Teisėtumo užtikrinimo priemonės vykdant viešuosius pirkimus.
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.
URI
https://www3.mruni.eu/ojs/jurisprudence/article/view/3350/3146https://repository.mruni.eu/handle/007/13469
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