Summary
This study contains the attempt of the comprehensive approach to issues of the correlation of concepts, provisions and obligations of States and their associations with respect to technical barriers to trade (in particular, technical regulations, standardization, certification, and accreditation, conformity assessment procedures and market surveillance systems) enshrined in international world treaties (in particular, the Agreement on Technical Barriers to Trade (TBT), which is binding for Member-States in the system of the WTO treaties) and regional multilateral and bilateral treaties (for example, the Association Agreement between Ukraine, from one part, and the European Union, European Atomic Energy Community, and their Member-States, from the other part, dd. June 27, 2014). The particular attention is paid to the national, including unified (or that being in the process of unification/adaptation), institutional and legal provision in this area, most notably in Ukraine and the European Union (first of all, the Regulation of the European Parliament and of the Council No. 765/2008/EC and Decision of the European Parliament and of the Council No. 768/2008/EC of 9 July 2008). The performance by Ukraine at the domestic/national level of its international obligations in accordance with the Association Agreement 2014 has been separately considered in terms of technical regulations and standardization, accreditation, conformity assessment procedures and market surveillance systems and their implementation (adaptation, entrenchment) in relevant regulatory legal, and organizational and institutional forms.
The objective of the research is to study the global experience of the legal regulation and organization of public procurement (from a not only legal but also a technological perspective), which should be the basis for suggestions to improve the legal regulation mechanism for procurement public in Ukraine. For the implementation of the comparative legal part of the study, normative legal acts and acts of official interpretation of the legal systems of the following states, as well as related scientific and scientific-practical materials, were used: USA, Australia, New Zealand, Japan, Switzerland, South Korea, United Kingdom, Japan, Egypt, Canada, Malaysia, Israel, India, Argentina, Australia, New Zealand. The unification of electronic public procurements systems remains to be a topical and unresolved task for the WTO GPA member countries. The experience of some countries in encouraging small and medium-sized enterprises in electronic public procurement is considered progressive and positive. We consider it necessary to adopt the experience of the USA, Israel, China countries and accelerate the adoption of laws in Ukraine to support national producers.
Анотація Дослідження присвячено ролі Республіки Польща та Європейського Союзу у всебічному протистоянні нападу РФ на Україну. Міжнародний і національний вплив здійснюється шляхом запровадження і застосування економіко-правових заходів (санкцій/обмежень), колективних і індивідуальних, стосовно усіх сфер суспільного життя країни-агресора. Висвітлено національні організаційно-правові особливості впровадження Польщею економічних важелів впливу на Росію, з огляду на їх зміст і співвідношення з п'ятьма пакетами санкцій ЄС проти РФ, впроваджених внаслідок нападу останньої на Україну.
In the current geopolitical and economic relations between the states, in particular the relations with the participation of Ukraine, the availability of an effective and efficient mechanism for the implementation of government procurement becomes important, which is also guaranteed by international and national legal regulation. The purpose of the study is to characterize the System of national legal regulation of public procurement of Ukraine, to determine the features of the impact of international law on the Ukrainian procurement system, as well as ways to improve it. The results showed that the legal regulation of government procurement on the territory of Ukraine is undergoing significant changes, in connection with the harmonisation of legislation to international (worldwide and regional) standards, this stipulates the adoption of a large number of regulatory acts. The study proved that the majority part of the WTO GPA and Association Agreement provisions in the field of government procurement has already been implemented or is being implemented by Ukraine. Indeed, taking into account the access to the EU market obtained within the GPA framework, Ukraine has already not so many external incentives for the full compliance with the obligations to harmonize the legislation under the Association Agreement than it was expected at its signing. One cannot forget that the enhancement of Ukraine’s positions on the international stage contributes to performing its own international obligations, especially to the countries and international organizations / integrations, partners, donors and creditors.
The article is devoted to comprehensive generalization of features/characteristics of international trade agreements/treaties which introduce/fix certain trade advantages in the tariff and non-tariff spheres. The article identifies fifteen classification features/characteristics of the analyzed international agreements. The features are divided into groups: those simultaneously inherent in all/any mentioned international trade agreements/treaties; those inherent only in international economic integration agreements/treaties; those inherent just in preferential international trade agreements/treaties. Practical relevance: The classification gives an opportunity to suggest some definitions/terms, which take into consideration/involve some separated particulars, namely those of preferential trade agreements, international economic integration agreements, which also include regional trade agreements.
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