ЗАШТИТА КОНКУРЕНЦИЈЕ И СУЗБИЈАЊЕ КОРУПЦИЈЕ У ПОСТУПЦИМА ЈАВНИХ НАБАВКИ
PROTECTION OF COMPETITION AND SUPPRESSION OF CORRUPTION IN THE PUBLIC PROCUREMENT PROCEDURES

Summary/Abstract: Regulated public procurement system provides the conditions for a free and non-discriminatory competitive fight between bidders as participants in the tender procedure that is in the public procurement procedure, thus achieving a rational and economical use of public funds. On the other hand, the same value is protected with the suppression of corruption activity in the procedure. At the same time, in accordance with the effects they produce, the most value-serious violation of competition are faced in the public procurement procedures, primarily in the area of cartel arrangements. This paper examined the influence of various elements on the level of competition in the public procurement procedure that is the level of probability of distortion of effective competition. Analyzed factors, in the causal series, are divided into two categories: objective, which are of procedural nature and in which the participation criteria emerges as the most important criteria, and subjective, which are of contractual nature and in which the competitor agreement emerges as the most important form. Starting from the openness and the complexity of the public procurement procedures as its most essential characteristics, a special interest in research is devoted to the issue of dynamic balance that is to the maintenance and adjustment mechanisms within the system of rules of competition.

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