| Abstract [eng] |
A positive influence of public procurement for countries economics gave the impulsion for development and permanent modernisation of public procurement regulation. This eventually became a good measure to promote economics, inovation and competition. Due to the fast and continual expansion of international market and penetration into public procurement, the regulation level of public procurement became insufficient and inapplicable to existing conditions. It bacame necessary to eliminate barriers for the opening-up public procurement sector to international market, improve transparency, non-discrimination guarantses and create more effective system of public procurement. To have tangible effects and achieve these purpose, an effective and rapid remedies, without wich none of the legal regulation could normally operate, became necessary. The effective remedies system of suppliers in public procurement became one of the main priorities for modernisation of legal regulation in global, regional and national levels. The main inffluence to legal regulation of public procurement in Lithuania made the implementation of European Union legal acts. Lithuania had long and full of many changes of public procurement regulation way till now existing regulation was implemented. Nevertheless the existing remedies system of suppliers in public procurement formally is in accordance with global standarts – regulation became more definite, more alternative remedies became available to use considering to stage of public procurement procedures – allmost verbatim implementation of European Union acts in Lithuanian national legal system doesn‘t solve practical problems. The system of the review bodies isn’t effective, the courts are crowded of cases and can’t solve it on statutory terms, intersection of public and private interests does not allow a full implementation of the principle of efficiency. It is very difficult to guarantee absolute effectiveness of individual suppliers remedies. For this reason, effectiveness level of a review system as a whole must be ensured for as high level as possible. However, public interests often outweigh the private interests what leads to situation when suppliers rights are not fully ensured. The infringements of public procurement procedures done by procuring entities and ensuing negative consequences can’t fall onto suppliers shoulders, so continual research, identification of practical problems of suppliers remedies and search of solutions are necessary. |
