The corruption risks of the Law of Ukraine «Аbout the effectuation of public procurement» and the ways how to overcome it

• Main Author: В. В. Дараган
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2016-03-01
• Series: Теорія і практика правознавства
• Subjects: public procurement; corruption; law; economics; corruption risks
• Online Access: http://tlaw.nlu.edu.ua/article/view/63221

Problem setting. One of the first tasks aimed at restoring and stabilizing the economy of Ukraine that excels by leaders of our country, is the fighting with corruption in the sphere of public procurement. April 10, 2014 the Law of Ukraine «About the effectuation of public procurement» was adopted. The purpose of which is to improve the legislation in the sphere of public procurement, increasing transparency and openness of the procedure of public procurement; prevention corruption in this area, expanding the scope of the Law and the stabilization the economic situation in Ukraine. In spite of some positive innovations in the sphere of combating corruption, the law specified above, in our opinion, is not perfect because it has some gaps, the presence of which, in some cases may contribute to corruption relations between the customer and the bidders. Recent research and publications analysis. The problems of combating corruption in public procurement of general position was studied by L. Belkin, 2 V. Vasylynchuk, K. Vodolaskova, M. Galuschak, M. Dougan, V. Emelyanov, V. Koryak, R. Kuzmin, S. Nahachewsky, T. Pindus, V. Slyvenko, D. Stepanjuk, A. Chernyey etc. However, the issue of corruption risks of the Law of Ukraine «About the effectuation of public procurement » and possible ways to overcome them still are not received the proper generalization of the scientific achievements of scientists. The object of the article. The purpose of the article is the analysis of the Law of Ukraine « About the effectuation of public procurement» for the presence of a norms in it that determines the occurrence of corruption component, and developing ways to improve specific norms to avoid future corruption risks. Article main body. Analysis of the law allowed us to identify the following gaps that, in our opinion, are held the risk of corruption and required an additional regulation: prevention of participate in the procurement procedure of «associated persons» (including family members) and persons convicted of offenses committed for mercenary motives, of which no record is cleared or canceled in accordance with the law and identity as individuals who have been prosecuted under the law to liability for a public procurement corruption offenses is not regulated; unsettled is the issue of the prohibition of the inclusion to the tender committee persons who have been prosecuted for corruption in the sphere of public procurement or convicted for an acquisitive crime, and criminal record is not cleared or canceled in accordance with the law; As for us, the norm of part 2 of art. 17 which entitles the customer to make a decision to refuse a participant in the procurement procedure in certain cases is doubtful, because it is an alternative norm; Also many questions raises the principles of a “new” norm of implementation of negotiating in the procurement procedure. Conclusions of the research. Given the above, we can conclude that the Law of Ukraine «About the effectuation of public procurement» needs an improvement because of gaps, which in practice could be used by attackers to obtain undue advantage, and the implementation of public procurement in «their» members.