The legal description of procedures for public procurement by law of Ukraine «On public procurement»

Abstract

The article analyzes the main changes to the procedure of public procurement in Ukraine, the features of bidding, competitive dialogue and negotiation procurement of goods, works and services to meet the needs of the state and the local community are determined by. The adoption of the Law of Ukraine "On public procurement" provides for the introduction of transparency from planning to delivery of goods, ensuring accessibility for analysis and control of the public, the efficiency and effectiveness of the appeal, raising professional buyers, optimizing functions of the competent authority in the public procurement, improving the rules and conditions of public procurement, creating additional conditions to combat corruption, promoting the implementation of the Association Agreement between Ukraine and the EU. According to Art. 12 of the Law of Ukraine "On public procurement" procurement can be made by applying one of the following procedures: the open tenders; the competitive dialogue; the negotiation of the purchase. According to Art. 12 of the Law of Ukraine "On public procurement" the customer makes the purchase procedure by using electronic procurement system. Previously, the using of electronic means in the purchase procedures was a right and not an obligation of the customer. Introduction of e-procurement and electronic appeal aims to increase competition in public procurement and reducing corruption. The open tenders are based on the principles of openness and equal (non-discriminatory) access to the procurement of all participants, however, with the mandatory using of electronic procurement and the electronic auction. The competitive dialogue are used by the customer in the event that it is impossible to determine the required technical, quality characteristics or the subject of procurement are consulting, legal services, development of information systems, software, research, experiment or development, the performance of research and development, construction, determination requirements for the implementation of which requires negotiations. The negotiation of the purchase is a prototype of public procurement procedures, which assumed the old law, and is used as an exception. Major changes in the conduct of public procurement procedures lies in the fact that the customer performs procurement procedure through the using of e-procurement system. Previously, the using of electronic tools in the procurement procedures were right but not an obligation of the customer. This will reduce corruption and increase competition in this area.