Competition procedures for the determination of the private partner
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the analysis of legal regulation of the procedure for conducting a competition for the definition of a private partner within the framework of the procedure of public-private partnership. Currently, among the sources of such regulation, the Law “On Public-Private Partnership” and the Procedure for conducting a tender for identifying a private partner for the implementation of public-private partnership on objects of state, communal property and objects belonging to the Autonomous Republic of Crimea are allocated. The author identifies the stages of the competition for the determination of the private partner (from the decision to hold the contest before announcing and publishing the results of the contest and concluding the contract; the author singles out nine such stages) and analyzes each of them. The current state of legislation in this area and the main shortcomings of the legal regulation of the analyzed institute are researched. In particular, attention was paid to the declarative nature of certain provisions of the legislation and their non-conformity with the names of articles. The criteria for evaluating bids are also explored. The author comes to the conclusion that the current legislation in the part of legal regulation of the procedure for conducting a tender for the determination of a private partner is overburdened with formal requirements that may pose a potential threat to contest the results of the competition. Moreover, neither the Law nor the Procedure does not establish the consequences of violations of the relevant procedural requirements for conducting a competition (recognition of a contest invalid, something that has not happened, etc.).
Authors and Affiliations
А. К. Бородайко
Keywords
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