THE LEGAL NATURE OF PUBLIC PROCUREMENT AGREEMENTS AND THE FEATURES OF CONTRACTING IN ELECTRONIC FORM

In the article, based on the analysis of the contractual process, with the help of analytical, formal-logical and comparative legal methods, the legal nature of the peculiarities of public procurement contracts and their difference from other civil-law and economic contracts is clarified, as well as the peculiarities of concluding contracts in electronic form. The relevance of the article is due to the significant importance of contracts on public procurement and the study of the features of concluding contracts in electronic form for the interests of state customers and the state as a whole. In the course of the study, the properties and nature of public procurement contracts and the peculiarities of concluding contracts in electronic form were clarified in the analysis of compliance with the principle of freedom of contract from the beginning of the pre-contractual process stage to the moment of concluding the procurement contract. When clarifying the legal nature of contracts on public procurement and the features of concluding contracts in electronic form, an analysis of the possibility of applying the concept of “a contract as a source of law” to these contracts is carried out. According to the results of the study, the transparency and openness of the entire contractual process, which is controlled by the public and state bodies in order to meet the needs of customers acting in the interests of the state, has been established. Important features of the legal nature of procurement contracts are their mandatory planning, consensuality and payment. The subject structure of these contracts is special, given the competitive nature of these contracts, which are mostly concluded as a result of competitive procedures or simplified procurement. The state takes a special role in these treaties as “a kind of treaty agent.” When concluding contracts on public procurement, the principle of economic profitability and compliance with the requirements of the customer in accordance with current legislation applies. According to the results and conclusions of the study, participants of the contractual process - customers and participants (service providers, contractors, sellers of goods) and specialists in the field of law are suggested to use in their work. Based on the results of the research, it is proposed to supplement Article 640 of the Civil Code of Ukraine with the fifth paragraph, in which to define the registration of procurement contracts in the state treasury bodies, which is mandatory, but is not specified in any legislative act. Also, in paragraph five of the specified article, it is proposed to determine the moment of conclusion of the purchase contract, which is different from the moment of conclusion of other contracts.