THE PRINCIPLE OF FREEDOM OF CONTRACT IN PUBLIC PROCUREMENT: CONTENT AND LIMITATIONS

Abstract

This article analyzes the application, content, and grounds for restriction of the principle of freedom of contract in public procurement relations from a civil law perspective. The relevance of the study stems from the fact that public procurement legislation significantly restricts the will of the parties through predetermined procedures and standard terms, giving rise to a tension with the principle of freedom of contract – a foundational doctrine of civil law. The objective of the research is to determine the legal nature and limits of these restrictions, as well as to substantiate mechanisms for balancing the interests of the weaker party (the supplier). The study utilizes comparative-legal, systemic-structural, and formal-legal methods of analysis, examining European Union frameworks, select foreign practices, and relevant doctrinal literature. As a result, the paper substantiates that public procurement contracts possess characteristics inherent to adhesion contracts (contracts of adhesion), with freedom of contract being primarily restricted regarding the selection of counterparties and the formulation of contract terms; however, such restrictions must strictly adhere to criteria of proportionality and fairness. Finally, proposals are formulated to strengthen legal protection mechanisms for suppliers within the legislation of the Republic of Uzbekistan.