Legal Regulation of Obligations from Public Competition in the CIS States

Abstract

The article is devoted to the research of legal regulating public competitive obligations within the Commonwealth of Independent States (CIS) countries and the assessment of its compliance with modern needs of socio-economic, cultural and spiritual development of the Commonwealth countries. The purpose of the comparative analysis and assessment of the national legislation and law enforcement of the CIS countries is to develop a unified approach to the legal regulation of public tender obligations, which will promote international cooperation and exchange of best practices in solving significant socio-economic and innovative issues. The dynamics of the public tender obligation, the legal status of the parties to the obligation, the ways of protecting their rights and legitimate interests are examined by analyzing doctrinal sources, national legislation and law enforcement practice on public tender in the Commonwealth states. The authors found the extremely laconic legal norms on public competitions in the Commonwealth countries sometimes contradict the principles of civil law, create grounds for abuse by the organizer of the tender and do not ensure protection of the rights of its participants, and the identified gaps and contradictions hinder purpose of public competitions. In the study, a model of legal regulation of the public competition obligation covering all its stages is proposed, which, together with the existing arsenal of provisions regulating significant aspects of the public competitive bidding obligation, but remaining outside the legal sphere, will serve as a basis for the harmonization of the national legislation of the Commonwealth member states and, as a result, will contribute to the convergence and creation of a common legal framework for public competitive bidding obligations. The developed approaches to the legal regulation of public tender obligations will, on the one hand, serve as a basis for the harmonization of the national legislation of the CIS states and, as a consequence, contribute to its convergence and the creation of a common legal space in the territory of the Commonwealth, and, on the other hand, ensure compliance with the principles of competitive obligations: competitiveness and transparency of public tendering, independence and objectivity of the evaluation of the works of participants, protection of their rights and legitimate interests. A well-functioning mechanism of legal regulation can contribute to the social purpose of public competition and the expansion of its application in various spheres of life.