Theoretical and categorical analysis of the concept of public procurement and corruption risks in their implementation in Ukraine

Abstract

The concept of public procurement is revealed. It has been determined that public procurements should be considered as a set of step-by-step actions, which form a holistic, regulated by the law (Law of Ukraine «On Public Procurement») procedure. The purpose of the public procurement procedure is to implement the functions of the public administration. The following definition of corruption risk in public procurement is given – this is the probability of a corrupt act, and will negatively affect the achievement of certain goals and objectives of public procurement. It is proved that corruption risks can arise at different stages of public procurement. The following possible corruption risks in the implementation of public procurement are defined: the creation of such a composition of participants, which makes it possible to avoid the use of bidding procedures with certain restrictions and, instead of using more simplified procedures, including direct conclusion of contracts or purchase from one executor; development of technical conditions or technical tasks with the purpose of promoting the sale of a particular product or service or preventing participation in the bidding of potential participants; determination of discriminatory criteria for the evaluation of tender (price) offers with respect to certain suppliers that are completely incompatible with the requirements of actual procurement; аbuse of «closed» tendering procedures (bidding with limited participation, request for quotations (quotations) or purchase from a single executor, etc.); development of contracting arrangements with the apparent intention of assisting a particular supplier; acceptance from the tenderers of incorrect information or tender (price) proposal prepared (th) in violation of the established requirements; manipulation of the decision-making process within the framework of the work of the tender committee.

Keywords

• public procurements
• government procurement
• tender
• competitive bidding
• prosecution
• trading
• purchases
• corruption risks
• ProZorro system