FORMATION OF MAIN AREAS OF IMPROVING ADMINISTRATIVE AND REGULATORY FRAMEWORK FOR OVERSIGHT AND CONTROL OF PUBLIC PROCUREMENT IN UKRAINE

Анотація

Purpose.Conclusions.The purpose of the article is to formulate the areas of improving the administrative and regulatory framework for oversight and control in the field of public procurement in Ukraine.Results.The relevance of the article is that after the declaration of Ukraine's independence, the issue of reforming the regulatory framework, including the public procurement sector, which is being reformed on a systematic basis, has arisen.In determining the legal framework for oversight and control of public procurement in Ukraine, this study uses a hierarchical factor to classify them and analyses them according to the following scheme: constitutional provisions, laws of Ukraine and bylaws.Oversight and control in any sector are necessary to prevent shortcomings, detect them as early as possible and warn of possible negative consequences.It is clear that punishment for shortcomings is not the goal of oversight and control in itself.Conclusions.It is concluded that the main areas of improving the administrative and regulatory framework for oversight and control of public procurement in Ukraine are as follows: 1) harmonisation of oversight and control should be directed towards increasing its transparency; 2) the principles of oversight and control in the field of public procurement are determined not only by the importance of the principles as the fundamentals of such activities, but also to a greater extent by their practical component -they are intended to ensure the effective implementation of tasks and goals in the field of public procurement by the state; 3) for the purpose of establishing fair rules of conduct for controlling bodies, it is necessary to develop and adopt a 'Code of Integrity in Public Procurement' for all participants in procurement, as well as for officials of controlling and supervising entities; 4) creation of a single centralised executive body in the field of procurement with a branched structure at the local level, which also facilitates controlling bodies to carry out various control and supervisory activities in this area; 5) using the existing practice of conducting certified training courses for civil servants, it is necessary to create certified training courses for civil servants and law enforcement agencies in oversight and control of public procurement; 6) eliminate duplication of functions and powers of law enforcement agencies and strengthen coordination between all parties involved in oversight and control of public procurement; 8) in order to apply administrative liability to officials in charge of oversight and control of public procurement, it is necessary to: 1) establish clear boundaries of oversight and control over the entire cycle of public procurement; 2) develop a system of effective and enforceable sanctions.

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