Balance Customer Interests and Competition Protection in Public Procurement

G. Dobretsov
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Abstract

The article deals with the actual and important issue of maintaining a balance of interests of the customer, as well as the principles of the contract system in the field of procurement of goods, works, services for state and municipal needs, such as stimulating innovation, procurement efficiency, implying the priority of providing state and municipal needs through the purchase of innova. In practice, it is often judged only by the number of participants in the competitive procedure, often acting as resellers of the same product, which does not allow the customer to actively stimulate innovation. The principle of ensuring competition is one of the principles of the contract system: the contract system in the field of procurement is aimed at creating equal conditions for ensuring competition between participants in procurement. In 2022, significant changes came into force in the law 44-FZ “On the contract system”, including in terms of conducting competitive procurement procedures. The scientific novelty of the work lies in the study of various aspects of maintaining the balance of interests of the customer and protecting competition in procurement activities in the context of changing the legislation. The work uses general scientific research methods: comparison, analysis and the method of expert assessments.The article is aimed at analyzing the balance of interests of the customer, as well as the principles of stimulating innovation, the efficiency of procurement and the principle of ensuring competition and developing recommendations in this area.
平衡公共采购中的客户利益与竞争保护
本文论述了维护客户利益平衡这一现实而重要的问题,以及合同制度在国家和市政需求的货物、工程、服务采购领域的原则,如激励创新、采购效率、通过购买创新优先满足国家和市政需求等。在实践中,往往只根据竞争过程中参与者的数量来判断,这些参与者往往是同一产品的经销商,这就不允许客户积极地激发创新。确保竞争的原则是合同制度的原则之一:采购领域的合同制度旨在为确保采购参与者之间的竞争创造平等的条件。2022年,44-FZ“关于合同制度”的法律进行了重大修改,包括开展竞争性采购程序。工作的科学新颖性在于在立法变化的背景下,对维护客户利益平衡和保护采购活动竞争的各个方面进行了研究。本工作采用了比较、分析和专家评估的一般科学研究方法。本文旨在分析客户的利益平衡,以及激励创新的原则,采购效率和确保竞争的原则,并在这方面提出建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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