Международное нормотворчество как детерминанта совершенствования правового регулирования государственных закупок для нужд системы МВД России

Abstract

Introduction. International lawmaking is a source of a legal regulation of public procurement.
 Nevertheless, a defining of the system and the specifics of international agreements is required, regulating public procurement in the system of Russian legislative sources in this area, as well as the role of various international collaborations in determining the key aspects of the improvement of legislation on procurement for public needs (including the needs of the Russian Ministry of Internal Affairs system).
 Methods. Content analysis, descriptive and systemic methods of data analysis were used as research methods.
 Results. The characterization of international lawmaking and international organizations’ initiatives in the field of public procurement provides the following main conclusions.
 1. General provisions on procurement are contained in the universal and regional model (CIN), standard (UNCITRAL) and plurilateral (WTO) agreements, i.e. in the indicative and advisory instruments.
 The scientific discussion on the international regulation of public procurement is that the specifics of such relations do not provide for the creation of rigid norms at the cross-border level, as they affect national public order. At the same time, these acts reflect modern trends, for instance, the digitalization of state (municipal) procurement, etc. This fact proves that international lawmaking is an obvious determinant of improving the legal regulation of public procurement, including the needs of the Russian Ministry of Internal Affairs system.
 2. The private aspects of the public procurement process are fragmentarily regularized by special international agreements.
 3. There are also no separate international organizations in the field of public procurement, at the same time, all cross-border trade and economic organizations do not ignore the issues of ensuring public needs and form the norms of the «soft» law. Thus, international lawmaking determines the directions of improving the legal regulation of public procurement for the needs of the Russian Ministry of Internal Affairs system in the same way as any other public procurement, but with consideration of the specifics of ensuring the powers of the public body in question.