Tools of Safeguarding Legal Validity in Public Procurement
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Abstract
This article aims to present an overview of a legal validity safeguard system in conducting public procurements in Lithuania. This matter is chosen for research considering that administrative institutions and others contracting authorities conducting public procurements dispose large amount of financial resources, therefore well–functioning legal validity safeguard system is essential condition for using these resources in the most efficient way. Furthermore, violations of legal acts on public procurement can lead not only to dissipation of funds, but also disorganize everyday work of administrative institutions, reduce the quality of public services, thus searching for better legal validity safeguard system is pressing, because it contributes to the efficiency of public administration.
Applying logical and comparative methods different measures of legal validity safeguard system are investigated in this article. The author analyses a public procurement announcement system in Lithuania and in European Union, focuses on issues in regard to liability for violations of the Law on Public Procurement and examines a role of governmental institutions in safeguarding legal validity of public procurements. The order of filing claims and complaints against contracting authorities is also explored. The author makes a comparison of legal validity safeguarding tools in Lithuania and other countries as well as gives comments and proposals on the shortcomings in legal acts regulating this sphere of activity.
The causes of infringements of public procurement rules lie in the discretionary powers of procuring entities. If all of components of legal validity safeguard system (a public procurement announcement system, governmental institutions, controlling process of public procurement, operative resolution of complains and protests) function in a proper way, they can reduce the number of violations in this sphere.
Applying logical and comparative methods different measures of legal validity safeguard system are investigated in this article. The author analyses a public procurement announcement system in Lithuania and in European Union, focuses on issues in regard to liability for violations of the Law on Public Procurement and examines a role of governmental institutions in safeguarding legal validity of public procurements. The order of filing claims and complaints against contracting authorities is also explored. The author makes a comparison of legal validity safeguarding tools in Lithuania and other countries as well as gives comments and proposals on the shortcomings in legal acts regulating this sphere of activity.
The causes of infringements of public procurement rules lie in the discretionary powers of procuring entities. If all of components of legal validity safeguard system (a public procurement announcement system, governmental institutions, controlling process of public procurement, operative resolution of complains and protests) function in a proper way, they can reduce the number of violations in this sphere.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
