Public purchase applying ordinary commercial practice theoretical aspect
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Abstract
Public purchase is inevitable and constant activity of purchase organizations, bigger part concludes public law subjects and activity, which meets concrete needs.
Public purchase applying constant commercial practice is one of simplified ways, what means no international level of purchase, which gives an opportunity to make purchase agreement quickly and according to buying organization confirmed regulations.
Purchase in this constant commercial public way is not complicated purchase - usual in purchase organization. Also there are formed mostly marketable merchandise and services or work purchase traditions, which are formed by purchase organization itself, also confirming regulations of these transactions. Bad and good experience of purchase in this constant commercial way cause changes of the regulations.
Law statements, which regulate this way of purchase, standard consolidation is not comprehensive, but more liberal and letting purchase organizations huge freedom of discretion to set the rules. Principles of the public purchase, aims and minimal requests are consolidated in the clause of Public Purchase Law and it restricts the freedom of creation.
The main statement of this law, which confirms imperative legal regulations is devoted for purchase in regular commercial way – Public Purchase Law. First impression of this law, may create an opinion, that only two articles regulate pursue of the purchase and all the rest 125 articles are not obligatory. The opinion is not correct. Logic analysis of Public Purchase Law reveal the fact that there are more articles of this kind. It must be stressed that following the general rule some law statement norms are not obligatory, but under some kind of circumstances, they gain imperative nature. Purchasing organizations, which have duty to detail Public Purchase Law norms consolidated in rules by themselves, must be attentive, because improper ordinary commercial way of purchase, demand additional economic and human resources. It also creates conditions for corruption to appear, which intervention is directed to illegal utilization of “public” money.
Public purchase in ordinary commercial practice way is carried only if there is at least one conformable circumstances. Legislation made full list of circumstances, that’s why determination and definition of these circumstances is very important step for the purchase organizations, it causes legality of purchase executive.
Public purchase applying constant commercial practice is one of simplified ways, what means no international level of purchase, which gives an opportunity to make purchase agreement quickly and according to buying organization confirmed regulations.
Purchase in this constant commercial public way is not complicated purchase - usual in purchase organization. Also there are formed mostly marketable merchandise and services or work purchase traditions, which are formed by purchase organization itself, also confirming regulations of these transactions. Bad and good experience of purchase in this constant commercial way cause changes of the regulations.
Law statements, which regulate this way of purchase, standard consolidation is not comprehensive, but more liberal and letting purchase organizations huge freedom of discretion to set the rules. Principles of the public purchase, aims and minimal requests are consolidated in the clause of Public Purchase Law and it restricts the freedom of creation.
The main statement of this law, which confirms imperative legal regulations is devoted for purchase in regular commercial way – Public Purchase Law. First impression of this law, may create an opinion, that only two articles regulate pursue of the purchase and all the rest 125 articles are not obligatory. The opinion is not correct. Logic analysis of Public Purchase Law reveal the fact that there are more articles of this kind. It must be stressed that following the general rule some law statement norms are not obligatory, but under some kind of circumstances, they gain imperative nature. Purchasing organizations, which have duty to detail Public Purchase Law norms consolidated in rules by themselves, must be attentive, because improper ordinary commercial way of purchase, demand additional economic and human resources. It also creates conditions for corruption to appear, which intervention is directed to illegal utilization of “public” money.
Public purchase in ordinary commercial practice way is carried only if there is at least one conformable circumstances. Legislation made full list of circumstances, that’s why determination and definition of these circumstances is very important step for the purchase organizations, it causes legality of purchase executive.
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Please see Copyright and Licence Agreement for further details.
