Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Sustainable public procurement taking into account the pandemic factor: European experience and application in Ukraine

Author(s): Volodymyr Ustymenko, OlenaZeldina, Viacheslav Krykun, Olga Shayturo, Olena Kurepina, Nataliia Herasymenko

The authors of the article have studied the EU legislation on public procurement, as well as the national laws of Germany, France, Austria, Norway, the Netherlands, Sweden, Switzerland, which deal with sustainable procurement. The research has demonstrated that there are problems in the application of EU norms on sustainable public procurement. The pandemic has highlighted numerous problems in the field of sustainable procurement; in particular, many stimulus measures announced by leading economies demonstrate a significant lack of attention to addressing environmental sustainability. The research is aimedat demonstrating that it is necessary to take into account the goals of sustainable development and to introduce an effective mechanism for ensuring sustainable procurement in the process of combating COVID-19. The authors state that the practice of introducing sustainable public procurement in countries around the world is different, due to a number of socio-economic and legal factors. The experience of countries that widely use of sustainable public procurement demonstrates the need to balance economic and non-economic goals. Sustainable public procurement allows implementing economic, environmental and social principles. The authors of the article have noted that the positive experience of European countries in the implementation of sustainable public procurement is not reflected in the legislation of Ukraine. Despite the proclamation of the priority of sustainable public procurement, this process has not been intensified in Ukraine. The legislation of Ukraine on public procurement needs to be improved, namely it is necessary to reveal and enshrine the term of “sustainable procurement” in legislation, to provide both environmental and social aspects of sustainable procurement, to establish the priority of sustainable public procurement.

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