The legal characteristics of the contract concluded as a result of public procurement

The relations in the field of procurement of goods, works and services for budgetary funds to meet the needs of enterprises, institutions and organizations in goods, works and services are one of the forms of cooperation between the state and subjects of economic activity. The use of public procurement involves certain procedures and mechanisms set out in the Law of Ukraine ‘On Public Procurement’ and a number of bylaws. For example, the specifics of public procurement of goods, works and services for customers provided for by the Law of Ukraine ‘On Public Procurement’ for the period of martial law in Ukraine and within 90 days from the date of its termination or cancellation are regulated by the Resolution of the Cabinet of Ministers of Ukraine No. 1178 dated 12.10.2022. The procurement agreement is the instrument and form that ensures the implementation of the regulation of relations in connection with the procurement of goods, works and services for budgetary funds. In this regard, the detailed theoretical analysis of the legal nature of this contract and its characterization have become urgent tasks of the national legal science. The essential terms of the procurement contract shall not differ from the content of the tender offer of the winner of the procurement procedure / simplified procurement or the agreed price of the participant’s offer in case of negotiation procedure, and shall not be changed after its signing until the parties have fulfilled their obligations in full, except in cases determined by law. The procurement agreement is a civil law, consensual, fixed-term, paid transaction by its legal nature and is bilateral. The procurement contract cannot be classified as a particular classification group of contracts (for the transfer of property, for the performance of works, for the provision of services, etc.) Depending on the subject matter, the respective procurement contract will be regarded as belonging to a particular group of contracts. At the same time, when determining the thresholds (criteria) for the application of certain public procurement procedures, it is necessary to proceed from the conceptual framework of the Law of Ukraine ‘On Public Procurement’ (for example, lease will be treated as a service, however, the essential terms will be determined based on the legal regulation of this particular type of property transfer agreement).