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Public Procurement Contract: Legal Problems of the Practice of Application of Contractual Form.

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Bibliographic Details
Title: Public Procurement Contract: Legal Problems of the Practice of Application of Contractual Form.
Authors: Myroslavskyi, Serhii (AUTHOR), Derevyanko, Bogdan (AUTHOR), Nikolenko, Liudmyla (AUTHOR), Shapovalova, Olga (AUTHOR), Tereshchenko, Serhii (AUTHOR)
Source: European Procurement & Public Private Partnership Law Review. 2025, Vol. 20 Issue 1, p121-134. 14p.
Subject Terms: *ARTIFICIAL intelligence, *LETTING of contracts, *PURCHASING contracts, *GOVERNMENT purchasing, LEGISLATIVE amendments
Geographic Terms: UKRAINE
Abstract: This article aims to identify legal problems associated with using the contractual form in Ukraine's public procurement field. The study revealed that the main legal problems in the contractual form of public procurement include the incorrect definition of the subject of procurement, manipulation during tender procedures, the gap between market prices and tender offer prices, contract execution deadlines, and issues with the form of the contract and tender documentation. It was determined that the current control and legal regulation mechanisms cannot effectively overcome these issues. The study's proposed solution includes further integrating artificial intelligence technologies and implementing smart contracts into the public procurement process. In addition, amendments to the current legislation are proposed, in particular, supplementing the Law of Ukraine 'On Public Procurement' with Article 41-1, which will provide for the implementation of smart contracts. As a result of implementing these proposals, we can expect an increase in competitiveness in public procurement and a positive economic effect during the process of their implementation. [ABSTRACT FROM AUTHOR]
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Database: Business Source Index
Description
Abstract:This article aims to identify legal problems associated with using the contractual form in Ukraine's public procurement field. The study revealed that the main legal problems in the contractual form of public procurement include the incorrect definition of the subject of procurement, manipulation during tender procedures, the gap between market prices and tender offer prices, contract execution deadlines, and issues with the form of the contract and tender documentation. It was determined that the current control and legal regulation mechanisms cannot effectively overcome these issues. The study's proposed solution includes further integrating artificial intelligence technologies and implementing smart contracts into the public procurement process. In addition, amendments to the current legislation are proposed, in particular, supplementing the Law of Ukraine 'On Public Procurement' with Article 41-1, which will provide for the implementation of smart contracts. As a result of implementing these proposals, we can expect an increase in competitiveness in public procurement and a positive economic effect during the process of their implementation. [ABSTRACT FROM AUTHOR]
ISSN:21947376
DOI:10.21552/epppl/2025/1/19