International and national legal aspects of standardization in public procurement
Journal: RUDN Journal of Law (Vol.29, No. 3)Publication Date: 2025-10-02
Authors : Vitaly Bayrashev;
Page : 769-786
Keywords : national standard; international standard; WTO; EEU; MERCOSUR; USMCA; technical specification; company standard;
Abstract
The article is devoted to the development of approaches to the legal regulation of standardization in public procurement at both international and national levels. A primary challenge in applying standards in procurement lies in reconciling the requirements established by legal acts of varying authority, as well as addressing questions related to legal force of individual sources. In this context, the author examines key trends in the national implementation of international obligations in the field of standardization, including those arising from the documents of the World Trade Organization (WTO), the European Union (EU), and the Eurasian Economic Union (EAEU). The article analyzes in the interaction between interstate and national standardization systems. Particular emphasis is placed on the Russian Federation, where public procurement procedures mandate the use of national standards, despite the voluntary nature of standardization documents enshrined in the EAEU Treaty and standardization legislation. The study also revealed that at the international legal level, priority is given to international and interstate standards to reduce trade barriers. Conversely, national regulation exhibits multidirectional trends, notably the active protection of the domestic market through standardization tools. The article explores legal mechanisms for overcoming technical barriers in standardization, including the prohibition of newly imposed restrictions, mutual recognition of standards and conformity assessment results relative to technical regulations, and coordination of new standards being introduced. Along with state standards, the possibilities of applying private (non-state) standards in public procurement are considered, partially to expand opportunities for purchasing innovative products. The subject of the study is the legal regulation of standardization in public procurement across international and national frameworks. The purpose is to identify patterns and propose ways to improve this legal regulation. The research amploys various methods, including formal logical and comparative legal methods, as well as analysis, synthesis, and legal interpretation.
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Last modified: 2025-10-02 05:24:43