Analysis of public procurement principals and their application research Cover Image

Viešųjų pirkimų principų analizė ir jų taikymas laikantis konfidencialumo reikalavimų
Analysis of public procurement principals and their application research

Author(s): Donatas Raščius
Subject(s): Law, Constitution, Jurisprudence, Public Administration, Social differentiation, EU-Accession / EU-DEvelopment
Published by: Lietuvos verslo kolegija
Keywords: public procurement; equality; nondiscrimination; transparency; both sides appreciation and proportion; confidence;

Summary/Abstract: Public procurement takes important rule in nowadays market. Public sector for many companies is attractive with requests and good payment possibilities especially during crisis. In many cases taking part in public procurement or organizing them some problems arises. The main problem is that, in public procurement process, principles of public procurement are regulated differently, which are the base principles executing public procurement procedures and their holding is of imperative type. Also executing public procurement procedures confidence requirement are attracted wrong way. Public procurement have the large influence in Lithuanian law base, however Lithuanian law practice is not enough, so article is prepared with reference to Lithuanian, also with reference to European Union Law practice. The number of publications about public procurement theme is not large. There are researched in the article main public procurement principals: equality, nondiscrimination, transparency, both sides appreciation and proportion. There are analyzed public procurement principals, significative of law practice examples and relations with requirements of confidence. There is submitted in the article public procurement principals legal regulation as in national as in EU measure. The main article conclusions: Public procurement principals application differs from common law principles in that way principles compliance have a big influence to courts, deciding the question of public procurement legality, that is their violations can have the main importance to acknowledge public procurement competition as unavailable. Public procurement imperative form makes fair competition conditions, equal opportunities to suppliers and rational using of state assets. Public procurement principals application and implementation must be regularized with confidence requirement, for which violation are intended disciplinary, civil and criminal responsibility. In public procurement regulating law acts are consolidated the main public procurement priciples and aims, which outlines main importance analyzing public procurement quarrels, shows public procurement application and implementation purpose. Public procurement public procurement law regulation in national also in EU law aspects is related with public interets protection, so Republic of Lithuania public procurement law norms requirements are of peremptory character. Public procurement principles conceptions are not strictly and clearly described in public procurement regulated law acts, though their complying must be ensured in every public procurement process stages. Trying to ensure confidence requirements suppliers tendering proposals, also purchasing organizations implementing purchasing procedural must ensure, that disposition of information undine public procurement aims, implementation principles, so properly information suppliers about purchasing procedural must ensure principle of transparency.

  • Issue Year: 17/2010
  • Issue No: 1
  • Page Range: 45-52
  • Page Count: 8
  • Language: Lithuanian
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