Issues of Harmonization of Ukrainian Legislation on Public Procurement with International Standards in the Area of Preventing Corruption

Abstract

The purpose is meant to explore international instruments in the field of combating corruption in the public procurement system and analysis of trends in the development of national public procurement legislation in terms of creating and improving corruption prevention mechanisms, determining possible corruption risks in order to explore the possibility of creating an effective mechanism for preventing corruption in the public procurement system by implementing the provisions of relevant international treaties and other acts. The work is performed using methods of analysis and synthesis, deduction and induction, systematic approaches. The scientific novelty of the article is the combination of the analysis of international anti-corruption norms implemented by Ukraine and those that have not yet been implemented, as well as certain provisions of national legislation in the public procurement field regarding their effectiveness as a means of preventing corruption. A procurement system that lacks transparency and high competition is an ideal environment for corrupt behavior. Accordingly, the major international codes concerning anti-corruption measures and public procurement are predominantly based on these fundamental principles in order to reduce the risk of corruption. National regulation is quite successful in preventing corruption by applying the recommended leading international requirements on transparency and procedurality. However, continuous analysis of corruption risks is required, as well as detailed training initiatives, intensive monitoring processes (such as internal and external audits) and active oversight by civil society that will ensure the successful application of the legal provisions. The situation can be aggravated when, even in the best of intentions, regulators impose stricter restrictions in the field of combating corruption. Excessive regulations can violate the discretionality of powers (the right to choose actions), which can adversely affect government spending, as it will force the government to make inefficient and expensive purchases. Therefore, consideration should be given to identifying deficiencies and risks in purchasing functions that could be improved through proper regulation and transparency. International experience concerning anti-corruption measures in the field of public procurement offers some framework mechanisms to make national procurement law clearer and more balanced. Although Ukraine is trying to integrate into the EU rapidly, focusing on the implementation of EU public procurement directives into Ukrainian law and relevant practices, attention should also be given to additional measures within other international instruments and sources that can help more effectively implement the best practices and provide useful and practical guidance for all participants of public procurements. Methodology. In a course of the research the dialectical method of scientific knowledge of social and legal phenomenon in their contradictions, developments and changes is applied allowing for an objective assessment of the level and effectiveness of the prevention of corruption in public procurement; the aristotelian method through which elements of a legal mechanism of prevention corruption were identified; the rather-legal method is used in the analysis of current legislation and international regulations; the statistical method is used in the process of research of empirical data and statistical material; the method of formal logic (analysis, synthesis, hypothesis) – in determining the main areas of the study and solving problematic issues. Conclusions. The theoretical basis of the publication is the work of domestic and foreign scholars on the aspects of corruption prevention in the field of public procurement.

Keywords: corruption; public procurement; regulation of processes; implementation of agreements; corruption risks.