International experience of public administration and control in the public procurement

Abstract

Introduction. The regulation of public procurement has always attracted legislators around the world, because the global economy with its economic, legal and political relationships is closely intertwined with the micro-economies of each state. The paper summarizes the international experience of public administration and control in the public procurement and its adaptation in Ukraine in the context of globalization processes. The purpose of the paper is the generalization of modern concepts of state regulation and control of public procurement; adaptation of foreign experience in the efficiency of public procurement in Ukraine. Results. The experience of foreign countries shows the presence of two powerful groups of system control in different countries: two-channel and single-channel system control with courts of ordinary and specialized jurisdictions. Among the key factors inherent in the foreign control system are such as multi-channel, variability, regulation and preventive. Taking into account the EU Directives on system control and legal protection in terms of effective procurement allows maneuvering between public law and civil law, which disciplines actors of public procurement. The domestic system control in the field of public procurement lacks effective regulatory and methodological documents capable of preventing at a high level any manifestations of abuse of government power (the experience of Singapore and the UK). In particular, in terms of regulating the effectiveness of planning, conducting and monitoring the work of state control bodies over public procurement. The Ukrainian system of public procurement lacks such features as impartiality in tenders, high examination of procurement performance, and civil control by society. Along with financial, quantitative, and qualitative losses, political losses are also characteristic of Ukraine in terms of the deterioration of the investment climate in the country, the weakening of the country’s economic and financial system, violation of the principles of free competition, etc. Conclusion. It seems advisable to develop preventive scenarios for «tracking» the procurement system with calculation of the probability of abuse of power, that is, the «chance» on each channel: from the announcement of the tender to its completion. All this together will work like the British or Singaporean model of strengthening the political image of the country, preventing any manifestations of corruption in this area of activity. A necessary innovation seems to be a preventive-oriented and risk-oriented approach to government regulation and control in the public procurements.