ADMINISTRATIVE AND LEGAL STATUS OF SUBJECTS OF PUBLIC PROCUREMENT IN UKRAINE
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2017, Vol 3, Issue
Abstract
The purpose of the article is to define the concept of subjects of public procurement in a broad and narrow sense, their classification on the essential features and to determine the place of a particular subject in the system. In order to achieve this goal, the author distinguishes the classification criterion, namely, the impact they make on public relations in the field of procurement and the relations that arise in connection with this influence. Depending on the nature of the impact on social relations, the author distinguishes procedural, obligatory, controlling, regulating and organizational and technical subjects of public procurement. For procedural and obligatory subjects, customers, and participants of public procurements are held, for them, the tender documentation is characterized by the number, qualitative and technical characteristics that correspond to a particular procurement procedure. The controlling entities include judicial, state, and community control. They differ both in the source and in the volume of powers – so the public has only the powers of the passive observer, in fact, deprived of the authority to appeal, since for this it is necessary to justify violations of their rights and interests, which are protected by law, with regard to decisions; the bodies of state control have specialized powers, judicial authorities exercise their powers within the general competence of resolving legal disputes. The regulation of the public procedure is a prerogative of the legislature and a specially authorized executive body, but in fact, such a regulation is also carried out by local self-government bodies. Organizational and technical support of public procurements is to support the activities of the electronic procurement system, which is responsible for ensuring the functioning and filling of the web-portal is the State Enterprise “PROZORRO”.
Authors and Affiliations
O. M. Kostenko
Keywords
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