Environmental Policy of the State in the Public Procurement Sphere: EU Approaches and Legislation of Ukraine

Abstract

The article highlights the theoretical and legal principles of the environmental policy of Ukraine in the field of public procurement in the context of European integration. In the focus of the study are the EU environmental standards and their enshrinement in national legislation. The author states that the introduction of environmental norms by Law No114-IX is the result of consistent approximation of the Ukrainian legislation to the EU acquis in the field of procurement in accordance with the Association Agreement. The author argues that strengthening of the environmental component in the national procurement legislation characterizes the current policy of Ukraine, focused on EU standards in the field of procurement in terms of Directive 2014/24/EU. But some environmental legislative regulations, provided for in the Directive 2014/24/EU, have not yet been properly incorporated in the national legalnormative documents on procurement. The author suggests his own definition of the concept of modern environmental policy of Ukraine in the public procurement sphere. Substantiation of the concept is based on the in-depth analysis of the legislative regulation novelties concerning ecological aspects of the procurement and findings of the researchers on the environmental issues. Modern environmental policy of Ukraine in the field of public procurement is a comprehensive system of actions, measures and activities of the state with the participation of society, aimed at achieving sustainable development goals by rationalizing direct and indirect human impact and results of its activities on the environment, reducing environmental pollution, achieving harmonious interaction of society and nature, protection and improvement of the environment, balanced using of natural resources, ensuring environmental safety (including safety of life and human health) maintaining ecological balance, stimulating the development of eco-oriented technologies, etc. at all stages of procurement of goods, works and services (from procurement planning to the conclusion and implementation of the procurement contract) to meet the needs of the state, local communities and united territorial communities.