PROTECTION OF RIGHTS IN PUBLIC PROCUREMENT PROCEDURE

Сажетак

Protection of rights in all stage of public procurement procedure is realized in a separate (administrative) procedure, – which is initiated with a special legal remedy — request for protection of rights. In the first instance the customer decides (state organ, organization, institution or other legal entity stipulated by the Law on Public Procurement (i. e. public enterprise). Deadline for making the first instance decision is determined, and if the term is exceeded, an assumption of “administration’s silence” is prescribed and it is considered that the request has been denied.

Republic Commission for the Protection of Rights in Public Procurement Procedure acts as the second instance, as separate administrative organ, with the status of legal entity. The Commission should decide and expedite its decision in 15 days and in case that the deadline is exceeded, an assumption of “administration’s silence” is prescribed, since an administrative dispute can be initiated if the Commission fails to make and deliver the decision within the limits specified in the law.

The decision of the Commission is not final, it can not be subjected to an appeal, but it can be challenged in court through special administrative dispute procedure.

Making decision upon the request on the annulment of public procurement contract falls within judicial jurisdiction and making decision upon the request for the protection of rights that for the annulment of public procurement procedure, falls within the competence of the Republic Commission for the Protection of Rights in Public Procurement Procedure.