Public Procurement Legal Institute in the System of Special Administrative Law

Abstract

The article deals with the study of the legal institute of public procurement, which is newish but actively developing in Ukraine. The express purpose of the research is to understand and arrange the adopted legislation on public procurement, separate the relevant legal institute, and substantiate its branch attribution. Research methodology is conditioned by the article’s purpose; thus, it is used both general scientific and special methods of scientific cognition. Research logic involves processing and studying the application scope of the law: the procedure of procurement and administrative appeal, and the mechanism of control and legal protection to achieve the purpose and tasks set by the authors. Results. The conducted study of the legal institute of public procurement has made it possible to conclude that the institute of administrative law comprises a set of rules regulating decision making about the need for procurement, preparation for procurement, appeal, and control. In particular, the entities entering into legal relations (customers) are subjects which are established by the state or a territorial community to meet public needs. The procurement procedure and grounds for a refusal to participate in the procurement procedure are compulsorily regulated by the law, and the method of determining the expected value of the procurement item and the rules for setting the procurement item by the customer are regulated by the act of the Ministry. Moreover, appeals against actions and decisions in public procurement procedures can be carried out both in administrative and court proceedings, in which the Antimonopoly Committee of Ukraine is the body of administrative appeal, and the administrative court – the body of judicial appeal. Everything mentioned in the article as a whole allows asserting the formation and becoming of a new institution of special administrative law – the institute of legal regulation of public procurement.