THE SYSTEM OF PUBLIC AND DEFENSE PROCUREMENT ENTITIES, THEIR FUNCTIONS AND ADMINISTRATIVE AND LEGAL STATUS

Abstract

The article examines the system of public procurement entities as a complex administrative and legal structure that combines participants with different legal statuses, functions, and powers. It has been established that the effective functioning of the public procurement system in Ukraine depends on a clear division of powers between state authorities, customers, participants in procurement procedures, and controlling and supervisory institutions. The content of the concepts of “public procurement entity” and “administrative and legal status” is revealed, and the main elements of the latter are defined: legal capacity, powers, rights, obligations, responsibilities, and guarantees of activity.
Particular attention is paid to the analysis of the central executive body that shapes procurement policy and the role of the State Audit Service as an external control body. The administrative and legal nature of authorized persons of customers, their responsibility for compliance with the principles of openness, non-discrimination, and efficient use of budget funds are examined. The interaction between the entities of the procurement system through the Prozorro electronic platform as a tool for ensuring transparency and public control is highlighted.
The entities are classified according to the criteria of legal status, level of management, and nature of participation in the procurement procedure. It is argued that the system of public procurement entities has the characteristics of an administrative and legal institution within which the state's administrative and managerial powers in the field of economic policy are exercised. This article provides a comprehensive analysis of the legal status of the authorized representative under public procurement law, taking into account their functions, powers, and responsibilities as a key actor in ensuring the proper organization of the procurement process.