ANNA HAKOBYAN

Candidate of legal sciences, Lecturer at the Institute of Law and

International Relations of Yerevan «Haybusak» University,

Assistant to Judge in the Civil Court of Appeal of the RA

DOI: https://doi.org/10.59546/18290744‑2026.1‑3‑73

Annotation.

The scientific research is dedicated to public procurement. The article first of all reveals the relevance of the topic, after which the principles underlying the procurement process and the ultimate goal pursued by that process are presented. The possible abuses that may occur in procurement processes are described. Separate attention is paid to the delegated powers of the state and the proportionality of liability measures, that are being applied. Within the framework of the above, the peculiarities of the episodes related to the inclusion of a participant and an interconnected person in the list of participants not entitled to participate in the procurement process are discussed in more detail. Furthermore, the essence of the means of ensuring is explained separately in the article, and an analysis is made of their proper application. The proportionality of the collection of damages incurred by the state and the penalties assessed in favor of the latter is discussed in the presence of means of ensuring received from the participant. As a result, the conclusion is substantiated that the damages incurred by the state and the penalties assessed should be compensated by the means of ensuring provided by the participant, after which the remaining means should be returned to the party who provided them. It is also proposed in the article to introduce a norm into the sphere of procurement in domestic legislation establishing the jurisdiction of the court to make a “private decision”, according to which the court will acquire the right to refer the case to the competent state body for investigation when registering possible abuses.

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