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State Purchases as a Form of State Participation In Civil Law Relations

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Abstract

The article states the growing role and importance of public procurement in a market economy. The author examines the legal framework for public procurement at three levels: within the framework of the World Trade Organization (WTO), within the framework of the Eurasian Economic Union (EEA) and the Commonwealth of Independent States (CIS), as well as in the national legislation of the Republic of Belarus. The presence of relevance for the purposes, tasks, basic requirements in the regulation of public procurement at all three levels is noted. Proposals have been made to improve the legal norms for public procurement: the definition of a reserve supplier along with the winner, the creation of registers of the best suppliers in the EEMP, the CIS and individual member states of international economic entities. In this survey, the author examines the public procurement as a form of state participation in civil law relations with a foreign element, since all levels of regulation require the admission of foreign representatives to procurement on conditions of fair competition. From this follows the conclusion – in contracts of state procurement between the subjects of different states, in the absence of choice by the parties to regulation, the law of the buyer, not of the seller, should be applied.

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Baryshev V.A. State Purchases as a Form of State Participation In Civil Law Relations. ECONOMICS. LAW. SOCIETY. 2017;(4):43-51. (In Russ.)

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ISSN 2411-118X (Print)