ADMINISTRATIVE AND LEGAL CRITERIA FOR DEFINING PUBLIC PROCURE
Journal Title: Право та інновації - Year 2017, Vol 4, Issue 20
Abstract
Problem setting. The article analyzes the administrative and legal criteria for defining public procurement in Ukraine, in particular the qualification criteria enshrined in the Law of Ukraine «On Public Procurement» such as the availability of equipment and material and technical base, the presence of employees of the relevant qualification having the necessary knowledge and experience, availability a documented experience in implementing a similar contract, criteria for evaluating tender offers, as well as criteria for the cost of a product, service or work life cycle, and the availability of a qualitative evaluation criterion for a tender proposal that has not been implemented in the Ukrainian public procurement system, but is available in the European Union Directives. Target of research. The purpose of the study is on the basis of the analysis of theoretical principles, legislative acts, positive experience of foreign countries to highlight the main problems of administrative and legal criteria for defining public procurement in Ukraine in order to further improve and modernize the Ukrainian public procurement system. Analysis of recent researches and publications. The following scientists analyze separate aspects of the question in their researches: V. P. Minyailo, O. O. Pidmohylnyi, I. P. Safonov, V. Pashkov, Y. Petrunenko, O. Podtserkovnyi, O. V. Kotelevko, E. V. Starchuk and others. Article’s main body. The issue of criteria in the field of public procurement is essential for Ukraine today and should be resolved in the first place, taking into account the urgent process of approximation of legislation in this sphere to the norms of the European Union. Administrative-legal criteria are traditionally considered as the result of the regulatory influence of the administrative-legal norm on social relations. Ukrainian legislation provides a criterion for assessing the value of the offer as the main criterion for determining the winner, which, under uncertainty, is often used as a single measure because of its relative objectivity and simplicity. The evaluation of tender offers is carried out automatically by the electronic procurement system on the basis of the criteria and methodology of evaluation, specified by the customer in the tender documentation, and through the use of the electronic auction. Conclusions and prospects for the development. Constant modernization of the Ukrainian public procurement system will not only provide a better balance between price and quality when choosing the winner of the tender for public procurement, will create a competitive environment, minimize corruption, increase transparency and accountability in this area, and will contribute to improving the efficiency of public finance management, the development of a fully functioning market economy and will ensure fulfillment of Ukraine’s international obligations in the field of public procurement through a consistent adaptation of Ukrainian legislation to EU standards. However, effective approximation of legislation in the field of public procurement is possible only with the preparation of technical specifications, qualification criteria for participants and evaluation of their proposals, other elements of public procurement regulation provided for by the current EU Directives and the Association Agreement between Ukraine and the European Union etc.
Authors and Affiliations
N. Y. Tsybulnyk
Keywords
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