Public procurement legal relations: distinction from other similar legal relations

Abstract

Public procurement is a complex system of different political, economical, legal and other social factors, which are working together to fulfil the requirements of transparency and non-discrimination as well as guarantee fair competition in the process of governmental purchases. This social phenomenon is in detail regulated by legal norms of different fields of law and can be named cross-sectoral. Public procurement as an activity joins public and private sectors into business relation, which arises in a specific way bringing together public and private law requirements. Moreover, there exists a lot of similar legal relations, such as public tender, concession, public and private partnership, project financing etc. and sometimes it is difficult to separate it from public procurement. The specifics of public procurement legal relation as well as main differences are revealed.