Otrzymywanie dotacji celowych przez fundacje i stowarzyszenia a status podmiotu prawa publicznego w rozumieniu ustawy Prawo zamówień publicznych
Receiving targeted subsidies by foundations and associations as a condition for obtaining the status of a body governed by public law in the meaning of the Act – Public Procurement Law

Summary/Abstract: This contribution aims to answer the question of whether targeted subsidies received by a foundation or association should be considered as a condition for obtaining the status of a body governed by public law in the meaning of public procurement law. The manifestations of correlation between foundations and associations and the public sector are not a neutral state from the point of view of the obligation of public procurement. The appropriate procedures when making public purchases are often associated with the expenditure of public funds, particularly in terms of the implementation of tasks by the representatives of the public sector. It should however be noted that the functional analysis of the obligation for public procurement leads to the conclusion that its scope goes beyond the activities of state and local authorities. The system of socioeconomic relationships occurring in the modern democratic states tends to blur the boundaries between the public and non-governmental sector, which creates the need for a similar evaluation of the two categories of entities from the point of view of their impact on the public interest.

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