Some Legal Remedies of Prosecutor’s Supervision over the Legality of Procurement Activities

Legal remedies of prosecutor’s supervision should be understood as the powers of prosecutors provided for by law, as well as the procedure and form of their implementation. A distinctive feature of the legal remedies of prosecutor’s supervision is that, as a result of their application, there always arises a legal relationship between the prosecutor’s office and the supervised person. The legal remedies of prosecutor’s supervision over the legality of procurement activities are classified according to traditional criteria: remedies aimed at identifying violations in the field of procurement activities - the powers of the prosecutor provided for by Art. 22 of the Law on the Prosecutor’s Office; remedies aimed at eliminating violations of the law - protests and proposals; and remedies aimed at bringing the perpetrators to justice - decisions on the initiation of administrative proceedings and sending materials containing signs of a crime to the criminal prosecution body to resolve the issue of initiating a criminal case. Practice shows that the most frequently used and effective means is the prosecutor’s appeal to the court with a statement of claim. The judicial order is the most effective: it allows fully influencing the offender and ensuring the protection of the rights and legitimate interests of entrepreneurs or the state. The main objectives of the prosecutor’s participation in trials are to ensure efficiency in spending budget funds, broad participation in procurement activities of various entities, fair competition, transparency of procurement procedures, elimination of corruption-generating factors, prevention of violations in procurement activities by procurement participants.

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