LEGAL REGULATION OF ELECTRONIC TENDERS IN THE REPUBLIC OF UZBEKISTAN: THEORETICAL FOUNDATIONS AND INTERNATIONAL BEST PRACTICES
Ключевые слова:
electronic tenders; public procurement; e-procurement; Uzbekistan; international best practices; South Korea; European Union; transparency; digital platforms; legislation.Аннотация
Electronic tenders (e-tenders) have become a cornerstone of public procurement reform in Uzbekistan, serving as tools to enhance transparency, efficiency, and economic policy goals. This article examines the legal regulation of e-tenders in the Republic of Uzbekistan, combining a theoretical analysis of the concept and principles of electronic tendering with a comparative assessment of international best practices from jurisdictions such as South Korea, the European Union, and the United States. It traces the evolution of Uzbekistan’s procurement legislation – notably the 2018 and 2021 public procurement laws – and how these reforms have progressively aligned national practice with global standards. The findings highlight significant progress in digitising tender procedures and embedding principles like competition, openness, and sustainability into law.
Библиографические ссылки
UNCITRAL Model Law on Public Procurement (2011) – United Nations Commission on International Trade Law, providing a template for modern public procurement legislation, including provisions on electronic procurement.
Law of the Republic of Uzbekistan “On Public Procurement” (2018) – Law No. ZRU–472 dated 9 April 2018, the first procurement law establishing legal foundations for tenders in Uzbekistan.
Law of the Republic of Uzbekistan “On Public Procurement” (2021) – Law No. ZRU–684 dated 22 April 2021, effective July 2021, which replaced the 2018 law and introduced expanded principles (competition, transparency, sustainability, etc.) and mandated fully electronic procedures.
Directive 2014/24/EU on Public Procurement – European Union directive of 26 February 2014, which modernised EU procurement rules, emphasising full e-procurement, life-cycle costing, transparency and SME access.
KONEPS (Korea Online E-Procurement System) – PPS, Republic of Korea. An integrated national e-procurement platform launched in 2002. Noted for processing the entire procurement cycle electronically and yielding annual transaction cost savings of about USD 8 billion (USD 6.6 billion for businesses, 1.4 billion for government) while reducing bid processing time from 30 hours to under 2 hours.
U.S. Federal Acquisition Regulation (FAR) and Procurement Data Portals – The FAR (48 CFR) establishes the legal framework for U.S. federal procurement, mandating transparency and competition. The SAM.gov portal advertises tens of thousands of federal contract opportunities daily, and USAspending.gov publishes detailed data on awarded contracts, embodying an “open data” approach adopted by Uzbekistan’s procurement portal.
Presidential Decree No. PP–4544 (5 Dec 2019, Uzbekistan) – “On measures to further improve the public procurement system…”, introduced a roadmap for transitioning all tenders to electronic format and required key state enterprises to use e-tender platforms from 2020.
Presidential Decree No. PP–4812 (21 Aug 2020, Uzbekistan) – “On additional measures to support domestic manufacturers”, mandated the use of the electronic cooperation portal for corporate and public buyers to prioritise local goods, integrating industrial policy with e-procurement.
Ministry of Finance of Uzbekistan (Procurement Statistics, 2024) – Data indicating growth of e-tender usage and savings: 1.8 million contracts in 2024 (up from 0.5 million in 2019) with UZS 13.9 trillion saved, demonstrating the impact of digital procurement on efficiency.
World Bank and ADB E-Procurement Guidelines – International financial institutions’ guidelines and assessments (e.g. E-Procurement Readiness Assessment, e-GP Guidelines) used in planning Uzbekistan’s e-procurement reforms, contributing to aligning national legislation with global best practices.
