Role of “entrepreneurs” in implementation of international regulation

Abstract

Purpose. The purpose of the study is to show the decisive role of a new group of dynamic actors (social, economic and political “entrepreneurs” according to R. Koppl, S. Kauffman, T. Felin, and G. Longo) in implementation of international treaty obligations in the developing country and describe the algorithm of this process. The study also examines the necessary conditions for the successful implementation of international obligations, in particular, approximation of national legislation with EU legislation.

Methods. Qualitative method is used to explore the role of “entrepreneurs” in implementation of international treaty obligations and examine theories of transplant effect and spontaneous legal order in adaptation of international regulation by the developing country. Such scholarly approach as case study is used for exploration of the role of “entrepreneurs” in creation of the “ProZorro” platforms and fulfillment of international obligations in the sphere of public procurement (according to the Association Agreement between Ukraine and the EU). Non-empirical scholarly approach helped to analyze the particularities of the Association Agreement in terms of standards for public procurement and evolution of relevant Ukrainian legislation.

Results. Successful implementation of international treaty is impossible without taking into account the following conditions. First, institutional capacity is crucial for implementation of treaty obligations. However, when the capacity is low, it can be built due to creative initiative and professional ability of dynamic actors from business, civil society, international organizations. Second, familiarities of legal systems are also very important. However, the case of public procurement demonstrated that effective transplantation was ensured by “entrepreneurs” through their freedom to chose appropriate version of “legal transplant”. Third, demand for implementation of the obligations in the area of public procurement was created by “entrepreneurs”, who passed the way from the initiative group of volunteer to the public procurement officials. Four, international assistance, both expert and financial, attracted by entrepreneurs was extremely important for elaboration of the legal basis for implementation of the EU regulation.

Conclusions. There in no clear algorithm for implementation of regulation. The case of public procurement was characterized by the spontaneity of interactions that were difficult to predict. However, emergence of a new group of dynamic actors in the public administration was decisive for success of the reform. Therefore, to enhance the implementation of regulation of other sectors of the Association Agreement, it is important to create an opportunity for initiative “entrepreneurs” and their cooperation with business, public officials, NGOs, international experts and other stakeholders.