Procurement and law. 2024. 1.

The article examines the processes of digitalization of the public procurement system used as tools to improve the efficiency of public administration. The comparative analysis of the introduction of innovations into the public procurement systems of the Republic of Korea and the Russian Federation is carried out. The reasons for the backwardness of the digital transformation of the state and municipal procurement market of the Russian Federation are summarized. The conclusion is substantiated that there are no cause-and-effect relationships between the imperfection of regulation and the actual implementation of digital tools.

The article examines the comprehensive approach of the South Korean legislator to the issue of supporting small and medium-sized businesses in the public procurement system. The general laws enshrine measures of state support aimed not only at ensuring the development of these entities, but also at indirectly stimulating their participation in public procurement. In special laws, the measures of such support are determined taking into account the specifics of procurement relations, they complement the list of support measures established in general laws.

The author analyzes two main groups of entities endowed with preferential rights to conclude government contracts in South Korea. The first group includes entities in respect of which a state policy is being implemented to promote the improvement of their socio-economic situation and the stability of employment, i.e. those entities (residents) to whom state support is provided. The second group consists of subjects of international economic relations (non-residents), who, in accordance with international and national legislation, are guaranteed preferential rights to participate in public procurement in South Korea.

This article compares approaches to procurement from small and medium-sized enterprises (SMEs) in Russia with the Republic of Korea. It was possible to trace how these systems developed, why changes took place and how the increase in the mandatory share of purchases for small and medium-sized enterprises from 20 to 25% affected the Russian procurement system. Separately, the issue of organizing non-competitive purchases carried out for amounts not exceeding 20 million rubles from SMEs in an electronic store is being considered.

The article discusses the features of criminal liability for crimes in the field of public procurement under the legislation of the Republic of Korea. The key difference is that criminal liability is provided for not only in the Criminal Code of the Republic of Korea, but also in other laws. Russian law enforcement practice is influenced by the presence of several laws governing public procurement. At the same time, criminal violations of the law on the regulation of public procurement are reflected in the Criminal Code of Russia with special offenses. Criminal violations of the law on the regulation of corporate procurement are qualified by the general provisions of the Criminal Code of Russia.

The article is devoted to the analysis of the legal regulation of the eco-friendly public procurement system in South Korea. The article examines the regulation of public procurement in Korea, the main subjects of such legal relations. The emphasis is placed on the importance of the programs of minimum purchase of environmentally friendly products (Minimum Green Standard Product Purchase) and mandatory purchase of environmentally friendly products (Mandatory Purchase of Green Products).

The Republic of Korea has extensive experience in transforming the procurement system. This experience is valuable because it allows us to see in practice, not only in theory, the effectiveness of specific procurement tools and the limitations of their use. Korean experiments in the field of procurement regulation are an example of a systematic search for balance and rejection of extremes. And therefore, the study of this experience is relevant for any state interested in developing its public procurement system.

This paper deals with the results of a study of anti-corruption tools provided for by the legislation of the Republic of Korea on public procurement. The author analyzes the legislative requirements for mandatory electronic procurement by the central procurement management body. The impact of digitalization and centralization of procurement on reducing corruption risks is described. The possibilities that used in the law enforcement practice of the Republic of Korea to identify signs of a bid-rigging are disclosed. Special attention is paid to the legal responsibility for the bid-rigging in public procurement. The provisions of the Korean legislation on exclusion of suppliers as a means of fighting corruption are evaluated. Legislative prescriptions on the settlement of conflicts of interest in public procurement and the duty of a procurement participant to conclude an integrity agreement are reviewed.

The article analyzes the provisions of South Korean legislation concerning the participation of small and medium-sized enterprises in public procurement. The author places special emphasis on the issue of supporting small and medium-sized businesses offering innovative technologies. The Korean procurement system is considered by the author as the most important tool for the development of small and medium-sized enterprises.

The article examines the general provisions, similarities and key differences in the legal regulation of relations in the field of public procurement in Russia and South Korea. The author considers centralized (in South Korea) and decentralized (in Russia) procurement systems, compares information systems in the field of procurement, the methods of procurement used. Special attention is paid to issues related to the functioning of registers of unscrupulous suppliers, support for small and medium-sized businesses, and stimulation of purchases of innovative products.