History Of Criminal Law Policy To Ensure The Protection Of Public Procurement

  • A.M. Cheredarchuk
Keywords: public procurement, history of criminal law policy, tender


The development of criminal law policy in the field of public procurement in Ukraine, in particular the legislation that would regulate this area, began in the early 1990s. During 1993-1997, the placement of state orders with foreign suppliers was regulated by Decrees of the President of Ukraine and Resolutions of the Cabinet of Ministers of Ukraine. The practice of placing government orders with foreign suppliers on a competitive basis was extended to domestic markets and resulted in the approval of the legal framework for procurement in the domestic market.

For a long time, although not quite perfect, a reliable system of public procurement existed until the Verkhovna Rada in late 2004 introduced three amendments to the law, which radically changed the situation in the field of public procurement in Ukraine. The adoption of these amendments destroyed the institutional structures established at that time. There has been a significant dispersion of responsibilities in this area between various government agencies, the Verkhovna Rada and non-governmental organizations. Thus, as a result of the forced transfer of governmental functions to a non-governmental organization (the Tender Chamber of Ukraine), institutional capacity was lost. Several private organizations began to play a dominant role in public procurement, leading to serious distortions in the system.

The current state of development of such a policy is that with the entry into force of the Law of Ukraine «On Public Procurement» the tender means the process of competitive selection of participants, which aims to determine the winner of the tender. Accordingly, for such selection, customers will have to carry out some familiar procedures that were provided by previous public procurement laws.