Deputies of the Supreme Council adopted in two readings the draft law "On Public Procurement in Pridnestrovie", while leaving it in the second reading mode. In developing this important document for the legal framework of the country, the authors of the legislative initiative used the world experience they had accumulated.
According to the World Trade Organization (WTO), the total value of transactions in public procurement in developed countries averages between 10% and 25% of GDP. At the same time, a high degree of bureaucratization and corruption in this sphere does not allow optimizing the procurement process at all levels of the financial system. In some countries, the rent in the procurement sector is 9-10%, and state bodies that control the state order - 20-30% (and even 50%) of the contract amount.
According to some information, in our republic, 500 state customers and 600-700 suppliers participate on average in the public procurement system, and the volume of the Pridnestrovian public procurement market in 2012 was 500 million rubles, or 45 million dollars, and in 2017 - 200 million rubles , or 12.5 million dollars.
The total sum of contracts for 7 years has decreased more than twice. At the same time, it is obvious that the volume of state orders remained at the same level. Its annual decrease was due to an increase in the share of public procurement without a tender. In this case it is difficult to talk about the effectiveness of using budget funds.
The experience of other countries, such as Russia, the United States, Great Britain, Germany, France and others, where national contract systems operate, shows that it is based on a unified system for managing the life cycle of ensuring public needs.
Russian legislation on the contractual system provides for the creation of a contract service that purchases. The contract service, the contract manager plans to purchase, selects the method of determining the supplier (contractor, performer).
The activities of the US Federal Contract System are governed by federal rules for the planning, placement and execution of government contracts. Office of the Federal Contract System is the office of the US government order. The process of public procurement is under the control of contract officers. The amount of budgetary funds that are managed within the framework of the Federal contract system is more than $ 500 billion in the US. More than 160 thousand commercial organizations are participants of the contract system.
Public procurement is managed by the department for state affairs in the UK, which is subordinated to the treasury. It assesses the need for carrying out certain state purchases for each agency, selects projects, accompanies the process of placing state contracts and managing contracts.
The legislation in the sphere of public procurement in Germany is reflected not in a special law, but in the section on the law on the inadmissibility of restricting competition (antitrust law). Satisfaction of public needs is considered in the context of the principles of a market economy. All organizations equal to state customers are in the scope of the system of control over the procedure of public procurements. Thus, the state customer is considered and a number of private structures. The control system includes two instances: the appellate (in the form of an independent institution), the judicial (in the form of a judicial body). The possibility of challenging the decision to place state orders in court was a successful innovation in Germany. The procurement process to meet public needs is decentralized. Federal, regional and local authorities, as well as private structures working in the life-support sectors, place applications, guided by the provisions of existing legislation.