EVALUATION OF PUBLIC PROCUREMENT TRANSACTIONS AS A SPECIAL TYPE OF CONTRACT

Abstract

In this article, the legal nature of the public procurement contract is analyzed from the point of view of civil law theory. Contracts concluded in public procurement, although they have the general contractual characteristics provided for by the Civil Code, in essence, represent a type of contract with a special procedure, combining elements of civil and administrative law. The article highlights the specific features of these agreements, their differences from other agreements, restrictions serving state interests, their role in preventing corruption and developing competition, and the special manifestation of the principle of freedom of contract formation. Also, based on the Law of the Republic of Uzbekistan “On Public Procurement,” the Civil Code, the directives of the European Union, the UNCITRAL Model Law, and the recommendations of the OECD, the specifics of the contract institution were analyzed from the point of view of theoretical and practical approaches. As a result of the study, it was established that although the public procurement contract has a civil law character, it differs in a number of aspects, such as the subjects of the contract, the form of its conclusion, and liability measures for non-performance of obligations. In conclusion, it is proposed to assess the public procurement contract as a separate type of contract, distinguished by a special procedure, regime, and responsibility.