ADMINISTRATIVE AND LEGAL PROCEDURES OF PUBLIC PROCUREMENT IN UKRAINE
Journal Title: Адміністративне право і процес - Year 2018, Vol 3, Issue
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.
Authors and Affiliations
Юлія Олександрівна Оврамець
Keywords
Related Articles
- EP ID EP668667
- DOI -
- Views 95
- Downloads 0
General characteristics of the misconduct’s legislation of the Bosnia and Herzegovina
The article presents a translation and general characteristics of the legal provisions of the misconduct’s legislation of the state on the territory of the ex-Yugoslavia (Bosnia and Herzegovina). The content and structur...
Administrative and legal procedures of discovering and eliminating the reasons of violating the rights of research- and pedagogical workers in colleges
The article is dedicated to the investigation of the institute of administrative and legal procedures of discovering and eliminating the reasons of violating the rights of research- and pedagogical workers in colleges. P...
VOLLSTRECKUNG GEGEN DIE ÖFFENTLICHE VERWALTUNG
In Deutschland gibt es gesetzliche Regelungen, mit deren Hilfe der Bürger die Vollstreckung von Gerichtsentscheidungen durchsetzen kann. Sie sind in § 170 bis § 172 der Verwaltungsgerichtsordnung (VwGO) geregelt. Dabei u...
Trends of the development of administrative law in Ukraine in the light of processes of globalization and European integration
European integration and globalization processes determine new challenges and opportunities in different areas of life of state and society. Modern problems of administrative legal relations require brand-new solutions....
CRIMEA – THE NEW CHALLENGE FOR FREEDOM OF RELIGION
The paper deals with analysis of modern statement of the freedom of religion and religious organizations existence in occupied Crimea. The key issue of the paper is to highlight main differences in Ukrainian and Russian...