Analysis reveals legal regulation impacts competition in public procurement, highlighting risks of violations.
This article is devoted to the analysis of the peculiarities of applying administrative responsibility to individual entrepreneurs in the field of public procurement. Special attention is paid to the specifics of legal regulation of the contract system, which differs from general civil law norms and implies additional requirements for participants in procurement procedures. The conditions for the admission of individual entrepreneurs to public procurements are examined, as well as the consequences of legislative violations, including the application of liability measures up to inclusion in the register of unscrupulous suppliers. The main focus is on the most severe types of violations, namely participation in cartel agreements and the conclusion of anticompetitive agreements, which entails administrative responsibility. The study of this issue allows for a deeper understanding of the mechanism for implementing public law norms in the field of public procurement. Comparative legal, systemic-structural, and formal-legal methods of analyzing legislation and judicial practice have been employed. The scientific novelty of this research lies in the comprehensive examination of the specifics of holding individual entrepreneurs administratively accountable within the framework of the public procurement contract system. For the first time, an analysis of law enforcement practices has been conducted, focusing on the specific nature of individual entrepreneurs' participation in procurement procedures and the characteristic violations on their part. It was established that special rules of conduct apply to individual entrepreneurs due to the public nature of relationships in the field of public procurement. The fact of individual entrepreneurs' participation in anticompetitive agreements is particularly significant, indicating the need for increased supervision by antitrust authorities. The obtained results allow for the conclusion that legal regulation needs to be improved and the efficiency of applying liability measures needs to be enhanced to ensure fair competition.
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Igor' Pavlovich Baranovskii (2026) studied this question.
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