible.