Administrative and legal mechanism of public procurement: conceptual principles and component elements

Abstract

The article provides a comprehensive theoretical and legal analysis of the administrative-legal mechanism of public procurement as a holistic system aimed at ensuring public interests in the management of budgetary resources. The conceptual foundations of the mechanism are considered in the light of the provisions of the Constitution of Ukraine and the Law of Ukraine «On Public Procurement», as well as modern doctrinal approaches in the theory of administrative law. It is substantiated that the administrative-legal mechanism of public procurement is a multi-level regulatory structure that combines regulatory, institutional, procedural, financial, digital and supervisory elements into a single functional system. Within the framework of the general theory of administrative law, such a mechanism is understood as a structured complex of legal means, organizational forms, procedural algorithms and institutional subjects aimed at regulating a certain sphere of public relations. In the field of public procurement, this mechanism acquires particular complexity due to its intersection with public finance management, competition policy, anti-corruption guarantees and digital management.

Particular attention is paid to the transition to digitalization in the field of public procurement, in particular through the use of the electronic procurement system ProZorro. This system serves as a mechanism for digital processes, where legally important actions are performed using electronic procedures based on algorithms. The transition to digital technologies changes administrative judgments, increases transparency, strengthens competition and introduces automated tools that signal potential risks as preventive measures against corruption.

The study also highlights the emphasis on combating corruption within the framework of the mechanism, which affects all its components. Preventive measures, monitoring tools, administrative review processes and accountability mechanisms together create a compliance-oriented governance model. In the context of European integration, the mechanism operates under several layers of regulatory influence, which requires alignment with EU procurement recommendations, especially in terms of transparency, fairness and effective legal response.

The research methodology consists of a combination of general scientific and special legal methods, among which the dialectical method, system analysis and synthesis are necessarily used. In addition, to ensure the study of public procurement, comparative legal and functional methods are used.