General theoretical principles of forming the public procurement market within the framework of EU legislation

Abstract

The article is devoted to topical issues of formation and, as a consequence, the implementation of Ukraine’s tasks aimed at improving the development of market relations of member countries on the basis of European principles. The purpose of writing this article is to study the general theoretical foundations of the public procurement market in Ukraine on the experience of European practice, as the European integration direction of Ukraine opens new opportunities for the country to reach a qualitatively new level. With the start of operation of the Free Trade Area of Ukraine with the EU, a new stage of Europeanization of national legislation has begun, which is designed to ensure the economic integration of Ukraine with the EU by removing obstacles to mutual trade. The authors note that in order to become a full member of the European Union, Ukraine is creating a practice of eradicating corruption in the public sector and improving legislation in the field of public bidding. The article outlines the legal nature of public procurement in Ukraine, defines the place of this institution in the European integration direction of the state. The paper examines the legal regulation of relations in the field of public procurement in the EU, aimed at ensuring the functioning of the internal market based on the principles of non-discrimination, competition and transparency, which also affects the order and conditions of «horizontal» goals, establishing negative obligations not to violate the basic principles and rules of procurement. The publication concludes that the access of companies from EU member states to the public procurement market of Ukraine will increase competition. This will help to spend budget funds more efficiently and encourage domestic companies to be more competitive.