Field Of Public Procurement Research Articles

CONTROL FUNCTIONS OF ACCOUNTING IN PUBLIC PROCUREMENT

When applying control levers in the process of implementation of public procurement, it is necessary to take into account the relationship between public sector accounting and public procurement, identifying the relationships between the legal frameworks regulating the above areas. Introduced in recent years, public sector accounting standards, legislation, and legislative and by-laws governing public procurement are closely related to each other and complement each other; moreover, during accounting, control over expenditures in the field of public procurement is implemented in practice. The relationship between public procurement and public sector accounting is reflected not only in the disclosure of control functions, but also in various economic operations, through time and methodological differences in balance sheet items (assets, liabilities) recognition.

The legal essence of tender under the legislation of the Republic of Kazakhstan

In modern conditions, tenders are a key source of income for government organizations and the business community, as it contributes to the effective organization of the procurement process and ensures transparen-cy and competitiveness in choosing a supplier. The authors of the article analyzed the key legislative acts regulating tenders, including the Law «On Public Procurement « in order to define the legal essence of the concept of «tender». As the analysis of industry legislation has shown, the concepts of «tender» and «contest» in most cases are identified and used as synonyms in the works of domestic and Russian scientists. The article also includes a comparative analysis with international practice, as well as a comparative analysis of the con-cept of the term «tender» in the current legislative acts of the United States of America, the People's Republic of China and Turkmenistan. This allowed the authors to identify potential areas for reforming the Kazakh tender system by including the relevant concept of «tender» in the current legislation. Within the framework of the article, the main legal aspects of tender procedures were considered, which represent an opportunity through free and open contest to conclude a mutually beneficial contract for contractors, as well as types of tenders, their significance and features in the field of public procurement. The methodological basis of the re-search consists of general and special methods, such as formal logical, scientific analysis and synthesis, his-torical and legal and comparative legal methods. The results obtained from the research allowed the authors to formulate proposals and recommendations for improving the legislative framework to ensure the effective-ness and fairness of tender processes.

Javne nabavke - pojedina ključna pitanja

The paper analyses certain issues related to public procurement in general, as well as the public procurement procedure and the personnel responsible for conducting the procedure. The starting point is the international and domestic legal framework of the public procurement procedure, in order to further elaborate and analyse particular provisions of the domestic legislation that are important for the proper and quality implementation of the procurement procedure. Therefore, the paper pays special attention to the principles of public procurement, the Republic Commission for the Protection of Rights in Public Procurement Procedures as the main authority responsible for the protection of the rights of business entities that are participants in public procurement procedures, professionalization, i.e. professional development of public procurement officers, the relationship between public procurement and public interest, the criteria for selecting the most favourable offer and the protection of competition in the public procurement procedure. The aim of the paper is to point out certain adequate legal solutions in the field of public procurement, but also certain problems that arise during the implementation of the procurement procedure itself. At the same time, the paper contains a comparison between former and today´s legal regulations, as well as proposals for improving the quality of conducting the public procurement procedure. The paper also presents some key issues that are important for the proper functioning of the public procurement system along with the ways in which the procurement process can be improved to the extent necessary to achieve its main goals and improve the public policy of a country.

State support for veteran entrepreneurship

Problem setting. In modern conditions, state support for veteran entrepreneurship plays a key role in the socioeconomic development of Ukraine. At the current stage, the veteran policy of Ukraine is being actively modernized and updated in accordance with the actual problems and challenges that arise during the implementation of state policy mechanisms regarding veteran entrepreneurship, however, the reformation requires attention to possible risks that may hinder the successful implementation of the policy. Involvement of war veterans in business activities is considered by the state and society as one of the most important mechanisms of reintegration of veterans, which corresponds to the state interests of Ukraine and the wishes of veterans according to sociological surveys. Purpose of research is to study the current state of legal regulation in Ukraine in the field of reintegration of veterans, in particular, the possibility of their professional adaptation and employment in entrepreneurial activities. Article’s main body. It has been established that promising directions for attracting veterans to entrepreneurship are: providing financial support to veteran business projects and benefits to veteran businesses in the field of public procurement along with related services (consultations, training, etc.), simplifying complex administrative procedures for veterans when receiving such benefits, ensuring equal access to state support programs for veterans.Evaluation of current initiatives and recommendations for their improvement can become the basis for further steps in the development of veteran entrepreneurship in Ukraine. Conclusions and prospects for the development. Modern Ukrainian legislation has ways to develop in the field of veterans’ rights protection, and the state policy of Ukraine is being modernized and updated in accordance with the current problems and challenges that arise during the implementation of state policy mechanisms for veteran entrepreneurship. However, on the way to reforming, those implementing it should pay attention to countermeasures that would make it impossible to reduce existing risks. In addition, laws could be passed to ensure that veterans receive preference in public contracting processes. This will not only support veterans in their transition to civilian life, but also emphasize their valuable skills and experience.

The Procurement Law in Albania: Effects in the Albanian Economy and State Budget

The purpose of the study is to analyze and discuss Law no. 162/2020, "On the procurement public", which is a law harmonized and integrated with the directives of the European Union (2014/24, directive 2014/25 and directive 89/665 EEC, 92/13/EEC on legal remedies and administrative review) and, for this, it is necessary to analyze the effects of this Law in the Albanian economy as well as in the state budget. Also, based on the data from public institutions, possible recommendations will be given to further align the Albanian procurement legislation with the relevant EU acquis. In addition, the problems arising during the implementation of this law in practice by contracting authorities and economic operators will be analyzed, with the aim of facilitating the procurement process for all parties and the regulatory authority in the field of public procurement through the further transposition of EU directives as well as addressing ambiguities and problems.

Problems of integration processes between Ukraine and the EU

The paper examines the problems of integration processes between Ukraine and the EU. The purpose of the paper is to generalize the theoretical aspects of economic integration, to highlight the existing problems of economic integration of Ukraine in the EU. Changes in the economic and political vector of Ukraine's development have significantly affected internal processes in the country, economic integration means compliance by Ukraine with certain requirements that should help it integrate into the EU economic space in various directions. Economic integration has always been one of the key issues in foreign countries. Some states are constantly trying to create economic associations for the development of foreign economic activity. This is primarily related to issues of economic security of states. Implementation of the Association Agreement is associated with certain problems. Undoubtedly, the state of war makes adjustments to this process, but even before that, the business side expressed certain comments regarding the implementation of the Agreement. The results of expert surveys on the impact of the Association Agreement, assessments of the future impact of the Association Agreement, the main obstacles to export and import have been synthesized. The main problems in the implementation of sectors of the Association Agreement are highlighted: corruption and shadow economy, insufficient protection of intellectual property rights, violations in the field of public procurement, lack of real and effective measures to increase energy efficiency, lack of real ways to stimulate environmentally safe production, low social security of the population, incomplete use of regulatory mechanisms for stimulating innovative development.

The system of prevention of offences in the field of public procurement during martial law in Ukraine in comparison with the European Union

The issue of public procurement, particularly in the defence sector, has become especially pressing during the period of Russian aggression in Ukraine. The risk of corruption in this area is significant and can have fatal consequences for the state. The purpose of this article was to review the system for countering and preventing violations in the field of public procurement, which was created in response to the challenges of martial law in Ukraine. A comparison of this system with the corresponding mechanisms of the European Union was conducted. The methodological basis of the article was a dialectical approach to analysing the crime prevention system in the field of public procurement in Ukraine and worldwide. The study employed methods of formal logic, as well as systemic-structural, systematisation, generalisation, forecasting, phenomenological, comparative-legal, and comparative analysis. Scientific approaches to preventing offences in the field of public procurement in several foreign countries were examined, as well as the main rules and standards introduced in the European Union in this field. It was substantiated that the system for preventing offences in the field of public procurement under martial law in Ukraine is not optimal, and this also applies to EU countries, despite the collective international and national measures taken. It was argued that public procurement is inextricably linked with politics and is used as a tool for achieving the strategic objectives of a particular state. The issue of preventing corruption offences in the field of public procurement is extremely relevant for researchers, and the results of its thorough study will enable Ukraine to achieve significant progress in combating this phenomenon, in addition to the measures already taken by the state during martial law

Environmental Sustainability in Public Procurement Processes: A Study Guided by The Paradigms of The New Law on Tenders and Contracts

Objective: The objective of this study is to investigate the incorporation of environmental sustainability criteria in public procurement processes, aiming to assess the impact of these criteria on the effectiveness of procurements under the New Public Procurement and Contracting Law. Theoretical Framework: The research is based on concepts of environmental sustainability and sustainable public procurement. Theories of sustainable development and principles of sustainability in public administration are highlighted, providing a solid foundation for the analysis. Method: The methodology adopted for this research includes a qualitative approach, using the deductive method. Data collection was conducted through a critical analysis of bibliographic materials indexed on platforms evaluated by Capes, as well as legislative documents and relevant doctrines on the subject. Results and Discussion: The results indicate that the New Public Procurement and Contracting Law presents significant advances in integrating sustainability into public procurement processes through the explicit inclusion of environmental sustainability criteria. However, the effective implementation of these criteria faces important challenges, mainly related to the training of public agents and the adaptation of existing structures to new demands. The discussion contextualizes these results in light of the theoretical framework, highlighting the identified implications and relationships. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of public procurement. These implications encompass areas such as public policies, professional training, and sustainable development. Originality/Value: This study contributes to the literature by highlighting the relevance of the New Public Procurement and Contracting Law in promoting sustainable practices in public procurement. The originality of the research lies in the critical analysis of the challenges and advances provided by the new legislation, highlighting its potential impact on sustainable development.

LEGAL REGULATION OF ECONOMIC LIABILITY ACCORDING TO THE LEGISLATION OF UKRAINE

The article analyzes legislative acts that are the basis of economic and legal responsibility. Attention is focused on the fact that issues of economic and legal responsibility are regulated both by codified acts: The Economic Code of Ukraine, the Civil Code of Ukraine, and special laws. The Economic Code of Ukraine has a section “Liability for offenses in the field of business”, which regulates relations regarding compensation for losses in the field of business; reveal the concepts, sizes, types and procedure of applying fines, operational-economic sanctions and administrative-economic sanctions. The Civil Code of Ukraine contains a number of chapters and articles devoted to compensation for damages; compensation for moral damage; protection of property rights; penalty, withholding, etc. as a form of economic and legal liability. The Code of Ukraine on Administrative Offenses regulates the general procedure for prosecution for offenses in the field of business. Special legislation of Ukraine regulates certain areas of economic activity and liability for violation of its norms, for example: liability for offenses in the field of urban planning; responsibility for untimely fulfillment of monetary obligations; responsibility in the field of public procurement; responsibility for the use of low-quality and dangerous products; responsibility for violation of banking norms; responsibility for violations in the field of consumer rights protection; responsibility for violation of license terms of economic activity, etc. Key words: legal regulation, legal responsibility, administrative and economic sanctions, licensing of economic activity, public procurement, offense, fine, penalty, reparation, detention, operational and economic sanctions, economic competition.

Развитие уголовного законодательства об ответственности за преступления при осуществлении государственных закупок

The article deals with an analysis of the process of inclusion in the norms of the Criminal Code that establish liability for crimes in the sphere of public. Modern legislation contains a number of criminal law prohibitions aimed to protect social relations and to ensure public procurement. These norms are characterized by lack of consistency and competition. The unification of criminal law prohibitions, as well as the dissemination of legislative innovations, in particular the special grounds for exemption from criminal liability, should improve both law enforcement practice and minimize the criminal consequences of illegal acts in the field of public procurement.

Illegal Activities of Cartel Organizations in the Field of Public Procurement as a New Object of Statistical Study

The sphere of public procurement and the disbursement of budget funds in all countries is an environment that attracts not only respectable entrepreneurs who want to make guaranteed money, but also various “criminal white-collar elements.” According to various estimates, the volume of financing for public procurement in the Russian Federation occupies up to one third of the total GDP. A large number of labor and financial resources are involved in this area, while regularly changing legislation in this area, as well as the complexity of procurement procedures for different categories of goods, works, and services create favorable conditions and allow unscrupulous bidders, as well as corrupt customer representatives, to obtain unjustified profits and illegal remuneration. In the current situation, the introduction of new control measures becomes vital to ensure fair competition and efficient use of budget funds. That is why additional research and measures aimed at eliminating these problems and the preconditions for their occurrence are an integral part of ensuring the effectiveness of the public procurement system and protecting public interests.Purpose of the research is to study the genesis of cartel agreements in public procurement and their impact on the implementation of national projects in the Russian Federation, as well as the impact of cartel agreements on the presence of healthy competition and the efficiency of spending budget funds. As part of the paper, the state of crime in this area was examined; the signs of cartel agreements, methods for identifying cartels, as well as signs of collusion between the customer and the participant in public procurement were identified.Methods and materials. The author in his paper applies a comprehensive methodological approach, including analysis of statistical data, methods of the general theory of statistics, as well as methods of synthesis and analysis. The main attention is paid to the analysis of the current legal regulation in the field of public procurement. Graphical and tabular methods were used to visualize statistical data. The study is based on data provided by the Ministry of Internal Affairs of Russia, the Federal Antimonopoly Service of Russia, the Federal Treasury of the Russian Federation, the Prosecutor General’s Office of the Russian Federation and the Judicial Department of the Supreme Court.Results of the study. The paper made a quantitative assessment of the scope of public procurement in recent years, and assessed the work carried out by law enforcement officials and the antimonopoly service. Typical violations of antimonopoly legislation during public procurement are given and methods for identifying them are proposed. The illegal schemes used by cartel participants in electronic trading are analyzed, as well as problematic issues and ways to resolve them that arise in practice. The paper proposes various approaches to increasing the efficiency of law enforcement and control agencies. An analysis of law enforcement practice revealed problems associated with proving crimes in this area, and noted an insufficient level of interaction between law enforcement agencies and the Federal Antimonopoly Service of the Russian Federation.Conclusion. In the study, the author analyzed the main features of cartels, proposed methods for identifying them, as well as ways to improve the verification activities carried out. The presented measures do not exhaust the topic of the study, and to effectively combat cartels, a systematic approach is recommended, including not only improving the quality of work of law enforcement and control agencies, but also improving the software and hardware used in carrying out inspections. Cartels in public procurement are a relatively new phenomenon for Russia; statistical data obtained from the Russian Ministry of Internal Affairs and the Judicial Department of the Supreme Court of the Russian Federation indicate that law enforcement and control authorities are just beginning their work to counter the criminal behavior of participants in cartel agreements. Only the fruitful joint work of law enforcement and control agencies will ensure the economic security of the state and protect the national interests of the Russian Federation.

Features of state regulation of defense procurements

The article is devoted to the consideration of state regulation in the field of public procurement, in particular in the defense-industrial complex. The main law defining the basic principles and mechanisms of procurement is the Law of Ukraine «On Public Procurement». However, during the period of martial law, many changes were made in the procedures and mechanisms of public procurement, changes were already made more than once, through the adoption of separate laws and by-laws. The article analyzes the peculiarities of the application of public procurement mechanisms in certain sectors of the economy, in particular the defense-industrial complex. The necessity of modernization and improvement the procurement procedures for successful and effective compliance with the principles of competition and overcoming corruption, and other principles stipulated by legislation, is argued. Mechanisms for conducting procurement procedures are analyzed as one of the key elements of increasing the effectiveness of state economic policy, which is based, in particular, on the principles of fair competition, openness and transparency, non-discrimination of participants, objectivity and impartiality of evaluation of tender offers.
 It is substantiated that it is important to borrow international procurement experience to ensure compliance of national legislation with EU legislation. The issue of ensuring the appropriate level of defense capability of Ukraine in the conditions of countering full-scale military aggression on the territory of Ukraine by the Russian Federation is quite acute. A pressing challenge now is to ensure the rational spending of budget funds and the effective functioning and development of the state defense procurement system. It has been proven that the mechanism for the redistribution of budget funds should have the most transparent order of organization and the order of execution of the concluded procurement contract, which in the case of defense procurement involves reducing the number of closed procurements, excessive secrecy, increasing competitive procedures in the procurement of imported products and services, further improving pricing, canceling profit limits, accounting for inflation and life cycle cost.
 It is argued that consideration of physical, economic and informational security requirements is extremely important. It is about compliance with the principles of protecting customers from military threats, ensuring the simplification of public procurement by reducing the terms of the procurement procedure and simplifying the requirements for procedure participants, the effectiveness of the procurement process and the efficiency of the use of funds, primarily through the involvement of domestic entrepreneurs in tenders and ensuring the development of the domestic market, stability and defense capability.

DAVLAT XARIDLARI TIZIMIDA MANFAATLAR TOʻQNASHUVINING OLDINI OLISHNING TASHKILIY-HUQUQIY JIHATLARI

"Abstract. In this article, the issues of preventing conflicts of interest in the relationships of public civil servants related to public procurement are analyzed from a scientific-theoretical and organizational-legal point of view. The positive aspects of preventing conflicts of interest in the effective implementation of public procurement in the civil service of the state are based on the importance of legal regulation of the problems arising in practice and the relevance of the rational use of state budget funds. Based on the nature of the subject, the subject of research is analyzed from the general to the specific, based on the methods of comparison, logical consistency, and application to science, foreign experience, practice, and legal procedures. As part of the results of the research, the issues of preventing conflicts of interest in public procurement, improving the basis of responsibility, digitizing the industry, introducing artificial intelligence capabilities into the industry, and revising the tasks and powers of competent state bodies were discussed in detail. In connection with the conclusion of the research, proposals of an organizational nature were put forward in connection with the improvement of the legislation in relation to the elimination of legal and existing practice problems. At the end of the study, it was concluded that the risks of corruption and conflict of interest in the relationships of state civil servants related to public procurement are very high, and it was scientifically and legally proven that the field needs state control. A conclusion was reached regarding the legal improvement of the activities of the competent bodies for the regulation of conflicts of interest in the field of public procurement, including the Anti-Corruption Agency of the Republic of Uzbekistan. "

Features of Delimitation of Crimes Provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are Committed in the Public Procurement

The specifics of the criminal law regulation of liability for abuse of official powers and their excess committed in the field of public procurement are determined by the specifics of the regulation of the activities of officials participating in this sphere within the framework of their “procurement” and related functions. The correct qualification of acts committed in the field of public procurement requires reference to numerous regulations of the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities. The need to refer to the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities in the qualification of abuse of official powers and their excess arises when determining the content of the signs of the subject and almost all the signs of the objective side of the deed. Industry legislation in the context under consideration is characterized by high dynamism, “layering”, a significant number of contradictions and shortcomings. These circumstances determine errors and lack of uniformity in judicial practice when distinguishing crimes provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are committed in the field of public procurement. Homogeneous, and in some cases identical criminal actions of customer officials – violations in the pricing of goods, works, services; actions restricting competition (inaction); violations of the established procedure for concluding (changing, terminating) state and municipal contracts; violations in the acceptance of delivered goods (work performed, services rendered), etc. – may receive different criminal legal assessment. The purpose of the article is to develop recommendations and criteria for distinguishing crimes provided for in Articles 285 of the Criminal Code of the Russian Federation and 286 of the Criminal Code of the Russian Federation, taking into account the peculiarities of criminal legal assessment when committing these acts in the field of public procurement. To achieve this goal, general scientific (analysis, synthesis, induction, deduction) and private scientific (formal legal) methods of cognition were used. In the study, taking into account the recommendations of the Supreme Court of the Russian Federation, theoretical positions in the science of criminal law, the peculiarities of the legal regulation of public procurement, recommendations for distinguishing the crimes under consideration, taking into account the specifics of the situation of their commission, are formulated.

РАЗВИТИЕ ТЕХНОЛОГИЙ ЦИФРОВОЙ ЭКОНОМИКИ КАК НАПРАВЛЕНИЕ ПОВЫШЕНИЯ УРОВНЯ ЭКОНОМИЧЕСКОЙ БЕЗОПАСНОСТИ РОССИИ В СФЕРЕ ГОСЗАКУПОК

. In the context of a sharp decline in the country’s budget revenues and an increase in its expenses, it is very important to organize the effective use of available resources, including financial ones. Therefore, it is very important to organize a system for regulating the use of budget funds through the system of organizing public procurement. Many enterprises consider this sector of activity economically profitable for themselves, since public procurement is associated with the provision of quality services in the healthcare sector, the agricultural sector and the social sphere, is a motivator of innovative development, a lever to combat environmental pollution, and also provides a factor in sustainable development. Starting in 2020, government procurement was transferred to electronic format. In a study conducted by the Institute of State and Municipal Management of the National Research University Higher School of Economics, which was published on December 20, 2021, an anonymous survey revealed that most representatives of business structures participating in public procurement encounter corruption during the competitive procedures. Based on the results of the analysis, it was revealed that open competition in electronic form and procurement from a single supplier (performer, contractor) are the most susceptible to corruption. And the best from the point of view of anti-corruption is an electronic auction, since it takes place in real time, which creates public control over the auction. As a result of the research, directions for openness and accessibility of information on public procurement for all interested parties, automation of the process of selecting a winner in a limited time without the influence of the customer with the participation of artificial intelligence were proposed. This will help increase the level of economic security of Russia in the field of public procurement.

Anti-corruption prevention and its main directions in the field of public procurement

The subject of the research is the norms of international and domestic legislation on public procurement, on combating corruption, as well as scientific works on the prevention of corruption crimes and anti-corruption prevention.The purpose of the study is to determine the place of anti-corruption prevention in the system of preventing corruption crimes in the field of public procurement and to study its main directions.The objectives of the study are to analyze the existing approaches in the scientific literature to the characterization of the system for preventing corruption crimes in the field of public procurement, to consider the theoretical foundations of anti-corruption prevention, as well as to characterize the main directions of anti-corruption prevention in the field of public procurement.The work used dialectical, system-structural, formal-logical and other methods of scientific knowledge.The scientific novelty of the work lies in the consideration of issues of anti-corruption prevention in the field of public procurement that were not previously subject to research. The article defines the place of anti-corruption prevention in the system of preventing corruption crimes in the field of public procurement, substantiates the need for the development of anti-corruption prevention in this area, and describes its main directions. The author defines anti-corruption prevention in the field of public procurement as a system of non-coercive measures aimed at creating conditions that stimulate the anti-corruption behavior of public procurement entities. The paper identifies and characterizes five main areas of anti-corruption prevention in the field of public procurement: anti-corruption openness, anti-corruption public control, anti-corruption education, anti-corruption expertise and anti-corruption encouragement. These directions are implemented at three levels: general, group and individual.According to the results of the study, the author comes to the conclusion that in order to optimize the system of preventing corruption crimes in the field of public procurement, it is advisable to develop each of these areas of anti-corruption prevention. The development of the approach outlined in the article will ensure consistency in the analysis and reform of anti-corruption prevention in the field of public procurement.

Economic and legal responsibility for anti-competitive collected actions in the form of correction of the results of tender, bids, auctions, competitions as a manifestation of collected behavior of procurement participants

The article is devoted to consideration of the issue of coordinated behavior of participants and customers of public procurement. The need to observe the principles of competition in the public procurement procedure is substantiated. The key point in conducting procurement is compliance with the conditions of competitive selection of the procurement winner, elimination of the possibility of victory of the "necessary” participants and overcoming corruption and speculation. Regulation of public procurement mechanisms is a combination of economic and legal and administrative legal aspects. Relations that arise in the process of procurement have different aspects of legal regulation, as well as the subjects of offenses in this area can be both business entities and bodies of state power, local self-government, management and control. It has been proven that public procurement involves a competitive selection of the winner, in compliance with all other procurement principles stipulated by the Law of Ukraine "On Public Procurement”. It was emphasized that the main purpose of the Law "On Public Procurement” is to ensure effective and transparent procurement, create a competitive environment in the field of public procurement, prevent corruption and develop fair competition. Public institutions must make purchases in accordance with special requirements of confidentiality and security, as well as taking into account national interests. It is argued that today the field of public procurement is quite corrupt, and many cases of violations of the main basic principles of the Law have been recorded, which leads to the distortion of the results of tenders, trades, and auctions. Distortion occurs due to the concerted behavior of procurement participants, or participants and customers. That is, concerted actions can be vertical and horizontal, mixed and conglomerate actions can also take place. Any concerted behavior during public procurement violates the terms of competition, is prohibited and entails liability in accordance with the legislation of Ukraine. The article emphasizes that proving collusion in procurement and actually bringing violators to justice is a complex issue that requires improvement both from the point of view of theoretical points and procedural aspects. Of course, the state is interested in ensuring transparent implementation of public procurement, and this can be achieved thanks to the introduction of a clear mechanism to overcome the corruption component. It is argued that regulation and control by state bodies play an important role in this institute. The state acts as a special customer, which is an expression of public interests. The use of such a legal instrument as public procurement of goods, works and services gives the state the right to choose business entities that will fulfill the state order on the most favorable market terms, on the basis of compliance with the terms of competition. Unfortunately, it is not always possible to observe honest and fair procurement.
 Attention was drawn to the fact that overcoming a large number of conspiracies in the field of public procurement and ensuring compliance with the principles of fair competition during procurement is one of the tasks of the Antimonopoly Committee of Ukraine, as a public procurement appeals body. However, issues of combating and implementing effective mechanisms to prevent the occurrence of collusion between public procurement entities and, as a consequence, procedural aspects regarding appeals and prosecution of offenders for concerted actions that led to the distortion of the results of tenders (tenders) remain problematic.

Законодательство России и Южной Кореи о публичных закупках

The author compares centralized (in South Korea) and decentralized (in Russia) procurement systems, identifies similarities and differences in the legal regulation of relations in the field of public procurement in Russia and South Korea. The author compares the information systems in the field of procurement of the two countries and the procurement methods used by them. Special attention in the article is paid to issues related to the functioning of registers of unscrupulous suppliers.

Public procurement in the system of creating conditions for the development of deep tech innovations in Ukraine

Problem setting. The European Union has long been paying special attention to stimulating innovative activity through the use of public procurement. This is emphasized both in EU directives in the field of public procurement and in specific program documents regarding the development of innovations in the European Union, in particular the new wave of deep technological innovations. At the same time, in Ukraine, the public procurement institute is currently used only as a tool for saving public funds and preventing corruption. Thus, there is a need to study the issue of public procurement as a means of state regulation of innovations in general, as well as a possible tool for stimulating deep technological innovations in Ukraine, including, considering the experience of the EU, in particular, and for the post-war reconstruction of our state. Analysis of recent researches and publications. Some separate aspects of the issue of innovation stimulation through the mechanism of public procurement were given attention in the works – V.K. Malolitneva, L.O. Berezovska, A.V. Kyrychenko, S.R. Karpenko and others. At the same time, the issue of stimulating a new wave of deep tech innovations, using the instrument of state procurement, requires a more detailed study as a separate phenomenon, including in the aspect of harmonizing Ukrainian legislation with EU directives in the field of public procurement. Purpose of the research is to determination of the place of the institution of public procurement as a tool for stimulating the development of deep tech innovations in Ukraine, as well as an analysis of the legal support for the use of public procurement as a regulation of innovative activity in the European Union and in Ukraine, including in the aspect of the need to harmonize Ukrainian legislation with EU rights. Article’s main body. The article is devoted to the study of the issue of legal regulation of public procurement as a means of state regulation aimed at stimulating innovative activity in the European Union. The value of state purchases of ready-made innovative solutions, as well as research and development works, the result of which can be innovative products, is analyzed. The main types of procurement of innovations provided for by European regulatory acts are given. It has been established that the riskiness and capital intensity of deep tech innovations indicate that the main driver, catalyst, and initiator of their development can be the state, using the mechanism of the state order. The issue of legal regulation of the use of the public procurement tool to stimulate the development of deep technological innovations in Ukrainian legislative acts has been investigated. The main legal problems of using such a tool in our country are presented, including in the aspect of harmonization of legislation in the field of public procurement with relevant EU directives. Conclusions and prospects for the development. In Ukrainian legislation, despite its harmonization and adaptation to EU law, there are no special provisions regarding procurement of innovations. At the same time, in the European Union there is a thorough and consistent approach, according to which public procurement an important and effective tool for the development of innovations, in particular, deep tech innovations. Ukraine needs more careful consideration of this practice, since post-war reconstruction requires special innovative solutions that can be found, including, with the use of public procurement.

Methodology for Assessing Procurement Systems: the Case of Public Procurement Bid Disputes Management in KenyaP.

Purpose: This study sought to assess the efficacy of bid disputes management mechanism in Kenya. Theoretical Framework: Transparency in public procurement proceedings is a concern for most stakeholders. Allowing aggrieved bidders to challenge decisions of procuring entities is considered a critical development in the space of public procurement. The effectiveness and efficiency of bid disputes management mechanism should therefore be a concern for procuring entities, bidders, and development partners especially. This aspect is yet to be explored extensively in Africa. Design/Methodology/Approach: The Methodology for Assessing Procurement Systems (MAPS) as propagated by the Organisation for Economic Co-operation and Development (OECD) helps evaluate the quality of public procurement systems and subsequently strategize on necessary reforms. This study applied MAPS to assess the efficacy of the bid disputes management mechanism in Kenya. Findings: It was established that overall, the public procurement bid dispute management mechanism in Kenya was effective and efficient. However, shortcomings were noted concerning resourcing of Public Procurement Administrative Review Board (PPARB), unaffordable filing fees and accessibility of comprehensive, simple, and clear information on filing procedures. Research, Practical and Social Implications: The findings of this study offer policy recommendations that will help promote effective and efficient management of public procurement bid disputes. Originality/Value: The results of this study contribute to theory, practice and literature in the field of public procurement which is less researched in the Eastern Africa Region. The findings of the study can be replicated in countries that have based their procurement reforms on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Public Procurement. It is to be appreciated that application of MAPS indicators allows for subjective judgments by the assessor.