CURRENT ISSUES OF INTERNATIONAL PUBLIC PROCUREMENT IN UKRAINE

Today, one of the most developing law institute in Ukraine is public procurement. Ukraine takes vector to European community. For this reason, government have necessary join to The Agreement on Government Procurement, which was accept in 1994 [2]. Ukraine join to this international document in 2016 [1]. It is a really significant event for our country and for economic development. This agreement allows to participate in international tenders. By the way, participant must follow with regulations of agreement.

The most important of this regulations.

With respect to all laws, regulations, procedures and practices regarding government procurement covered by this Agreement, each Party shall provide immediately and unconditionally to the products, services and suppliers of other Parties offering products or services of the Parties, treatment no less favourable than: that accorded to domestic products, services and suppliers; and that accorded to products, services and suppliers of any other Party.

 A Party shall not apply rules of origin to products or services imported or supplied for purposes of government procurement covered by this Agreement from other Parties, which are different from the rules of origin applied in the normal course of trade and at the time of the transaction in question to imports or supplies of the same products or services from the same Parties.

There shall be no requirement or reference to a particular trademark or trade name, patent, design or type, specific origin, producer or supplier, unless there is no sufficiently precise or intelligible way of describing the procurement requirements and provided that words such as “or equivalent” are included in the tender documentation.

Entities shall not provide to any supplier information with regard to a specific procurement in a manner which would have the effect of precluding competition.

Each Party shall provide non-discriminatory, timely, transparent and effective procedures enabling suppliers to challenge alleged breaches of the Agreement arising in the context of procurements in which they have, or have had, an interest.

Each Party shall provide its challenge procedures in writing and make them generally available [1].

In this way, joining Ukraine to The Agreement on Government Procurement is one of the most important steps in integration in European community. This agreement has necessary regulations in improving institute of public procurement. In spite of this, the final articles of the agreement contains the following information. Parties will continue improving the GPA. The revised GPA clearly sets out that, no later than three years after the entry into force of the revised GPA and periodically thereafter, the parties shall undertake further negotiations to progressively reduce and eliminate discriminatory measures and to achieve the greatest possible extension of the coverage. In this spirit, the GPA parties have also agreed to undertake a number of work programmes which will influence the future evolution of the Agreement.

Literature

1. Угода про державні закупівлі [Електронний ресурс]. – Режим доступу: http://zakon3.rada.gov.ua/laws/show/981_050

2. Про приєднання України до Угоди про державні закупівлі: Закон України від 16.03.2016 № 1029-VIII // Відомості Верховної Ради. – 2016. – №16. – Ст.1105.