ЦИВІЛЬНО-ПРАВОВІ УГОДИ В ПУБЛІЧНИХ ЗАКУПІВЛЯХ

Abstract

The article is devoted to the study of the debatable issue of civil law agreements in public procurement. The expediency of defining civil law agreements as a result of public procurement, common features and separation from economic contracts in the field of procurement are outlined. The study of the basics of concluding contracts in the field of public procurement, including civil law contracts, was carried out on the basis of elaboration of the normative-legal base in this sphere. Doctrinal and normative analysis of information intelligence on the controversial aspect of the consideration of civil law agreements in public procurement as a procurement contract made it possible to generalize two points of view, which are quite diametrical. The theoretical position of Kharkiv scholars is established, which is as follows: the category of "procurement contract" does not correspond to the concept of civil law contract in its essential features; the procedure for concluding a procurement contract does not correspond to the procedure for concluding a civil contract; the form of the procurement contract corresponds to the form of concluding a civil contract in part; the moment of occurrence of legal relations under the procurement contract does not correspond to the order of origin of legal relations of the civil law contract. It is proposed to consider civil law agreements as a non-standard form of a procurement contract. At the same time, the flexibility of the national economy and the precedent of contractual legal relations are taken into account. The specialties of the arrangement of civil and legal pleasures in the sphere of public procurement and in accordance with the labor contract have been introduced. It is emphasized that for the purchase of services by the customer, which are performed on the basis of civil law contracts, the Ministry of Economy provides for the customer value limits, according to which public procurement is carried out. It is emphasized that the purchase of services without the use of procurement procedures has the effect of applying Art. 164-14 of the Code of Ukraine on Administrative Offenses.