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On Amendments To The Law Of Ukraine "on Procurement Of Goods, Works And Services For Public Funds" And Other Legislative Acts Of Ukraine

Original Language Title: Про внесення змін до Закону України "Про закупівлю товарів, робіт і послуг за державні кошти" та інших законодавчих актів України

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C A C U A TO R S
On Amendments to the Law of Ukraine " On
the procurement of goods, works and services abroad
funds " and other legislative acts of Ukraine
(Information of the Verkhovna Rada of Ukraine (VR), 2006, N 14, pp. 118)
{With changes under the Act
N 1197-VII ( 1197-18 ) from 10.04.2014, VR, 2014, N 24, pp. 883}

Verkhovna Rada of Ukraine Oh, I am. :
I. Amend the following legislative acts of Ukraine:
1. In the Law of Ukraine " On Procurement of Goods, Works and Services for
Public funds " ( 1490-14 ) (Information of the Verkhovna Rada of Ukraine,
2000, N 20, pp. 148; 2003, N 14, st. 98; 2004, N 5,
Oh, 27, N 8, st. 67, N 13, st. 181; 2005, N 4, pp. 103, N 5,
Oh, 110, N 11, pp. 110. 198, N 31. 420):
(1) The paragraph of the second preamble to the editor was:
" The purpose of this Act is to create a competitive environment in
areas of public procurement, as well as preventing corruption from
The area, ensuring the transparency of procurement procedures,
jobs and services for government funds and the achievements of the optimal and
rational their use ";
(2) In Article 1:
paragraph the third complement the words "state, execution, communal services"
enterprises and economic societies, in which state
The shares exceed 50 per cent ";
a paragraph of the fifth after the words " which caused the loss
"complementing the words" in the words of humanitarian assistance in monetary
form, funds of public, executed, communal enterprises and the
The Government of the States, in which the state share is greater than
50% ";
Paragraph 8:
" work design, construction of new, expansion,
reconstruction, capital repairs and restoration of facilities and structures
production and non-production purpose, technical reequipment
acting enterprises, as well as the accompanying robots of services, in
including geodesic robots, drilling, seismic studies, aero-and
satellite photo and other services that are included in the
the estimated cost of work if the cost of performing these services is not
Above the cost of the work themselves,
in the tenth word paragraph "in the order set specifically"
the central authority of the executive branch on matters of
the coordination of purchases of goods, works and services " to exclude;
in the paragraph of the fourteenth word " the proposal recognized by
best result of evaluation results-the customer ' s acceptance of tender
proposal "replace" with "proposal" by the customer
The tender offer recognized by the best results
";
in paragraph fifteen of the word "supplier", replace the word "
"participant";
3) in Article 2:
a part of the second teaching in such an editorial:
" 2. Conditions for procurement of goods, works and
services at the expense of public funds may be established or
Change solely by this Act.
Changes to this Act are no longer than three months later.
before the start of the new budget year ";
in part three:
The fifth and sixth sections in this edition are:
" goods, robots and services, procurement of which are carried out
Customers located outside Ukraine;
Telecommunication services, including broadcast
radio and TV signals (except for mobile services and
Internet services) ";
Complement the paragraph of the tenth such content:
" Shopping for goods, works or services that are in touch with their
The special purpose is the state secret ";
in a part of the fourth word " other than the cases defined by this
Article " To exclude;
Part of the fifth to exclude;
(4) Article 2-1 will complement the paragraphs of such content:
" Prevention of corruption;
promote the protection of the interests of the domestic producer, in particular
Agricultural products manufacturer, organization and
Procurement;
free access, openness and availability of information from
Questions of procurement, including for citizens of Ukraine and
Public organizations ";
(5) Part of the second article 2-2 to be taught in such an editorial:
" 2. A copy of the annual plan approved by the customer
not later than the lunar line after approval by kottooris
(programs, plan to use public funds), changes to it
are sent to the authorized body in cases and in the order of
as defined by this authority, and promulgated by placing
at least one information system on the Internet during
15 calendar days from the date of its approval ";
6) Article 3 will replace the section I-1 of this content:
" Section I-1
STATE OVERSIGHT SYSTEM, CONTROL
AND COORDINATION IN PROCUREMENT
Article 3. State care, control and coordination in the field
Procurement
State care, control and coordination in procurement
Carried out by the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine,
Specially authorized by the central authority of the executive branch
the coordination of purchases of goods, works and services,
Chamber, State of the Audit Service of Ukraine,
State Treasury of Ukraine, Ministry of Agrarian Policy
Ukraine specially authorized by the central executive body
authorities in the field of statistics according to the Law of Ukraine " On
"State statistics". 2614-12 ), law enforcement within the
the competence defined by the Constitution of Ukraine ( 254k/96-PL ),
The laws of Ukraine and the Law.
The Chamber of Accounts provides oversight, control and coordination.
the sphere of procurement within the competence defined by the Constitution
Ukraine ( 254k/96-PL ), By Law Of Ukraine "About The Accounts Chamber"
( 315 /96-PL ), by this Act and other laws of Ukraine.
Article 3-1. Specially authorized central body
Executive Office for the Coordination of Procurement
goods, works and services
1. To implement the main purpose of the Act of Creation
A competitive environment in the scope of the procurement function specifically
the authorized central authority of the executive branch
coordination of purchases of goods, works and services (further-
The authorized body) is carried out by the Anti-Monopoly Committee
Ukraine.
2. The main functions of the authorized body are:
The pursuit of another than open torches, procurement procedures in
in the order stipulated by this Act, and according to
Requirements of Article 3-3 of this Act;
preparation and presentation of the Cabinet of Ministers of Ukraine,
The Accounts Chamber of the Half-year Reports on Committing Customers
Shopping;
Presentation with the Account Chamber before the Verkhovna Rada of Ukraine
Annual report on procurement by customers;
Monitoring of procurement legislation;
Conduct of compliance checks by state agencies
the funds of the procurement legislation in accordance with the
Law;
Presentation of materials to law enforcement in cases,
Under this Act;
Cooperation with the State authorities to prevent
To allow corruption in the area of procurement;
international cooperation in procurement and support
the participation of domestic goods producers in the trading on procurement for
Outside Ukraine;
Presentation of the Cabinet of Ministers of Ukraine proposals on the definition of
Customer-general;
Implementation of the Regulation on the Protection of the
economic competition in procurement, particularly in the case of
the distortion of the results of the trades (tenders), within the competence,
Defined by the current legislation of Ukraine;
government support and protection of domestic
manufacturer, including agricultural commodity manufacturer,
Procurement;
Public support and protection of enterprises
public organizations with disabilities, businesses where the number of
The disabled people, who have the main job location, are at least
50 per cent of the average workforce
Accounts for the year, and of the enterprises of the
Procurement system;
preparation and presentation of the Cabinet of Ministers of Ukraine
Quarterly reports on the implementation of goods purchases by customers,
work and services of its own production of public enterprises
organizations with disabilities, businesses where the number of disabled people who
have the main job there, is at least 50 percent
From the average accounting staff
This is a year, and a civil and criminal justice system.
3. The authorized body shall be:
requiring the customer to report on the results of the implementation
the procurement procedures according to this Act and implementation
Procurement treaties;
require disorderly state funds to report volumes
purchasing goods, works and services of its own production
enterprises of public organizations with disabilities, businesses where
the number of disabled people who have the main job there is
not less than 50 percent of the average total
Accounts for the year, and businesses
The criminal and the executive system;
set the granting lines of information by the customer
purchasing what is planned, concluded about the procurement and their
Execution
in case of detection of disturbances in procurement procedures
In accordance with the Act;
Provide an organization of control for interrogation
Legislation on procurement;
Fold the protocols for administrative offences behind
breaking legislation on the exercise of purchases of goods, works and
Services for public funds;
Define its solution:
form or sample declaration of procurement procedures
And invited to participate in them;
additional information that is noted in the announcement and
Invitation;
a form of the report on the results of the procurement procedure and
Additional requirements;
Form of protocol for the disclosure of tenders;
The form of the annual procurement plan for public funds;
The form of registry of the received tenders;
order of checks (revision) for compliance
Government funds for the requirements of legislation in the field
Procurement and interaction with law enforcement.
4. Overseeing the activities of the authorized body
Verkhovna Rada of Ukraine and other state authorities in accordance with
Constitution of Ukraine 254k/96-PL ) and the laws of Ukraine.
Article 3-2. Other organs undertaken by the state review and
Procurement in procurement
1. States of state authority other than the authorized body which
carry out state care and control within its competence
In the area of procurement, there is a State Control Service
Ukraine, State Treasury of Ukraine, Ministry of Agrarian
policies of Ukraine, specially authorized by the central body
of the Executive Office in the field of statistics under the Law of Ukraine
"On State Statistics" 2614-12 ), as well as law enforcement
Organs.
2. Bodies of State Monitoring and Control
The procurement within the competence defined by the Constitution of Ukraine
( 254k/96-PL ), the laws of Ukraine and this Act shall be exercised
functions:
State Control and Audit Service:
Conduct compliance checks on public order
the funds of the procurement legislation in accordance with the
Law and other laws of Ukraine;
Exercise of cooperation with the State authorities on the
Prevention of corruption in the area of procurement;
Supervise the implementation of the legislation on the
Shopping;
Accounts for administrative offences
breaking legislation on the exercise of purchases of goods, works and
Services for public funds;
delivers materials to law enforcement in cases where
As predicted by the laws of Ukraine;
perform other functions provided by the laws of Ukraine.
State Treasury of Ukraine:
checks the presence of a signed treaty, the implementation report
Procurement and other prescribed documents;
checks the grounds for payment, namely the presence of
and compliance with the legislation in the sphere of procurement of the annual plan
procurement and documents confirming the conduct of procedures
the procurement, as well as the correctness of the design of the calculated
Documents;
participates in the economic rationale of individual articles
The expenditures of the State Budget of Ukraine;
Supervise the implementation of the legislation on the
Shopping;
delivers materials to law enforcement in cases where
As predicted by the laws of Ukraine;
Take steps to avoid making payments from the account
The customer in case of cancellation of the procurement procedure in the process and after
Complaint regarding violations by the customer
Procurement procedures;
perform other functions provided by the laws of Ukraine.
Specially authorized by the central executive body in the
statistics in accordance with the Law of Ukraine " On State
statistics " ( 2614-12 ):
Conduct a procurement account by collecting information about
Planned procurement and purchase of the event;
Approves the form of statistical reporting in procurement;
perform other functions provided by the laws of Ukraine.
Ministry of Agrarian Policy of Ukraine within the competence
by the current legislation of Ukraine, interacts with
an authorized body, other government authorities,
by customers with the purpose of coordinating their activities regarding support and
Protection of domestic agricultural products.
Law enforcement agencies carry out state care and control.
in the area of procurement within its competence defined by the laws
Ukraine.
3. According to the laws of Ukraine and this Act
Authorized body, State Control and Audit Service of Ukraine,
State Treasury of Ukraine, Ministry of Agrarian Policy
Ukraine, specially authorized by the central executive body
authorities in the field of statistics according to the Law of Ukraine " On
"State statistics". 2614-12 ) report on their activities regarding
Exercise of State surveillance, control and coordination in the field
Procurement before the Verkhovna Rada of Ukraine and the Cabinet of Ministers
Ukraine, take appropriate action, including
relevant checks within their competence in the event of a receipt
(request) from the People's Deputies of Ukraine, committees
Verkhovna Rada of Ukraine
Ukraine.
Article 3-3. Special Control Commission on Public Affairs
Procurement under the Accounts Chamber
1. To ensure transparency and openness to public
The procurement of the Accounts Chamber acts as a Special Control Commission
On Public Procurement (further under the Commission).
The Commission is composed of one representative from
The Accounts Chamber, the State Control Service of Ukraine,
State Treasury of Ukraine, three nominees for proposal
Committee of the Verkhovna Rada of Ukraine, to the subject of the
Report of the President of the United States of America
Ukraine, State Treasury of Ukraine, State University
Logistics Service, and three representatives from Tender
(...)
According to the agreement with the Committee of the Verkhovna Rada of Ukraine,
to the subject of which legislation is owned
The Chamber of Accounts of Ukraine, State Treasury of Ukraine,
State of the Security Council, the Commission's decision
may enter the members of the public
organizations, scientists, etc.
2. The Commission:
provides the conclusions of the authorized body and at the same time
concerning the possibility of applying procurement procedures with limited participation
and one participant in accordance with Article 14 of this Act.
Application of procurement procedures with limited participation and
one participant in accordance with Articles 3, 14, 33 of this Act
An authorized body can only be authorized
The relevant positive conclusion of the Commission;
Makes a complaint about the customer's violations
procedures for procurement or decision-making, actions or inactivity
accepts relevant decisions regarding them in cases and in order,
Under this Act;
Provide analysis of procurement problems and results
According to the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine,
Authorized body;
provides independent conclusions about the work of the authorized body and
sends them to the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine
And in case of need-to law enforcement;
provides a proposal to authorize an authority to ensure
Nutritional control in procurement;
define legal and organizational methods to prevent
Corruption, detection and termination of its manifestations in the sphere of procurement;
contribute to creating conditions for the development of transparency in the sphere
Shopping;
contributes to the improvement of the system of public
Information on procurement;
contributes to the introduction of modern mechanisms and methods of formation
A transparent market for procurement of agricultural products;
contribute to the establishment of legal, economic, social conditions for
implementation and protection of rights and the satisfaction of enterprises
public organizations with disabilities, businesses where the number of
The disabled people, who have the main job location, are at least
50 per cent of the average workforce
Accounts for the year, and of the enterprises of the
systems.
3. The Head of the Commission is the representative of the Accounts Chamber.
Each member of the Commission has one vote.
4. The Commission approves the provisions on the Special Control
Public procurement commission.
5. The activities of the Commission are transparent to society. Commission
Informs about the activities of the Verkhovna Rada of Ukraine, the Cabinet
Ministers of Ukraine, Media, etc.
6. The Meeting of the Commission is considered legal if available
is present more than half of the Commission members. Decision Commission
is considered to be accepted if more than
Half of the members present at the Commission meeting. On Equal
distributed by the votes of the votes of the Chairman of the Commission is crucial.
7. Decision of the Commission adopted within its competence,
in accordance with the requirements of this Act, are mandatory for execution
customers, the participants, other government authorities, which
The situation in the field The Commission ' s decision can be appealed to
Judicial order in accordance with the legislation of Ukraine ";
7) after section I-1 complement the Law Title I-2
such content:
" Section I-2
MANDATORY PRECONDITIONS FOR PROCUREMENT ";
(8) In Article 4-1:
in part one:
in the paragraph of the first word "customer is required" to replace
" To prevent corruption and formation
of an effective competitive environment in procurement by customer
Obligation ";
after the paragraph of the fourth supplement to two new paragraphs
such content:
" tender offer and results reporting
The torture;
"Request for the price of proposals" (PDF).
In this regard, the fifth is the eighth to be considered.
Paragraphs in the seventh to tenth;
in paragraph 10, the word "technical" should be replaced by the word "technical"
"own";
in part 5 of the word "supplier (participant)" to replace
The word "participant";
the first sentence of a part of the seventh set in this edition:
" The authorized body exercises control of the board.
information systems in the network
"Internet and promotes competition in this sphere";
The eighth part of the eighth session is as follows:
" 8. In order to ensure the implementation of parliamentary control
The customer is obliged to address the Verkhovna Rada of Ukraine,
Committee of the Verkhovna Rada of Ukraine, People's Deputies of Ukraine
provide full, credible information relating to the exercise
Procurement, and in case of a detection of valid legislation
in the area of procurement to take appropriate measures to eliminate them ";
(9) In Article 4-2:
in part one:
in the paragraph to the second word "technical", replace with "own";
paragraph 8 with the words " what is confirmed
Relevant security documents ";
Part of the second exception;
(10) In Article 6:
in the paragraph of the first part of the first word " The speaker provides
prefer to "replace words" with the goal of creating proper conditions for
The protection of the domestic market the customer prefers ";
in the paragraph of the first part of the second word "and" substitute
" in order to enhance social and legal protection for disabled people and
Strengthening their material and technical framework and enterprises ";
Add to parts 6 of the sixth of the following:
" 6. Public authorities and local governments
are required to contribute to improving the mechanism of stimulating
of the domestic manufacturer, ensuring compliance
Domestic manufacturers, including agricultural products
products which are predicted by the Act upon which the
by customers of procurement procedures.
7. State authorities and local governments
are required to provide domestic producers, including
Agricultural goods companies, enterprises of public
organizations with disabilities, enterprises where the number of disabled people who
have the main job there, is at least 50 percent
From the average accounting staff
for the year and the enterprises of the criminal and executive system
the necessary available, valid implementation information
A snack that will provide the opportunity for their competent choice.
8. Commissioners of body and other organs
Public view, control and coordination in procurement,
report before the Verkhovna Rada of Ukraine and the Cabinet of Ministers
Ukraine to perform and ensure the protection of domestic
Market ";
(11) Article 8:
part of the first teaching in such an editorial:
" 1. To create an optimal competitive environment
Media in procurement
an announcement of a planned purchase or conduct of the previous
The qualifications of participants are published in a specialized print
Popular media with the public sphere
distribution, which publishes information solely on state matters
shopping and has a name that refers directly to
areas of public procurement (further-specialized printed)
the media), and the information bulletin that releases
Shadow House of Ukraine, in information systems online
Internet.
In order to provide information and methodical support
public procurement according to the requirements of Article 17-3 of this Act
Shadow House of Ukraine on the basis of information received from
The relevant government authorities are free to publish
information about specialized printed media
information, international publications and information systems
Internet that meets the requirements of this Act, other information
on his own Internet site, which is free ";
in the paragraph of the first part of the second word " The Vision of the State
purchasing "or" replace with the words "specialized print"
The media and ", and the word" supplier " to replace
The word "participant";
paragraph of the first part of the third after the word "participants"
Complement the word "advanced", the word "and" replace "or", and
After the words "Internet", add to the words "English";
In part four:
in the paragraph of the first word "information and analytical bulletin"
The Herald of State Procurement is replaced by the words " specialized
print media ", and the words" have a right "
Replace with the words "required";
in the paragraph of the second word "information and analytical bulletin"
The Herald of State Procurement is replaced by the words " specialized
print media ";
12) in Article 12:
a part of the second after words "cannot enter officials"
Complement the word "and";
In part seven:
the words "in the order established by the authorized body"
exclude;
Complement the paragraph with another such content:
" Information on educational institutions that have a license to
organization of training and promotion of specialists
Procurement and procurement procedures,
published by the Ministry of Education and Science of Ukraine, including
on his official website ";
Part of the ninth to exclude;
13) in the paragraph of the sixth article 13 of the word "supplier"
(participant) "replace the word";
(14) in part of the second article 14:
in a paragraph of the first word "in the set order" replace
"in the order defined by this Act";
in a paragraph of the second word " provider needs to agree with
Authorized body in the order of order "replace"
words " the participant needs to agree with the authorized body in
the order defined by the Act ";
paragraph fourth after the word "carries" to supplement the word
"exclusively";
(15) Part of the first article 15 of the article is:
" 1. The customer may request the participants to provide
confirmed documentation
Qualification requirements. Such requirements may be:
the presence of a permit or a license to fail
(in cases stipulated by legislation);
the availability of equipment, as well as employees of the relevant
Qualifications which have the necessary knowledge and experience;
Payment of taxes and fees (mandatory payments),
In the case of the President,
the failure of the host participation in accordance with the
The provisions of their statutes;
lack of a decision on the recognition of a participant in the
the order of bankruptcy or violation of the case of
Bankruptcy ";
16) in Article 17:
in part one:
in the paragraph of the seventh word "The Vision of the State Procurement" or "
replace the words "specialized printed media"
information and ", and the word" supplier "to replace the word"
"participant";
Add the paragraph to the fifteenth such content:
" addresses of selected information systems by network
Internet and codes assigned by information systems on the network
Internet ";
a part of the second teaching in such an editorial:
" 2. In order to prevent the breach of the current legislation,
time of payment for the results of the proceedings
purchasing, the customer to report on the results of the procedure
The procurement necessarily adds:
copies of the planned purchase (invitation to
participation in the bidding procedure), the announcement of the results of the trades that
were published in a specialized printed media.
information that is printed by this printed vehicle, and in the information system
Bulletin of the Chamber of Commerce of Ukraine
The Chamber of Ukraine;
a copy of the document confirming the location of the documents,
of the Act 4-1 of this Act, taken by the information
system on the Internet.
During the payment of the treaties laid down by the State,
Executed, communal enterprises and economic
Societies in which the state share of shares exceeds 50 per cent,
banks check for the presence of the implementation report
procedures for procurement and other documents confirming
the execution of such enterprises and the host societies
the requirements of this Act.
Report on the results of the procurement procedure (except information that
contains a state secret) within 10 calendar days from date
its approval is published by the customer in the information
the system on the Internet ";
17) in Article 17-2:
In part four of the words "and the place of activity" to exclude;
(18) in Article 17-3:
In part two:
The fifth paragraph of the article reads as follows:
" provides conclusions on the review of complaints according to Article 37
This Act ";
Complement the paragraphs of the following content:
" the functions stipulated by Article 8 of this Act;
in order to support the domestic market
performing the requirements of this Act concerning the protection of the interests of the domestic
producers, including domestic agricultural
Commodity producers and enterprises of public organizations with disabilities,
enterprises, where the number of disabled people who have there is major
work, is at least 50 percent of the average
the number of staff of the staff of the accounts for the year,
Enterprises and procedures for the implementation of
Procurement ";
a part of the twelfth after the words "such an activity" complement
" including conclusions, other documents of the Shadow Chamber
Ukraine ", after the words" challenged "to supplement the word" exclusively ";
19) in Article 17-5:
In part one of the first words of the "Antimonopoly Committee of Ukraine"
exclude;
Part of the second and third exceptions;
The fifth part of the seventh to exclude;
(20) Paragraph of the third part of the third article 18 to exclude;
21) part of this article 18-1 will complement the paragraph by another such
content:
" The disclosure of participants ' qualification proposals takes place
on the day end of their submission in time and in the place specified
in information about the conduct of the previous qualification selection.
To participate in the procedure for disclosure of qualification proposals
The customer is allowed by all the participants who qualify
proposals, or their authorized representatives. During the disclosure
The customer's qualifications are checked for all
required documents provided by qualifying documentation
To prepare their preparation, the correctness of their design. Assigned
information, as well as naming and addresses of each participant
are declared. During the disclosure of the qualification proposals
consists of a protocol by the prescribed form of the form,
a copy of which is provided to all participants during the same working day
after receiving the participant in the appropriate query. This Information
report on the results of the procedure
Procurement ";
22) in article 19:
paragraph of the eleventh part of the first to complement the words " and codes,
Assigning information systems to the Internet ";
part three after the words "bidding" to supplement
words " in the information bulletin that publishes the Tender Chamber.
Ukraine ";
23) in article 23:
in part one word "has the right" to replace the word
"obligated";
in part of the second word "at the request of the customer" to exclude, the words
"not more than one percent" replace with "one percent", and
the words "no more than five percent" replace with the words " five
Percent ";
part of the fourth complement of the sentence of such content: " Attendees
procurement procedures-budget agencies and organizations can
submit the tender provision in any acceptable purpose and
a customer of form that does not contradict the current legislation ";
Add part to the seventh of the following:
" 7. Funds received as tendernet assent (in case of
they do not return to the participant), are subject to counting up to
Budget revenues of the relevant budget ";
24) in Article 25:
in part one word "has the right" to replace the word
"required" and complement the sentence of such content: " Attendees
procurement procedures-budget agencies and organizations can
to ensure that the contract is executed in any acceptable way
for them and the customer form not contradicting the current
Legislation ";
Add part to the third such content:
" 3. Funds received as a provision for the contract (s)
if they do not return to the participant), are subject to the enumeration
For the total budget revenues of the budget ";
25) in Article 26:
in part of the second word " during one working day after
the day of receipt from the participant of the appropriate request " to exclude;
the second sentence of the third complement of the words " during
one working day after a day of receipt from the participant
Request ";
In part seven:
Paragraph 6 to exclude;
Complement the paragraph with this content:
" Total line of execution of tender proposals and
The definition of a bidding winner should not exceed 15 workers
days after the day of disclosure of tenders ";
in part nine of the word "under article 15 of this Act"
Replace the words "established in the tender documentation";
26) in the paragraph of the sixth part of the first article of 27 words " if
His provision was provided in the tender documentation to " exclude;
(27) in Article 28:
part of the first after the paragraph of the fourth supplement two
paragraphs such as:
" if due to the deviation of tenders before the evaluation
admitted the tender offer of only one participant even abroad
The presence of an alternative tender offer;
"The Commission or the Court of Justice".
In this regard, the fifth paragraph should be considered to be the seventh paragraph;
The fourth part of the second article is as follows:
"other cases by customer's decision";
In part four of the words "suppliers (participants)"
Replace the word "attendees";
(28) in Article 29-1:
in part of the first word "bidding" to replace the words "procedures"
open and double-stage trading, trading with limited participation and
rethinking ", and the words" Weak State Shopping "or" replace "
" specialized printed media
And ";
in the paragraph of the fourth part of the second word " The Vision of the State
purchasing "or" replace with the words "specialized printed"
The media and ";
29) in part 2 of the second article 32 the word "or" to replace the word
"and";
30) in part 2 of Article 33:
Paragraph 2 (a) and (c)
A snack with the winner of the architectural or art competition ";
Sixth, seventh and eleventh exclude
the paragraph of the tenth after the word "social" complemented by the words
"legal, others";
(31) in Article 34:
part of the first complement of the words "under this Act";
In part two:
after the paragraph of the first addition to the new paragraph of the following content:
" The procurement contract action can continue on the lines,
Sufficient to conduct procurement procedures in the next
budget period, with no more than 15 percent of the value
the contract concluded in the previous budget period, which is not
exceeds the appropriate destination in the previous budget
"Period".
Due to this paragraph the second and the third are considered respectively
Third and fourth paragraphs;
Complement the paragraph of the fifth such content:
" In the case of a contract for procurement by the results of the
procedures for trading with reduced price (reductive) in the contract for
the consent of the parties may be a commodity or service volume,
that do n' t exceed the planned purchase price at a price
An concatenated tender offer. Under this change of conditions and requirements
The technical specification listed in the tender documentation is not
is allowed ";
in part three:
paragraph first after the word "invalid" complement the word
"(silent)";
paragraph of the third set in this edition:
" The treaty was concluded in the period of appeal under the articles
37 and 37-1 of this Act ";
The fifth paragraph of the article reads as follows:
" The treaty was concluded with the results of the procurement procedure,
in violation of the requirements of articles 4-1, 4-2, 8, 17, 18-1, 19,
26, 29, 29-1 of this Act ";
in the paragraph by the sixth word "supplier" to replace the word
"participant";
a part of the fifth after the words "break the treaty and" complement
"obligated";
(32) Part of the first article 36 is set out in such an editorial:
" 1. For the purpose of protecting violated, unrecognized or challenged
rights and freedoms in the sphere of procurement any participant or other
has the right to challenge the decision, action or inactivity of the customer
a customer or the Commission, or to the court according to this Act ";
(33) Article 37 is set out in such an editorial:
" Article 37. Challenging procurement procedures, decisions, actions, or
the inactivity of the customer or the Commission
1. The treasure is directed either by the customer or the Commission, as well as
Shadow House of Ukraine.
2. The return of the complaint by the customer or the Commission stops the procedure
The procurement is on line, which cannot exceed 20 working days.
3. In case of receipt of the complaint to the Commission
three working days from the day of her obsession informs the customer and
Tender Chamber of Ukraine.
4. Tender House of Ukraine for 10 working days from the moment
The receipt of the complaint provides a conclusion to the complaint.
Conclusion to the review of complaints within one working day
Its approval is sent to the Commission.
5. In terms of complaints by the customer or the Commission, with
concerning the conclusion of the Tender Chamber of Ukraine to review the complaints
(in the case of its receipt), it accepts a decision on full or partial
the satisfaction of the complaint, which has a consequence of the torture, the
A customer of certain actions, or accepts a decision on discontent
Hey, complain
In case the complaint has a complex or specialized
nature, the Commission has the right to attract independent qualified
(technical) experts and consultants in the relevant fields and
continue to stop the procurement of the procurement procedure before providing
Experts and consultants on the final conclusion on the basis of
before they ask questions.
6. Moderate for review of the complaints by the Commission and the order of
send each other, as well as a treasurer, the State Treasury
Ukraine and the Tender Chamber of Ukraine for three working days with
the day of his acceptance.
7. The decision of the Commission may be appealed to the court in order,
By law ";
34) after Article 37 complement the Law with a new article 37-1 such
content:
" Article 37-1. Challenging procurement procedures, decisions, actions, or
The customer's inactivity in the court order
Challenging procurement procedures, decisions, actions or inactivity
The customer in the trial order is carried out with respect to
features defined by the Act.
A plaintiff in a mandatory order sends the State
Treasury of Ukraine, authorized body, customer, and
Tender House of Ukraine a copy of the post-call statement during the
three working days after her submission to the court being added
a documentary proof of submission to the court, as well as the curtain
A copy of the investigation into the case.
In case a copy of the post-call statement was taken
court has not yet arrived, the plaintiff is required to send a borrowed copy
have been courting the court for 20 calendar days since the direction of the
copies of the conscripts.
Customer Since the Origin of a Copy of the Call Statement,
Stops the procurement procedure and has no right to negotiate a contract
about procurement other than cases of the same person ' s complaint with
The decision was made by the Commission in order,
of the article 37 of this Act.
State Treasury of Ukraine and its organs, from the moment
the return of a copy of the post-call statement, do not need to
Payment related to the procedure that is challenged, regardless of
whether a procurement contract was laid, other than cases when
On the complaint of the same person on the same question by the Commission.
was decided in the order provided by Article 37 of this
The law.
The customer has the right to continue the procurement procedure, not
The suspension of payment is terminated by the State Treasury of Ukraine
and its bodies in the case of:
if the plaintiff within 20 calendar days from the moment
to send a copy of the post-call statement did not send a rewritten copy of the ulcers
The opening of (violation) of the proceedings;
The closure of the proceedings;
the decision of the court of law.
During suspension of the procurement procedure, the customer has the right to
Accept decisions on the recognition of the trade that did not take place, and
Start a new procurement procedure.
About suspended and suspending payment
State Treasury of Ukraine for three working days
"The Commissioner of the Chamber of Deputies and the Chamber of Commerce of Ukraine".
In this regard, an article 37-1 was considered to be the article 37-2.
2. In the Lord's Code of Ukraine ( 436-15 ) (Information
The Verkhovna Rada of Ukraine, 2003, NN 18-22, pp. 144):
(1) In the paragraph of the second part of the second article 12, the words "
To exclude
(2) In Article 13:
in the name of the word "state task" to exclude;
Part of the fourth to exclude;
3) in part of the third article 67 words " which did not enter
Public order or public task " to exclude;
4) in part one article 75 words "and public tasks" and
words " with regard to the features and in order of
Cabinet of Ministers of Ukraine " to exclude;
5) in part of the fifth article 79 words " with regard to
features and in the order defined by the Cabinet of Ministers of Ukraine "
exclude;
6) in the text of Article 13, part two articles 47 and 264,
another sentence of part of first article 276 and part six
Article 331 of the words "public needs" in all differences and numbers
replace the words "priority public needs" in the appropriate
Mark.
3. Part of the First Article 7 of the Law of Ukraine "On Antimonopoly"
Committee of Ukraine " 3659-12 ) (Information of the Verkhovna Rada of Ukraine,
1993, N 50, pp. 472; 2004, N 13, pp. 181) after paragraph 17
Complement paragraph 17-1 of this content:
" 17-1) exercise the powers provided by the Law of Ukraine
"On the purchase of goods, works and services for government funds"
( 1490-14 ).
4. Article 6 of the Law of Ukraine "Account Chamber"
( 315 /96-PL ) (Information of the Verkhovna Rada of Ukraine, 1996, N 43,
Oh, 212; 1998, N 24, pp. 137) complement paragraph 13
content:
"13) carries out functions provided by the Law of Ukraine" On
the procurement of goods, works and services for government funds " ( 1490-14 ).
5. Part of the First Article 8 of the Law of Ukraine " On State
Logistics Service in Ukraine " (PDF). 2939-12 ) (Information
The Verkhovna Rada of Ukraine, 1993, N 13, pp. (110) complement
Paragraph 8 of this content:
"8) carries out functions provided by the Law of Ukraine" On
the procurement of goods, works and services for government funds " ( 1490-14 ).
6. Article 12 of the Law of Ukraine "On State Statistics"
( 2614-12 ) (Information of the Verkhovna Rada of Ukraine, 2000, N 43,
Oh, 362) complement the paragraph with the thirteenth such content:
" Specially authorized by the central executive body
in the field of statistics that is formed according to Article 106
Constitution of Ukraine 254k/96-PL ), performs also functions,
Under the Law of Ukraine " On procurement of goods, works and services
for public funds " ( 1490-14 ).
Article 51 of the Law of Ukraine "About Banks and Banking"
activity " ( 2121-14 ) (Information of the Verkhovna Rada of Ukraine,
2001, N 5-6, pp. 30) complement part of the seventh such content:
" In terms of payment for the treaties laid down by the State,
Executed, communal enterprises and economic
Societies in which the state share of shares exceeds 50 per cent,
banks check for the presence of the implementation report
procedures for procurement and other documents confirming
the execution of such enterprises and the host societies
of the Law of Ukraine " On procurement of goods, works and services for
Public funds " ( 1490-14 ).

{Paragraph 8 of section I lost the validity of the Act
N 1197-VII ( 1197-18 ) of 10.04.2014}

II. Final Position
1. This Act will take effect from the day of its publication.
2. Cabinet of Ministers of Ukraine per month
publish this Act to bring its legal and legal acts in
A compliance with this Act.
3. Ministry of Economy of Ukraine stops execution of functions
A specially authorized central executive body with
the coordination of purchases of goods, works and services by state
The Act has since been taken into force since the Act.
4. National Bank of Ukraine to ensure
performing banks of the requirements of the Law of Ukraine " On the procurement of goods,
work and services for public funds " ( 1490-14 ) and accept
relevant regulatory legal acts for the month since
This is the Act.
5. Accounts Chamber, State of the Audit Division
Ukraine, the State Treasury of Ukraine, Tender Chamber of Ukraine
for five days from the day of publication of this Act to delegate to
Special Control Commission on Public Procurement at
The Accounts Chamber of the Commissioners.
6. Prior to the introduction of other legal instruments in
meet with the norms of this Act they act in part that is not
contradicting this Act.

President of Ukraine
Um ... Kiev, 15 December 2005
N 3205-IV