LEGAL REGULATION OF THE NATIONAL REGIME IN EAEU PUBLIC PROCUREMENT UNDER CONDITIONS OF CROSS-BORDER COMPETITION: PROSPECTS FOR KAZAKHSTAN

Abstract

The article examines the legal regulation of the national regime in the public procurement system of the Eurasian Economic Union states in the context of the transformation of the external economic environment. The subject of the study is the norms of integration and national law, which determine the procedure for the admission of business entities to participate in procurement for public needs. The purpose of the work is to identify patterns of changes in the content of the national regime, as well as to identify the risks and prospects of its application for the Republic of Kazakhstan. The methodological basis of the research consists of formal legal, comparative legal and systematic methods, which made it possible to analyze the legal framework of the Union, national procurement regulatory mechanisms and compare them with foreign models. As a result, it has been established that the national regime in the current conditions is losing the characteristics of a universal and unconditional principle, transforming into a flexible instrument for balancing integration obligations and economic security of states. The practical significance of the results lies in the possibility of their use in improving national legislation on public procurement, the formation of law enforcement practice and the development of coordinated approaches within the framework of integration bodies. It is concluded that there is a need for regulatory clarification of the criteria for the admissibility of restrictions on the national regime and increased control in the Union's procurement system.

Keywords: EAEU, cross-border competition, national treatment, public procurement, integration law.