IMPLEMENTATION OF SPECULATIVE SCHEMES IN PUBLIC PROCUREMENT AND ISSUES CONCERNING BRINGING TO RESPONSIBILITY

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IMPLEMENTATION OF SPECULATIVE SCHEMES IN PUBLIC PROCUREMENT AND ISSUES CONCERNING BRINGING TO RESPONSIBILITY

Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22

Abstract

Problem setting. The field of public procurement is the most popular and most attractive area for speculation and corruption. The list of competitive offences in the Law of Ukraine “On protection of economic competition” provides liability for such kind of actions as anti-competitive concerted actions in the form of distortion of the results of tenders, bidding, auctions, competitions, but a detailed analysis of this offense has not been made both in terms of scientific research and in terms of legislative support. Target of research is to analyze the legislation in the field of public procurement and to identify the main shortcomings of the bidding procedure, appeal against the results of the bidding conducted in violation of the principles of competition and the mechanism of bringing to responsibility. Analysis of recent researches and publications. Researches in the area of competition law were conducted by such scientists as O. Kashtanov, O. Bakalinska, O. Bezukh, T. Udalov, S. Valitov, N. Borsuk etc.; A. Olefir, O. Koltik, O. Novitskyy, Ie. Ocheredko, etc. paid attention in their work to issues on public procurement, but specifically insufficient attention to issues concerning bringing to responsibility for the distortion of the results of tenders, bidding, auctions, competitions was given in legal science terms. Article's main body. The article is devoted to the issues concerning conducting of and appealing against public procurement. Features of public procurement are investigated and some of the provisions of the Law of Ukraine “On public procurement” are analyzed in the article. Procurement involves competitive selection of participants and fair determination of the winner. Each participant, on the basis of competition, has to offer the best products at the lowest prices. Based on the analysis of foreign experience and European legislation, the author expresses opinion concerning changes in the mechanism of selection of tender’s winners and amendments to the current legislation in order to reduce the number of violations in the field of public procurement. Conclusions and prospects for the development. . оголошення під конкретного кандидата із таких характеристик товару, які підпадають лише під конкретний товару. The article considers several popular schemes of using speculative schemes to circumvent the principle of competition, which leads to distortion of the results of tenders:1. foundation of “pseudo companies” to distort the real competition; 2. concealment of real tender proposals and deliberate use of mistakes in the names of the tender products; 3. announcement in tender for a specific candidate of such product’s characteristics, which are exclusive to that particular product or service, even if it is specified as “equivalent”.

Authors and Affiliations

T. I. Shvydka

Keywords

anti-competitive concerted actions; economic competition; bidding; tenders; competitive procedures; public procurement tender (price) offers; customer; bidder.

EP ID EP489051
DOI -
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