SOME ISSUES OF MANAGING THE PUBLIC PROCUREMENT SYSTEM IN THE EUROPEAN UNION AND IN UKRAINE
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Description
The article identifies the priority directions for the development of the public procurement management system in Ukraine and analyzes the experience of the European Union. It outlines the basic provisions of the standardized regulations that govern the procurement process in the European Union, namely: the UNCITRAL Model Law, the WTO Agreement, and EU Directives. European Union Directives 2014/24/EU and 2014/25/EU, which are the primary legislative acts to regulate public procurements in the European Union, have been analyzed. It has been identified that the public procurement laws of Ukraine and the European Union have a common goal – transparent tenders and economic efficiency of public procurements. The legislation of the European Union has shown to be designed to regulate much more complex relations than the ones currently regulated by the laws of Ukraine. Clarification has been given to the priority directions to be followed in developing the legal support of operation of the national public procurement management system. The appropriate substantiation has been given to the expediency of replacing the concept of “customer” in the effective public procurement laws of Ukraine, updating the procedure for competitive dialogue and negotiations with several participants, spreading the practice of maintaining electronic catalogs, introducing new rules for filling out tender documentation and tender procedures and bid opportunities, standardizing the rules of below-threshold procurements. The adequate rationale has been provided to support the expediency of legislating the new principle of proportionality of procurements for budget funds, taking into account Article 36 of Directive 2014/25/EU.
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Sciences of Europe No 110 (2023)-31-35.pdf
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(522.3 kB)
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