Special legal regime of defense procurement: foreign experience and prospects for modernization of domestic legislation

It is indicated that in the conditions of Russian aggression against Ukraine, the key issue of national security has become the effective functioning of the defense procurement system. The prompt and uninterrupted supply of necessary products, works and services for the security and defense sector is critically important during active hostilities. Therefore, the quality of legal regulation of defense procurement directly affects the state’s ability to resist external threats and maintain an adequate level of defense capability. The article is devoted to a comprehensive study of special legal regimes of defense procurement in various legal systems, which are characterized by a high level of development of the regulatory framework in this area. The work carries out a comparative legal analysis of the legislative models of NATO and European Union member states, which apply special procurement regimes aimed at balancing national security interests, economic efficiency and market mechanisms of competition. The authors justify the necessity to improve domestic legislation taking into account modern challenges and the threats associated with ensuring the state’s defense capability in conditions of armed conflict. In particular, the attention is focused on the problems of law enforcement of the Law of Ukraine «On Defense Procurement» in terms of ensuring transparency of procedures, increasing the efficiency of spending budget funds and introducing competitive mechanisms. The study analyzed key concepts of the special legal regime of defense procurement, including state secrets, national priority in the production of defense products, offset agreement instruments, and anti-corruption measures in the defense sector. The best international practices that can be implemented in the legal system of Ukraine are highlighted in order to increase the efficiency of defense procurement and create favorable conditions for the development of the national defense-industrial complex. Based on the analysis, the article formulates specific scientifically based recommendations for the modernization of legislative mechanisms in the field of defense procurement, which will contribute to increasing their adaptability to modern challenges, strengthening the defense capability of the state and Ukraine’s integration into the European and Euro-Atlantic security space.