PUBLIC BIDDING IN ECONOMIC ACTIVITY: PROBLEMS OF LEGISLATIVE REGULATION

Abstract

The article examines relations that arise in connection with the public bidding in the form of an electronic auction, which is conducted for the purpose of the purchase or sale of property / property rights in relation to various objects.

It is indicated on the dispersion of the rules governing the procedure of conducting an electronic auction under normative legal acts of different legal force, which often leads to duplication of the same time in them. At the same time, the content of a number of terms and concepts concerning public auction and electronic auctions is not disclosed in normative legal texts.

It is noted that a gap in the current Civil Code of Ukraine, which undoubtedly needs to be filled, is the lack of norms regarding auctions and, in particular, public auctions, in connection with which it seems appropriate to provide for a separate chapter in the updated Civil Code of Ukraine, which would contain general provisions regarding auctions in general and public auctions in particular. Thus, the concepts of “auctions” and “public auctions” require a clear legislative definition, and, based on this, the distinction between such concepts as “auction,” “reduction,” “competition,” and “tender,” which are often used as identical.

Therefore, there is an obvious need to adopt a special regulatory legal act in the form of a law that would establish general provisions on the procedure for conducting state public auctions, in particular, determine the bodies authorized to establish the procedure for conducting them and the grounds for mandatory public auctions and their types (auction, reduction, electronic auction, tender, etc.), establish the same discount amounts in the event of a repeated or third auction, as well as unified procedures for registering the results of a particular form of public auction. The adoption of this law, the provisions of which could be of a recommendatory nature regarding the organization and conduct of commercial auctions, will, firstly, significantly increase the legal force of the regulatory legal act regulating electronic auctions (today, regulations adopted by the State Enterprise “Prozorro.Sales” and the State Enterprise “SETAM” are in force), secondly, it will allow to abandon the repeated use in various regulatory legal acts of such terms as “ETS administrator”, “auction”, “ETS”, “elect ronic platform”, “auction step”, “lot”, “electronic platform operator”, “central database”, etc., and in general, to maximally unify the rules for conducting public auctions while preserving certain features of their legal regulation.