Reform of Procurement Legislation Carried Out by Certain Types of Legal Entities, in the Context of the Problem of Systematization of Regulatory Legal Acts in the Field of Public Procurement

Abstract

In this article, the authors define the criteria for public procurement. Based on the selected criteria, it has been established that government, municipal and corporative procurements today belong to the category of public procurement. An in-depth analysis of the branches of the legislation governing state and municipal procurement s, as well as procurements by certain types of legal entities, has been carried out. The authors draw attention to the state of constant reform, which is typical for public procurement, and the changes introduced into regulatory legal acts are not always successful from the point of view of the goal set by the legislator – improving legal regulation. A high degree of interest of the scientific legal community in the field of public procurement is noted. The content of the legislation on the procurement of certain types of legal entities is critically evaluated: the authors argue the position on the violation by the legislator of the rules of legal technology in the construction of the corresponding regulatory body. The prospects of legal regulation in the field of public procurement are determined. Studying the similarities and differences of the contract system of procurement and procurement of certain types of legal entities, the general orientation of the goals of these sectors of the law is revealed, provided that they are legally drawn up. It has been established that the content of both branches of the law is made up of similar institutions: a register of contracts (agreements), a register of unscrupulous suppliers (contractors, contractors), procurement planning, and the need to make purchases from small and medium-sized enterprises. Attention is drawn to the fact that professional standards contained in the field of continuing professional education take into account the labor functions of persons engaged in labor activities both on the basis of legislation on the contract system and legislation on certain types of legal entities. Based on the results of this work, the authors conclude that, despite the current differences in the legal regulation of these branches of legislation, it is advisable to consider the issue of the prospects for their unification. This is mainly due to the fact that the differentiation of the public procurement system develops negatively on the organization of activities of both customers and procurement participants.

Keywords

• public procurement
• contract procurement system
• procurement of certain types of legal entities
• state (municipal) contract
• competitive procurement