| Krylova O.I., Executive Director, Junior Research Fellow in Law at IPE LLC, https://orcid.org/0009-0009-3365-2404 |
The negotiated procurement procedure is exceptional in nature and differs significantly from competitive public procurement procedures. During the period of martial law in Ukraine, there has been a significant expansion in the practice of using legal grounds for the procurement of goods (works and services) without using an electronic procurement catalogue, due to the specific nature of public needs and the need to ensure the continuous functioning of public authorities in crisis situations.
A comprehensive analysis of current legislation, judicial practice and practical cases has revealed a number of significant gaps and ambiguities in defining the requirements for documentary evidence of grounds for applying non-competitive procurement procedures. The uncertainty of legal regulation creates conditions for potential abuse and unjustified spending of budget funds, and also complicates control over the legality and expediency of procurement processes.
In this context, given the existing typical problems and legal conflicts, the only universal form of confirmation of the legal grounds for applying a non-competitive procurement procedure should be an expert opinion from an expert institution that has the appropriate statutory powers for this purpose and whose specialists are professionally qualified and have the relevant professional competence. The regulatory consolidation of this approach will promote the transparency of procurement procedures, reduce disputes and create a predictable legal environment for business entities and public authorities. A single mechanism for documentary confirmation of the legal grounds for the use of non-competitive procurement procedures will contribute to the standardisation of decision-making processes and strengthen trust between procurement participants. At the same time, the only document that can currently ensure the.
