Law. Human. Environment (Feb 2023)
Judicial practice of Ukraine on consideration of public procurement disputes from the perspective of European Union standards
Abstract
Within the framework of harmonization of national legislation with EU standards and compliance with the requirements of the Association Agreement with the EU in the field of public procurement, there are still many problematic issues that arise at the level of law enforcement practice and are illustrated in the judicial practice of national courts. Judicial practice is a living law, the analysis of which helps establish the quality of legislation in this area and offer a further map of reforms. The purpose of this study was to analyse judicial practice in the field of public procurement after the adoption of the new version of the Law of Ukraine “On Public Procurement”, as well as to assess the national approach to the standards of the European Court of Human Rights. The methodological framework of this study included both philosophical, ideological, and general scientific methods, as well as a number of special scientific ones. The terminology was analysed primarily through the lens of the dialectical method; the method of document analysis served as the basis for investigating the legal practice of the Supreme Court of Ukraine. At the same time, the method of analysis, synthesis, and comparative method were also applied. The paper presents and examines the dynamics of harmonization of national legislation with European Union standards for the period from 2015 to the present. By analysing the law enforcement practice of the Supreme Court on the most high-profile court cases in Ukraine in the field of public procurement, practical conclusions were drawn and an appropriate legal assessment was given. The conclusion was substantiated that the harmonization of national legislation in the field of public procurement pursuant to the requirements of the European Union has not yet been completed in Ukraine. Attention was focused on numerous regulatory shortcomings of the law enforcement process, specifically at the sub-legislative level. The practical value of this study lies in the fact that it examines both doctrinal approaches and theories regarding ideal concepts of public procurement, and judicial law enforcement practice as a living example that can show the real state of legal regulation, as well as gaps in regulatory application.
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