ПРАВОВЕ РЕГУЛЮВАННЯ СОЦІАЛЬНО ВІДПОВІДАЛЬНИХ ПУБЛІЧНИХ ЗАКУПІВЕЛЬ: ТРАНСФОРМАЦІЇ ПІД ВПЛИВОМ ЦІЛЕЙ СТАЛОГО РОЗВИТКУ

• Date: 2020
• Main Author: Malolitneva, V.K.
• Format: Article
• Language: Ukrainian
• Published: V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine 2020
• Online Access: https://economiclaw.kiev.ua/index.php/economiclaw/article/view/971
• Journal Title: Economics and Law

The article is dedicated to the impact of sustainable development processes on the legal regulation of socially responsible public procurement. It is noted that in the context of the new global challenges public procurement is being modified by the emergence of "external" requirements, in particular in the field of social protection, human and labour rights, which are not specific and inherent to the procurement process but are mainly aimed at achieving different goals of other areas of public policy. It is argued that not all social requirements are "external" to the procurement process most of which are aimed primarily at ensuring a level playing field in procurement and competition. Special consideration is given to the conditions, under which the social requirements in procurement can be considered "external" to the procurement process. The author pays attention that today social requirements define a new level of competition. Taking into account these trends in the regulation of public procurement it is important not only for contracting authorities, that are gradually constrained in the choice of "what to buy", but also for economic operators that need to prepare for irreversible processes of application of high social standards where cheap labor is not an advantage when competing for public contract. The author emphasizes on the peculiarities of the development of socially responsible public procurement in Ukraine, which are gradually expanding, especially on the tendency of regulation for contracting authorities "what to buy". The author comes to the conclusion that these processes are driven not by the national priorities and sustainable development goals, but by external factors, in particular Ukraine’s international commitments to harmonize public procurement legislation with the EU requirements. The article provides arguments for the need to change conceptual approaches to public procurement, which should be the basis for inclusion of public procurement to so cioeconomic development programs of Ukraine.