PRINCIPLES OF PUBLIC PROCUREMENT AS THE BASIS OF THE ORGANIZATIONAL AND LEGAL MECHANISM OF STATE REGULATION

Abstract

Introduction. This article examines the principles of public procurement as the foundational framework of the organizational and legal mechanism for state regulation. The relevance of the topic stems from the fact that current Ukrainian legislation, specifically the Law of Ukraine “On Public Procurement,” contains a list of principles but does not elaborate on their content, leading to ambiguous interpretation and formal application in the practical activities of contracting authorities and procurement participants. At the same time, scientific literature has not devoted sufficient attention to a systematic analysis of these principles as an element of the state governance mechanism.

Purpose. The purpose of this article is to provide a theoretical justification for the role of public procurement principles as a fundamental component of the organizational and legal framework for state regulation, as well as to define their functional purpose and areas for improvement.

Materials and methods. The methodological foundation of this study is based on general scientific and specialized methods of inquiry, including the systems approach, structural-functional analysis, the comparative legal method, as well as methods of analysis, synthesis, and theoretical generalization. This has made it possible to examine the principles of public procurement not only as legal categories but also as an element of the administrative system.

Results. The study found that the principles of public procurement serve a dual function: on the one hand, they are of a regulatory and legal nature, being enshrined in legislation; on the other hand, they serve as managerial guidelines for the activities of public administration entities. It has been demonstrated that these principles are an integral element of the organizational and legal mechanism that influences the formation of legal norms, the institutional structure of the procurement system, and the practice of law enforcement. It is substantiated that principles perform organizational, norm-forming, control, and protective functions, ensuring the coordination of actors’ actions, defining the content of legal regulation, and protecting the rights of participants in procurement procedures. The content of the key principles defined by legislation has been clarified, in particular the principles of fair competition, openness and transparency, non-discrimination, objectivity and impartiality, as well as economy, efficiency, and proportionality.

A number of issues regarding the practical application of these principles have been identified, including their formal compliance, conflicts between individual principles, and the lack of a clear methodology for their implementation. Particular attention has been paid to the impact of martial law on the implementation of these principles, which necessitates their adaptation, particularly with regard to restrictions on information transparency for security reasons.

The article argues for the need to improve the current system of public procurement principles by clarifying, revising, and supplementing them. It proposes abandoning the “maximum economy” category, consolidating certain principles, and adding new ones to the list, including the principles of sustainable development and fairness. The necessity of taking into account environmental, social, and economic criteria in the procurement process in accordance with European approaches is substantiated.

The article formulates the author’s vision of an updated system of public procurement principles, which allows for a balance between the efficient use of public funds, legal certainty, and the modern challenges of public administration.

Discussion. Future research should focus on developing mechanisms for the practical implementation of public procurement principles, improving methods for assessing compliance with these principles, and conducting an in-depth analysis of the integration of sustainable development principles into the national procurement system and its harmonization with European Union law.