Balance Customer Interests and Competition Protection in Public Procurement
https://doi.org/10.47361/2542-0259-2022-3-31-58-71
Abstract
The article deals with the actual and important issue of maintaining a balance of interests of the customer, as well as the principles of the contract system in the field of procurement of goods, works, services for state and municipal needs, such as stimulating innovation, procurement efficiency, implying the priority of providing state and municipal needs through the purchase of innova. In practice, it is often judged only by the number of participants in the competitive procedure, often acting as resellers of the same product, which does not allow the customer to actively stimulate innovation. The principle of ensuring competition is one of the principles of the contract system: the contract system in the field of procurement is aimed at creating equal conditions for ensuring competition between participants in procurement. In 2022, significant changes came into force in the law 44-FZ “On the contract system”, including in terms of conducting competitive procurement procedures. The scientific novelty of the work lies in the study of various aspects of maintaining the balance of interests of the customer and protecting competition in procurement activities in the context of changing the legislation. The work uses general scientific research methods: comparison, analysis and the method of expert assessments.
The article is aimed at analyzing the balance of interests of the customer, as well as the principles of stimulating innovation, the efficiency of procurement and the principle of ensuring competition and developing recommendations in this area.
About the Author
G. B. Dobretsov
SIC-1 FKU NII FSIN of Russia
Russian Federation
Russian Federation
Narva str., 15a, bldg 1, Moscow, 125130
References
1. Dobretsov G. B. Efficiency of product procurement for state and municipal needs: concept and evaluation criteria // Social and economic systems management. 2021;(3):29–35, (In Russ.)
2. Dobretsov G. B. On the issue of assessing the effectiveness of product purchases for the needs of the penal system // Scientifi c works of the PKU Research Institute of the Federal Penitentiary Service of Russia: Scientific and practical quarterly publication. M.: Research Institute of the Federal Penitentiary Service of Russia. 2021. P. 232-237, (In Russ.)]
3. Dobretsov G. B. Definition “efficiency of state (municipal) procurement”: definition and system of its evaluation // Modern Society and Law. 2022;(2(57)):112-120, (In Russ.)
4. Sochneva E.N., Rusakov A.G. Topical issues of verifying the efficiency of the public procurement system: legal aspects // High-tech law: genesis and prospects: Materials of the III International Intercollegiate Scientific and Practical Conference, Moscow-Krasnoyarsk, February 24-25, 2022. Krasnoyarsk: Krasnoyarsk State Agrarian University. 2022. P. 267-274, (In Russ.)
5. Sheshukova T. G. Efficiency of public procurement in budgetary institutions: methodological aspect // Accounting in Budgetary and Non-Profi t Organizations. 2018;(16(448)):11-18, (In Russ.)
6. Dobretsov G. B. On the issue of indicators characterizing the effectiveness of product purchases for the needs of the penal system//Scientifi c works of the PKU Research Institute of the Federal Penitentiary Service of Russia: Scientifi c and practical quarterly publication. M.: Research Institute of the Federal Penitentiary Service of Russia. 2021. P. 237-246, (In Russ.)
7. Khairullina A.D., Gubaidullina A.I., Makarova E.S. Study of the efficiency of ensuring competition in state and municipal procurements on the basis of risk analysis // Vestnik of the russian university of cooperation. 2022;(1(47)):127-131,(In Russ.)
8. Saigina, E.P., Bakalskaya E.V. Problems related to competition in the public procurement market // Alley of Science. 2017;4(16):312-315, (In Russ.)
9. Public procurement system in Russia: competition against quality? / A. Konov, I. Begtin, N. Gorbacheva and et al., ed. M. Komin; Center for Promising Management Decisions. M.: CPUR; HSE Anti-Corruption Center, 2019. 64 p. (Series “Analytical Notes on Public Administration”), (In Russ.), https://doi.org/10.52672/27132137_2019_01_01_08]
10. Serogodskyi V.Ed. Legislative regulation of fair competition methods in the procurement process // International legal courier. 2020;(2):39-43, (In Russ.)
11. Mitrofanova O.N. On the importance of non-price competition in the system of state and municipal procurement // Vector Economy. 2021;(2(56)):20, (In Russ.), DOI 10.51691/2500-3666_2021_2_3
12. Dobretsov G. B. Effective procurement of educational services for state and municipal needs // Corporate Governance and Innovative Economic Development of the North: Bulletin of the Research Center of orporate Law, Management and Venture Investment of Syktyvkar State University. 2021. Vol. 1, issue 3. Р. 334–343. DOI: 10.34130/2070-4992-2021-1-3-334 (In Russ.)
13. Dobretsov G.B. Legislation of the Russian Federation on the contract system: customer needs and development of competition at the stage of description of the procurement object // Modern Society and Law. 2022;(1(56)):122-129, (In Russ.)
Review
For citations:
Dobretsov G.B. Balance Customer Interests and Competition Protection in Public Procurement. Russian competition law and economy. 2022;(3):58-71. (In Russ.) https://doi.org/10.47361/2542-0259-2022-3-31-58-71
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