The Features of the Legal Regulation of Procurement for the State and Municipal Needs During the Coronavirus Pandemic

Abstract

Introduction: currently, the normal development of the political, economic and legal spheres is significantly affected by the outbreak of the COVID-19 declared a pandemic by the World Health Organization. The epidemic attracted the attention of health professionals and the population around the world, as previously the coronavirus infections in humans did not go beyond the acceptable level of a biological risk. The current events directly related to the pandemic affect all areas of our habitual way of life, its legal component, including the sphere of procurement for the state and municipal needs. Objective: to study the features, positive and negative aspects of the legal regulation of the contract procurement system for the state and municipal needs in the conditions of introduction of innovative management technologies during the coronovirus pandemic. Methods: the methods of systematization, analysis, and comparative law are used. Results: the author analyzed the innovations in procurement for the state and municipal needs in the context of the pandemic; the specifics and features of the development of the system of state and municipal procurement in the paradigm of industry 4.0 during the pandemic are determined; the shortcomings of the current civil law mechanism for protecting the rights of legal entities in the field of procurement for state and municipal needs based on industry 4.0 technologies during the pandemic are identified; identified the possibility of abuse due to the temporary relaxation of the legislation on public procurement; identified the possibility of the legal qualification of the coronavirus as force majeure, the circumstance that makes it impossible to fulfill the obligations; proved that the introduction of the ability to purchase from a single supplier can negatively affect the activities of small and medium-sized enterprises. Conclusions: the innovations in the legal regulation of procurement for the state and municipal needs amid the pandemic in the context of the fourth industrial revolution contain a number of positive aspects: the launch of many digital services; the simplification of the procedure for conducting purchases in the event of force majeure and emergencies; easing the requirements for small and medium-sized businesses; expanding the opportunities to change the term and price of the contract; the changes in the procedure for applying penalties, etc. However, we should not forget about the possible negative consequences of easing the rules of public procurement: the probability of reducing the efficiency and effectiveness of procurement; the appearance of corruption and its manifestations; the abuse at every stage of public procurement; the difficulties in justifying the real impact of the pandemic on the execution of the state order; the ability to purchase from a single supplier can negatively affect the activities of small and medium-sized enterprises; the risk of the violation of antitrust laws due to constantly changing regulations and other consequences.