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Government as a Subject of International Procurement System: Legal Aspects

Student: Khukeyan Edvard

Supervisor: Dmitry Mikhailovich Maksimov

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Year of Graduation: 2016

Relevance of the research topic. Experience to date shows that the main role in the economy plays the state. The state acts in international private law relations, not only as a source of binding or regulatory requirements of individual character, but also as a regular member - on a par with other participants of civil turnover - individuals and legal entities. This effectively puts the State in a privileged position compared to the other participants of civil turnover. The aim of this master's thesis is to analyze the institution of the state as a subject of international procurement. As part of achieving this goal seems necessary to solve the following tasks: - To analyze the State's legal status as a party in civil law relations; - To investigate the degree of influence on the jurisdictional immunity of civil law relations complicated by a foreign element; - Examine the main international legal sources, an important international benchmark in the field of public procurement (UNCITRAL Model Law "On public procurement", 2011; Agreement on Government Procurement / WTO GPA, 1994); - Analyze the main EU directives, regulating the sphere of public procurement; - Consider procurement experience from public funds the so-called international financial institutions; - Affect the application of national treatment in public procurement (for example, countries such as the analysis of legislation Mexico, Brazil, China and the Russian Federation); - Consider the procedure for settling disputes and applicable law in government contracts. This work is structured on the basis of the deductive method of research that explains the logical location of the analysis elements from the general to the particular.

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