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Zaitsev O.L. The Main Stages of Tenders in Ukraine and their Shortcomings

The number and volume of legal relations in the sphere of public procurements indicate about private and legal as well as public and legal relevance of research in this field. There were registered 183 544 users and 24 454 customers of tenders in Ukraine by November, 2014; there were 471 017 promulgated notices about procurements, but only 461 485 results of procurements were promulgated. The difference between promulgated notices about procurements and results of procurements is 9532 committed administrative offences.

Problem’s setting in procurements in general form is in multifaceted legal nature of the relations (civil, commercial, institutional, administrative) arising in connection with the realization of public procurements and contradictions among the normative acts regulating these relations. Public procurements according to a general rule are used to all customers and purchases of goods, as well as works and services that are fully or partially realized by the state funds with a condition if the price of purchase of goods, service (s) is equal or exceed 100 thousand UAH (in the field of building – 300 thousand UAH) and works – 1 million UAH, except purchases according to the procedure of electronic reverse auction. However, there is a great number of special acts that directly refute the general rule.

The author of the article makes the following conclusions: (1) the author believes that the nature of relations of purchases – civil and legal; correspondently the Civil and Commercial Codes of Ukraine should be the general regulations to the orders and instructions of the Ministry of Economic Development and Trade on the stated issues; (2) legislation on public procurements requires standardization and improvement; (3) the author understands that stated above conclusions require careful consideration and he would appreciate rational criticism on these issues.

Keywords: tenders, shortcomings, purchase, Civil Code, Commercial Code.

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