Viešųjų pirkimų administracinių ir civilinių teisinių santykių atribojimo pagrįstumas. Teisinės tokio atribojimo problemos

Abstract

In this work there is analyzing the validity of delimitation of civil and administrative relations of public procurement. In the first part, reaching the purposes of this investigation, it was discussed the conceptions and the peculiarities of administrative and civil relations, also there was discussed about the problems of delimitation of administrative legal relations and of other kinds of legal relations (penal, work, international, costs etc.), especially, ascription of society relations to the administrative or civil legal relations and the meaning of such delimitation. In the second part of this work there was investigated the conception of the relations of public procurement, the characteristic features of legal regulation of public procurement. It was reviewed the legal basis of the reglamentation of public procurement and other legal acts, in such a way revealing the problematic aspekts of this institute. In this work it was investigated the position of Lithuanian legislator in separate stages of development of the institute of public procurement and separated the peculiarities of every stage. By explaining the peculiarities of the relations of public procurement, it was trying to identify particular problems rising corresponding to unsuitable establishment of legal character of administrative and civil relations in the implementation of public procurement. This purpose was reaching by the analyzing the reglamentation of principles of the relations of public procurement. By this work it was seeking to ascertain the essence of the relations of public procurement, analysing the characteristic features of legal relations in the public procurement. And in such a way to ascertain criterions based on which the administrative and civil relations are delimitating. And also to identify legal problems of such delimitation and to present the possible ways or suggestions.