Относно правната природа на решението по чл. 22 от Закона за обществените поръчки и реда за неговото обжалване
On the Legal Nature of the Decision according to Art. 22 of Public Procurement Act and the Procedure of Its Appeal

Summary/Abstract: This article aims to answer the questions about the legal nature and the procedure of the appeal of the decision, issued by the entrustee of public procurement according to Article 22, paragraph 2 of the Public Procurement Act. These questions are interrelated and are of practical use for the better implementation of the law. To some extent the solution to these problems is complicated because the scope and system of appeal of the acts, issued in application of the law is unprecisely formulated in Article 56 of the Public Procurement Act. A number of arguments are given to prove that the decision according to Article 22 is an individual administrative act in the sense of Article 2 of the Administrative Procedure Act. That is why this decision is a subject to an appeal, inde- pendent from the appeal of the decision, issued according to Article 45, paragraph 1 of the Public Procurement Act. This control should be based on the common clause, given in the Administrative Procedure Act, as far there are no limitations for that. There are some characteristics about the terms and the legal interest in challenging this individual administrative act, which are also mentioned. Attention is paid to some different opinions about the problems, treated by the present article.

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