STATE AND PROSPECTS OF DEVELOPMENT OF THE PUBLIC PROCUREMENT SYSTEM IN UKRAINE ON THE CASE OF THE APPEAL SUBSYSTEM

Abstract

The main tools of the appeal system of the public procurement system "Prozorro", the features of their use at the moment and prospects for improvement are considered. Based on the results of the analysis of the status and prospects of the Prozorro system development by the example of its appeal subsystem, it can be noted that since its introduction in 2016, a balanced set of tools of protection the participants’ rights and means of appeal of decisions of customers has been formed. The structure of this complex includes free instruments (of which the most important is the requirement, which is published via the web interface in the Prozorro system), and a paid means, such as a complaint. The dynamics of the quantity of procedures with complaints and requirements for the period 2017-2019 is investigated. Analysis of the requirements and complaints showed a tendency of increasing their total quantity, as well as the quantity of satisfied requirements and complaints. Comparison of the share of satisfied requirements and complaints showed that the percentage of satisfaction of requirements by customers themselves and the percentage of complaints, satisfied by the Antimonopoly Committee, are at a comparable level. This indicates the advisability of using free appeal tools by complainants. In addition, this refutes the thesis of mass neglect by customers the appeals of participants. The hypothesis that satisfaction of complaints ("elimination of violations of the law in the field of public procurement") leads to increase of economy and efficiency, is not confirmed. During the 2017-2019 study period, the highest efficiency (relative economy) indicators are observed in the groups of procedures for which complaints have been rejected or withdrawn. The absolute maximum of 7.0% relative economy is observed in 2019 (more precisely, from the beginning of the year until the middle of November 2019) on rejected complaints. As for comparing performance across groups of satisfied and dissatisfied complaints, it was only in 2018 that the performance rate for satisfied complaints was slightly (0.6%) higher than that of dissatisfied complaints. In the other years of the study period, on the contrary, the effectiveness of procedures with unsatisfied complaints was higher than with satisfied complaints. Prospects for research in this direction are to clarify the causes of this phenomenon, including through the formation and study of the information array at the level of individual procedures.