Publication date: 29.05.2024
Legal aspects of public procurement: procedures and liability
Public procurement is an important element of the state's economic activity, as it ensures the efficient use of budget funds and meets the needs of state and municipal institutions. Proper regulation of public procurement contributes to transparency, competition, and the prevention of corruption. Let us consider the main legal aspects of public procurement, including procedures and liability.
Legislative regulation
The Law of Ukraine "On Public Procurement"
The main regulatory act governing public procurement in Ukraine is the Law of Ukraine On Public Procurement. It defines the legal and economic principles of procurement of goods, works and services to meet the needs of the state and territorial communities.
Other regulations
- Resolution of the Cabinet of Ministers of Ukraine: Regulates certain aspects of procurement, such as the procedure for conducting tenders, setting thresholds, etc.
- Orders of the Ministry of Economy of Ukraine: Establish detailed rules and procedures related to public procurement.
Public procurement procedures
Public procurement procedures in Ukraine include several key stages and mechanisms that ensure transparency and efficiency of the process.
Procurement planning
- Annual procurement plan: Procurement organizations are obliged to draw up an annual procurement plan, which is published on the official web portal of public procurement. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers documents, online lawyer's assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
Choosing a procurement procedure
The law provides for several types of procurement procedures that can be applied depending on the value and specifics of the procurement:
- Open bidding: The main procedure used for most procurements.
- Simplified procurement: Used for lower value purchases.
- Negotiation procedure: Used in exceptional cases provided for by law, such as the procurement of goods, works or services with unique properties.
- Competitive dialog: It is used for complex procurements when the customer cannot clearly define technical requirements or financial terms.
Bidding process
- Bidding announcement: Information about the procurement is published on the official web portal.
- Submission of bids: Tenderers submit their offers through the electronic procurement system.
- Evaluation of proposals: Proposals are evaluated according to certain criteria, such as price, quality, deadlines, etc.
- Determination of the winner: The winner is the bidder whose proposal meets all the requirements and is the most cost-effective.
Conclusion of the contract
After the winner is determined, a procurement contract is concluded, which must comply with the terms of the tender documents and the winner's proposal.
Responsibility in public procurement
Administrative responsibility
Officials who violate the requirements of public procurement legislation may be held administratively liable. This may include fines and other administrative sanctions.
Criminal liability
In the event of crimes such as corruption, abuse of office, bribery or forgery, officials may be held criminally liable.
