Abstract

In the light of the study as to advisability of formulating the concept of deontologizing professional practice in the area of public procurement it should be stressed that it must not be treated as a legislative move which will allow to more precisely specify contract award rules laid down in the statute (Art. 7 and ff. of the Public Procurement Act). Such a legislative move is not allowed without clear statutory disposition and is against the rule of the hierarchical structure of the law sources system. The key obstacle to the implementation of that concept is the absence of substantive conditions to be used for creating ethical standards. People involved in the public procurement process are not members of a closed-end professional corporation capable of formulating the rules of conduct which determine the appropriateness of professional practice, as it happens in the case of professional corporations of public trust professions. Therefore, the notion of ‘profession’, and in consequence also of ‘professional deontology’, can hardly be used in this case. That is why any regulations concerning the rules of conduct in public procurement should be in the form of universally applicable standards. Therefore, ethical standard in public procurement should be placed within the context of the general legal order.