Malolitneva V. Economic and legal institute of public procurement

The thesis is dedicated to the elaboration of doctrinal provisions on determining the priority directions for the development of the economic and legal institute of public procurement. Special consideration is given to the substantiation of a value-oriented approach to the legal regulation of relations in the field of public procurement, which is associated with the strategic use of public procurement to achieve goals in the relevant areas of state policy, in particular to foster sustainable development. The concept of the economic and legal institute of public procurement is clarified and its structure is investigated. The thesis reflects the functional links of the economic and legal institute of public procurement with other elements of the legal system, in particular: 1) economic and legal institute of state order; 2) economic and legal institute of state aid; 3) the institute of contract law; 4) the institute of economic and legal responsibility; 5) investment law; 6) antitrust and competition law. Based on the experience of the European Union (EU) and in the context of the necessity to foster innovation economy in Ukraine the dissertation provides suggestions for using public procurement to stimulate the development of innovations. Peculiarities of the legal institute of public procurement in the EU and WTO law are defined. In addition, the thesis dwells on the differences of legal opportunities to implement «horizontal» goals on sustainable development in public procurement within the EU and WTO systems. The fundamental principles of the economic and legal institute of public procurement are studied. The peculiarities of the implementation of the principle of proportionality were revealed, and it is also proposed to integrate the principles of fairness and the inadmissibility of «local economic effects» into the system of principles of the economic and legal institute of public procurement. The thesis pays attention to the concept of «value for money» in public procurement in the context of Sustainable development goals implementation, emphasizing on the problem of overuse and prioritization of the lowest price as an award criterion in Ukraine. The in-depth analysis of legal regulation of «green» and socially responsible public procurement is carried out in the dissertation. Special consideration is given to circular public procurement, in particular to the conditions under which procurement becomes circular and contributes to the achievement of sustainable development, namely, the requirements for the design of the product, that is, technical specifications that allow the use of the product or materials in the new cycle (designed for durability, reparability and recycling), and the «circular criterion», that is, the requirements for the further processing of the product or materials after use. The thesis is also dedicated to the implementation of the goals on protection and encouraging respect for human rights in public procurement. The thesis emphasizes on the importance of ensuring compliance with the minimum requirements in the fields of environmental, social and labour law in the supply chain. In addition, based on foreign experience the ways of creating more employment opportunities for people who are disadvantage within the labour market through public procurement were elaborated. The main directions for the implementation of state policy to protect national economic interests in international public procurement have been determined. It is argued that the basis of Ukraine's state policy for the protection of national economic interests in international public procurement should be preventive mechanisms with a clear definition and systematic monitoring of potential threats to such interests. The impact of energy modernization of the state economy on the development of the legal institute of public procurement is analyzed. The features of the reflection of the concept of special and exclusive rights in the economic and legal institute of public procurement were revealed.