IMPROVING THE LEGAL REGULATION OF PUBLIC PROCUREMENT IN UKRAINE

Abstract

The article explores the concept of “public procurement”. It is established that the legislation gives an insufficient interpretation of this term, and the opinions of scientists differ. The main current problems in the legal regulation of public procurement are identified. It is proved that it is not always possible to achieve fair competition between suppliers offering goods, works and services due to the competitive procurement procedure. It was found that one of the most common abuses in procurement procedures is the establishment of discriminatory qualification criteria. It is proposed to use the experience of European legislation in this area, namely the provisions of Directive 2004/18/EC, which provides an exhaustive list of economic, professional, financial, technical requirements for potential participants and provides what documents confirm them. It is proved that corruption risks can arise at different stages of public procurement. The range of subjects that carry out state regulation and control in the field of public procurement, as well as subjects that implement state policy in this area has been studied. It was found that the range of entities exercising control in the field of public procurement in Ukraine is significantly overcrowded, and provides that for effective control in the field of public procurement it is necessary to harmonize the legal framework and conceptual framework by making appropriate adjustments to Ukrainian laws. It is also proposed in this article to distribute the functions and powers of regulatory authorities in verifying the effectiveness of the use of state budget funds. It is established that the issue of bringing violators to justice in the field of public procurement also needs improvement. The State Audit Office is invited to check the legality of the actions of the violator, in respect of which the Antimonopoly Committee has ruled. The article concludes that the effective use of budget funds is necessary to more actively encourage customers to use the electronic catalog Prozorro Market and develop effective tools to verify the implementation of procurement contracts.