Адмiнiстративно-правовi процедури публiчних закупiвель в Українi

Abstract

Purpose. The purpose of this article is to guide and substantiate the author’s vision of the essence and the system of administrative and legal procedures of public procurement in Ukraine. The article systematically explores domestic and foreign doctrinal approaches to the essence of public procurement procedures. The author argues that the notion of “public procurement procedures” should be distinguished from the tangible concept of “administrative legal procedures for public procurement”. The purpose of this article is to guide and substantiate the author’s vision of the essence and the system of administrative and legal procedures for public procurement in Ukraine. Methods. The methodological basis of the scientific research was the philosophical methods of cognition (dialectical, hermeneutic), as well as philosophical laws (unity of historical and logical, concrete and abstract, formal and informative, single and general, theoretical and empirical). In addition, widely used methods of formal logic (analysis, synthesis, abstraction, idealization, generalization, deduction, induction, analogy, extrapolation, modelling, hypothesis), as well as special methods used in jurisprudence (systemic, structural, formal-legal, comparative legal). Results. Procurement procedures differ from the administrative procedures of public procurement by their orientation. Procurement procedures are aimed at ensuring mutually beneficial exchange: the customer receives goods, services, works at the most advantageous price for the state; the supplier receives public funds. Administrative procedures in the field of public procurement are aimed at ensuring the proper functioning of the system of public procurement, proper conduct of procurement procedures in full compliance with the requirements of Ukrainian legislation. Secondly, their result is not the publication of normative-legal or individual-legal act or the conclusion of an administrative contract; they are not aimed at solving a particular administrative case. Conclusions. Having made a systematic analysis of the norms of Ukrainian legislation governing the field of public procurement in Ukraine, as well as the doctrine of administrative law, in the article the author proposes to allocate the following administrative legal procedures for public procurement: 1) the procedure for authorization of electronic trading platforms in the field of public procurement; 2) procedure for appeal of public procurements; 3) the procedure for checking public procurement.