PROBLEM ISSUES OF THE STATE PROCUREMENT SYSTEM AS A MECHANISM OF BUSINESS DEVELOPMENT IN UKRAINE

Abstract

The public procurement system in Ukraine, in accordance with the current legislation, is designed to ensure efficient and transparent procurement, create a competitive environment in the field of public procurement, prevent corruption in this area and develop fair competition.

The key reason for the release of the Law of Ukraine “On Public Procurement” was the low efficiency of the system of conducting tenders, where proper control over the application of the law was not carried out, and there were also opportunities for the implementation of corrupt practices. The absolute advantage of the newly introduced legal regulation of the researched topic was a change in the approach to confirming the grounds for rejecting the participants’ proposal. The list of such reasons is quite significant and includes, for example, the presence of a participant in the Unified State Register of Persons who have committed corruption or corruption-related offenses, the involvement of a procurement participant in liability for committing anti-competitive concerted actions related to the distortion of the results of bidding (tenders), an individual who is a participant, as well as an official (official) person of the participant who signed the tender offer, were convicted of a crime committed for selfish motives, the criminal record of which was not removed or not repaid in accordance with the procedure established by law, the participant was declared bankrupt and the discovery of of the liquidation procedure, etc. These grounds can now be confirmed in any way. The customer establishes a specific method of documentary confirmation of the specified facts in the tender documents only for the winner of the procedure (with the exception of information contained in open sources). The new approach significantly facilitates the procedure for monitoring anti-corruption activities. On the other hand, today the legislation of Ukraine on public procurement, according to which the practice of electronic auctions was introduced, is far from unambiguously perceived by representatives of the economic sphere. An important principle for conducting purchases without any violations is the obligation of customers to bear responsibility for the tenders held. Therefore, a number of existing problems arising due to certain shortcomings of the legal framework stand out in the researched area.