LEGAL NATURE OF RELATIONS IN THE FIELD OF PUBLIC PROCUREMENT THROUGH THE PRISM OF CIVIL LEGAL PRINCIPLES

Abstract

Purpose. The purpose of the article is to identify core issues of civil relations in the field of public procurement legal regulation and to suggest ways to solve them. Research methods. The research was carried out using general and special methods of scientific knowledge, for example, the dialectical method allowed to analyze the legal regulation of relations in the field of public procurement as a dynamic legal phenomenon, to identify patterns of its improvement. Results. By its legal nature, public procurement is one of the competitive ways of concluding civil (commercial) contracts. When implementing the provisions of the Law of Ukraine “On Public Procurement” there are civil relations for the conclusion, implementation, amendment and termination of civil contracts. Relations in the field of public procurement shall be subject to the general principles of legal regulation of private legal relations, with the exceptions established by special law. The presence of restrictions and the purchase of goods, works and services for budget funds does not affect the private legal nature of relations in the field of public procurement. Conclusions. The use of public procurement as a special method of concluding contracts does not change the civil legal nature of relations in this area, but only indicates the need to comply with special requirements and criteria established by the legislation of Ukraine. First of all, it is a question of definition of clear criteria of defining the customers. At the same time, in the absence of clear wording concerning such customers in the legislation of Ukraine, it is the case law of the Supreme Court that should protect the rights and legitimate interests of all participants in relations in the field of public procurement.