Regulation of public procurement under the Eurasian Economic Union law and ways of convergence of national procurement legislation

  • Dmitry A. Kazantsev Financial University under the Government of the Russian Federation, 18, 3-ia Ribinskaya ul., Moscow, 107113, Russian Federation
  • Natalya А. Mikhaleva National Research University Higher School of Economics, 20, ul. Myasnitskaya, Moscow, 101000, Russian Federation

Abstract

Russian procurement regulation exists not merely by itself, but also in the framework of the formation of unified approaches to procurement regulation within the Eurasian Economic Union (EAEU). These approaches today are based on a common methodology, although national laws of each state demonstrate various options for implementation. The integration processes affected by the creation of the EAEU also influence public procurement. The formation of a single economic space and unified procurement market as economic bases cannot exist without bringing the national legislation of EAEU member states on public procurement to uniform standards. The trend towards unification and harmonization of procurement legislation in the EAEU member countries requires the creation of a unified market for public procurement of the EAEU to ensure unhindered access to procurements, which will make it possible to expand sales markets under economic pressure from sanctioned non-tariff barriers. This article addresses some of the issues related to public procurement in EAEU member states in light of the functioning procurement systems. The authors make an attempt to reveal some of the main features of the public procurement system based on an analysis of the main legislative acts of the EAEU member countries. The main positive trends in harmonization of the EAEU procurement legislation are described taking into account previous experience. Ways to solve problems are proposed as a result of a comparative analysis of the legislation governing the procurement process in the EAEU member countries. The study also reveals the problems of legal regulation of the supranational level of procurement legislation that impede the effective achievement of the objectives of economic integration and the formation of a unified market for public procurement. The article is an attempt to comprehensively analyze the procurement legislation of the EAEU countries, taking into account the requirements of supranational legislation that is designed to ensure uniformity of legal models for the formation of a procurement system for state customers.

Keywords:

procurement, integration, harmonization, tendering, competition, procurement efficiency, legislation

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Author Biographies

Dmitry A. Kazantsev, Financial University under the Government of the Russian Federation, 18, 3-ia Ribinskaya ul., Moscow, 107113, Russian Federation

PhD in Law

Natalya А. Mikhaleva, National Research University Higher School of Economics, 20, ul. Myasnitskaya, Moscow, 101000, Russian Federation

Postgraduate Student

References

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Published
2020-12-03
How to Cite
Kazantsev, D. A., & MikhalevaN. А. (2020). Regulation of public procurement under the Eurasian Economic Union law and ways of convergence of national procurement legislation. Pravovedenie, 63(3), 393-411. https://doi.org/10.21638/spbu25.2019.303
Section
Articles