Issue: № 11/1, 2022
Doi: https://doi.org/10.37634/efp.2022.11(1).7
Introduction. Bringing national legislation in line with the requirements of international agreements to which Ukraine is a party has been and remains an urgent problem of Ukrainian legislation. In addition to the problem of slow implementation of their provisions, in practice there are also situations when the norms of national legislation contradict the international obligations that Ukraine has assumed by ratifying the relevant agreements. The subject of research in this paper is the WTO Agreement on Government Procurement and its correlation with national legislation. Despite the fact that the issues outlined by us, namely, the correlation of the WTO Agreement on Government Procurement with the legislation of Ukraine, is extremely relevant, at the scientific level it has not been given sufficient attention. The purpose of the paper is to compare the legal analysis of the problems related to the correlation of Ukraine's international obligations under the WTO Agreement on Government Procurement and the national legislation of Ukraine to highlight the problematic aspects and provide possible solutions. Results. In the course of the study, the provisions of the WTO Agreement on Government Procurement were examined in detail, namely the main purpose, principles, and approaches that it expresses. The comparison with the norms of the national law on public procurement was made and it was concluded that the provisions on localization contradict the requirements of the Agreement, namely the principles of non-discrimination and national treatment. In addition, it was found that there are no exceptions to the application of the provisions of the Agreement in relation to Ukraine. Conclusion. In the course of the study, we came to the conclusion that the introduction of measures to stimulate the development of the national producers seems appropriate, but it is necessary that such measures do not contradict with the requirements of international treaties to which Ukraine is a party. Therefore, it is necessary to eliminate this contradiction at the level of legislation, considering national interests and risks associated with introducing certain measures. Since the Agreement was ratified by Ukraine without any exceptions aimed at protecting national producers, this significantly limits the government's ability to support national suppliers through public procurement procedures. The situation when the norms of laws contradict the international obligations of Ukraine is unacceptable, so this problem must be resolved.
Keywords : WTO Agreement on Government Procurement, localization, public procurement, non-discrimination, national treatment
References:
1. Zhuravel A.V. Features of legal regulation of foreign economic activity in Ukraine. South Ukrainian legal journal. 2014. pp. 85-89. URL: dspace.oduvs.edu.ua/bitstream/123456789/856/1/Особливості правового регулювання.pdf (in Ukrainian).
2. Olefir A. WTO Agreement on Government Procurement: legal implications for Ukraine. Entrepreneurship, economy and law. 2017. pp. 79-84. URL: http://pgp-journal.kiev.ua/archive/2017/3/18.pdf (in Ukrainian).
3. On foreign economic activity: Law of Ukraine of April 16, 1991. No 959-XI. URL: https://zakon.rada.gov.ua/laws/show/959-12#Text (in Ukrainian).
4. On Amendments to the Law of Ukraine "On Public Procurement" to create preconditions for sustainable development and modernization of domestic industry: Law of Ukraine of December 16, 2021 No. 1977-IX. URL: https://zakon.rada.gov.ua/laws/show/1977-20#Text (in Ukrainian).
5. Agreement on Government Procurement. URL: https://zakon.rada.gov.ua/laws/show/981_050#Text (in Ukrainian).
6. On Accession of Ukraine to the Agreement on Government Procurement: Law of Ukraine of 16 March 2016 No. 1029-VIII. URL: https://zakon.rada.gov.ua/laws/show/1029-19#Text (in Ukrainian).