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On The Purchase Of Goods, Works And Services For Public Funds

Original Language Title: Про закупівлю товарів, робіт і послуг за державні кошти

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C A C U A TO R S
{Law has lost validity on the basis of the Law
N 150-VI ( 150-17 ) 20.03.2008, VR, 2008, N 18, pp. 198}
{Further see. Provisions for the procurement of goods, works
and services for the public funds approved by the KM Resolution
N 921 ( 921-2008 ) 1710.2008)
About the purchase of goods, works and services
for public funds
(Information of the Verkhovna Rada of Ukraine (VR), 2000, N 20, pp. 148)
{With changes under the Laws
N 434-IV ( 434-15 ) from 16.01.2003, VR, 2003, N 14, pp. 98
N 1047-IV 1047-15 ) from 09.07.2003, IWR, 2004, N 5, pp. 27 N 1158-IV ( 1158-15 ) from 11.09.2003, VR, 2004, N 8, pp. 67 N 1294-IV ( 1294-15 ) from 20.11.2003, VCE, 2004, N 13, pp. 181 N 2188-IV ( 2188-15 ) 18.11.2004, IWR, 2005, N 5, pp. 110 N 2229-IV ( 2229-15 ) from 14.12.2004, VCE, 2005, N 4, pp. 103 N 2377-IV 2377-15 ) from 20.01.2005, VR, 2005, N 11, pp. 198 N 2664-IV 2664-15 ) from 16.06.2005, VCE, 2005, N 31, pp. 420 N 3205-IV ( 3205-15 ) 15.12.2005, OVR, 2006, N 14, pp. 118 N 424-V ( 424-16 ) from 01.12.2006, VR, 2007, N 9, pp. 67 N 1114-V ( 1114-16 ) from 01.06.2007, VR, 2007, N 28, pp. 383}

{In the text of the Word Act, "Artist", "performers" in all
The differences are replaced by the words "participant", "participants" in
Relevant differences in accordance with the Law
N 434-IV ( 434-15 ) From 16.01.2003}
{In the text of the Law the words "authorized body", " open
trading, " Special Control Commission on Human Development
Public procurement under the Accounts Chamber "and"
with reduced price (reducion) " in all differences
replaced by the words "Antimonopoly Committee"
Ukraine "," open prices with reduced price ",
"Interdepartmental Commission for Public Procurement".
"reduction" in the appropriate mark, and words
"Ministry of Agrarian Policy of Ukraine" in all
The differences are excluded under the Law N 424-V ( 424-16 )
On 01.12.2006}

This Act establishes legal and economic principles of exercise
procedures for procurement of goods, works and services at the expense of
The funds
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 use. {Paragraph: Second preamble to the Editorial Board
Law N 3205-IV ( 3205-15 ) 15.12.2005) (Preamble was amended by Act N 2188-IV.)
( 2188-15 ) From 18.11.2004; in the editorial of Act N 2664-IV
( 2664-15 ) 16.06.2005)
R O and L I
GENERAL PROVISIONS
Article 1. Defining basic terms
In this Act, the terms below are used in this regard.
value:
The customer is the order of government funds that exercise
a purchase in a order defined by this Act, with the order of
is considered a subject, the tender committee of which conducts the procedure
the procurement and which simultaneously concludes with the winner of the treaty of
Procurement, other than the use of procurement of goods at
Inter-agency coordination; (Abzac second article 1 in the drafting of the Law
N 434-IV ( 434-15 ) from 16.01.2003; with changes made under
with Laws N 2188-IV ( 2188-15 ) from 18.11.2004, N 2664-IV
( 2664-15 ) 16.06.2005)
enterprises-state, treasury, utilities and other industries
Economic societies, which have a state or communal share
shares (particles, paes) exceeds 50 per cent, their child
enterprises, as well as businesses, economic societies,
The statutory capital of which 50 and more is owned by the state,
Executed, communal enterprises and economic societies,
in which a state or communal share of shares (particles, pai)
more than 50 percent (further-venture); {Articles 1 complemented
paragraph under Law N 424-V ( 424-16 ) On 01.12.2006}
Government funds are organs of state power,
authorities of the Autonomous Republic of Crimea, the local authorities
self-government, other bodies, agencies, organizations identified
Constitution of Ukraine 254k/96-PL ) and the legislation of Ukraine, and
also enterprises, institutions or organizations created in the
of established order by the State authorities, by authorities
The Autonomous Republic of Crimea or Local Government and
authorized to receive public funds, taking over
Obligations and implementation of payments, enterprises; {Abc article 1
in the wording of Act N 434-IV ( 434-15 ) 16.01.2003; with changes
in accordance with the Laws N 2664-IV ( 2664-15 ) From 16.06.2005,
N 3205-IV ( 3205-15 ) 15.12.2005, N 424-V ( 424-16 ) From
01.12.2006}
Public procurement (hereinafter-procurement)-acquisition by the customer
goods, works and services for government funds in the order established
by this Act, in which the procurement is made by one customer in
The interests of the other are prohibited except for procurement.
Goods on the basis of inter-departmental coordination; (Paragraph 1 of
In accordance with the Laws N 2188-IV ( 2188-15 ) From
18.11.2004, N 2664-IV 2664-15 ) 16.06.2005)
State funds-funds of the State Budget of Ukraine, budget
Autonomous Republic of Crimea and local budgets, government loans
resources, as well as funds of the National Bank of Ukraine,
Trust Fund, Pension Fund of Ukraine, Social
Insurance, public social
Insurance, unemployment insurance, money
Universal Public Social Security in relation to
with temporary loss of performance and expenses,
the birth and burial, funds provided by the Law of Ukraine " On
Universal State Social Security
The case of production and professional disease, which
caused the loss of employment " ( 1105-14 ), humanitarian
assistance in monetary form, funds of Agrarian Fund, State and
Local Energy Conservation Funds, Institutions or Organizations
established in accordance with the established order by the State authorities,
The authorities of the Autonomous Republic of Crimea or local authorities
self-government, the funds for businesses that are directed to the acquisition
goods, works and services; {Abzac Article 1 in the edition of the Law
N 434-IV ( 434-15 ) from 16.01.2003; with changes made under
with laws N 2664-IV ( 2664-15 ) From 16.06.2005, N 3205-IV
( 3205-15 ) 15.12.2005, N 424-V ( 424-16 ) On 01.12.2006}
a participant in the procurement procedure (further member)-physical or
legal entity (resident or non-resident) confirming intent
take part in the procurement procedure and gives or filed a tender
proposal; {Abzac Article 1 in the edition of Act N 434-IV ( 434-15 )
from 16.01.2003; with changes made under the Laws N 2188-IV
( 2188-15 ) from 18.11.2004, N 424-V ( 424-16 ) On 01.12.2006}
goods-products of any kind and purpose, in
including raw materials, products, equipment, technology, items in
solid, liquid, gaseous, including electricity,
as well as services related to the supply of goods if their cost
not exceeding the cost of such goods; {Abzac eighth article 1 of the
changes under the Act N 424-V ( 424-16 ) From
01.12.2006}
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 such works; {Abzac Article 1 with changes,
In accordance with the N 2664-IV Act 2664-15 ) From 16.06.2005;
in the edition of Act N 3205-IV ( 3205-15 ) 15.12.2005; s
changes under the Act N 424-V ( 424-16 ) From
01.12.2006}
services-any procurement other than goods and works,
including training specialists, providing transport and
communication, development of technology, scientific research, medical and
public service, as well as consulting services to which
belong to the services associated with counseling, expertise,
evaluation, preparation of conclusions and recommendations; (Paragraph 1 of
changes under the N 2664-IV Act 2664-15 ) From
16.06.2005)
The tender documentation is a documentation prepared by the customer
and is transmitted to the participants to prepare them tender proposals
concerning the subject of the procurement determined by the customer according to
this Act; {Abzac Article 1 with changes made according to
Laws N 2188-IV ( 2188-15 ) from 18.11.2004, N 3205-IV
( 3205-15 ) 15.12.2005, N 424-V ( 424-16 ) On 01.12.2006}
The tender committee is a group of customer specialists appointed
responsible for implementing procurement procedures according to
Provisions of this Act; (Paragraph 1 of the changes made by the
under the Law N 2188-IV ( 2188-15 ) from 18.11.2004; in edition
Law N 2664-IV ( 2664-15 ) 16.06.2005)
The tender offer is a proposal for a certain subject
the procurement that prepares and is served by the customer
According to the requirements of the tender documentation;
an alternative tender offer-a proposal that can be
posted by the customer in addition to the tender
proposals, if provided by tender documentation and
is different from the main proposal developed according to
Conditions provided by the tender documentation; (Paragraph 1 of the
changes under the N 434-IV ( 434-15 ) From
16.01.2003, N 2664-IV 2664-15 ) 16.06.2005)
Tendering of tender offer-acceptance by the customer of tender
the proposed best for the evaluation, and
Granting consent to her payment. The tender offer is considered
Intercepting if a customer is installed in the tender
List documents submitted written confirmation to the attendee in the report
The tender offer after determining its winner
purchasing; {Abzac Article 1 with changes made according to
Laws N 2664-IV ( 2664-15 ) From 16.06.2005, N 3205-IV
( 3205-15 ) 15.12.2005)
torches (tender)-the exercise of competitive selection of participants with
the goal of determining the trophy winner (tender) according to the procedures
(other than the procurement procedure of one participant) established by this
Law; {Abzac Article 1 in the edition of Act N 434-IV ( 434-15 )
from 16.01.2003; with changes made under Act N 3205-IV.
( 3205-15 ) 15.12.2005)

{Article 1 of Article 1 is excluded based on the Law of the Law
N 424-V ( 424-16 ) On 01.12.2006}

purchase agreement-a written agreement between the customer and the
The winner of the procurement procedure, which involves the provision of
services, performing work or acquire ownership of the goods for
Appropriate fee; (Abzac Article 1 in edition of Act N 434-IV)
( 434-15 ) 16.01.2003)
providing a tender offer (further tender)
providing)-providing a member of the customer with a guarantee of
ensuring that there are obligations that arise in connection with
providing tender proposals, including such ways
ensuring, as bank guarantees, reserve accreditation, cheques,
according to which a primary obligation carries any bank,
deposit, promissory notes, disruptions and other types of choice
The customer according to the law; (Paragraph 1 of the changes,
In accordance with the Act N 434-IV ( 434-15 ) from 16.01.2003; in
revision of Act N 2664-IV ( 2664-15 ) 16.06.2005)
Ensuring the implementation of the procurement contract
Member of the Convention on the Convention on the
purchasing power, including such ways of providing as banking
warranty, reserve accreditation, cheques, according to which primary
an obligation to carry any bank, deposit, vexels, handrails and
other types of enforcement of the contract by customer selection
according to the law; (Abzac Article 1 with changes made by
under the Law N 434-IV ( 434-15 ) from 16.01.2003; to the editor
Law N 2664-IV ( 2664-15 ) 16.06.2005)

{Paragraph twenty-first article 1 is excluded based on the Law of the
N 424-V ( 424-16 ) On 01.12.2006}

the winner of the procurement procedure-participant, tender
the result of the assessment is recognized as the best and
accreted; (Article 1 is supplemented by paragraph under the Law)
N 434-IV ( 434-15 ) 16.01.2003)
part of the procurement subject (lot)-defined by the customer (per
Volume, item, or place of delivery of a commodity
providing services) a portion of the goods, works or services, to which, within
a single procurement procedure, participants are allowed to submit
The tender offer. Number of tenders for each
A separate part of the purchase item cannot be less than three;
Article 1 is supplemented by paragraph under Law N 2188-IV
( 2188-15 ) from 18.11.2004; with changes made according to
Act N 424-V 424-16 ) On 01.12.2006}
Electronic public procurement-by default
established by this Act of Procedure for procurement through
information system on the Internet in on-line mode
using electronic document circulation and electronic
Digital signature; (Article 1 is supplemented by paragraph under the Law of the
N 2188-IV ( 2188-15 ) from 18.11.2004; with changes made under
with Law N 2664-IV ( 2664-15 ) 16.06.2005)
The general customer is the state authority, state
institution, organization or enterprise defined by the Cabinet
Ministers of Ukraine responsible for organising and conducting
Procurement procedures for interdepartmental coordination in the interest of
The customers and fulfill their functions in accordance with this Act;
(Article 1 is supplemented by a paragraph under Law N 2664-IV
( 2664-15 ) 16.06.2005)
The procurement of inter-agency coordination is the implementation of
Procurement using the General Manager interaction mechanism
The orders and customers in the order established by the Act;
(Article 1 is supplemented by a paragraph under Law N 2664-IV
( 2664-15 ) 16.06.2005)
qualification documentation-documentation preparing for
by the customer and transmitted to the participants to prepare them
Qualification proposals in pre-qualification
participants; (Article 1 is supplemented by paragraph under the Act
N 2664-IV 2664-15 ) 16.06.2005)
qualification offer-a proposal that prepares and
is served by the customer according to the requirements of the qualification
Documentation; (Article 1 is supplemented by paragraph under the Law
N 2664-IV 2664-15 ) 16.06.2005)
Tender (price) lines of the bid-set
by the customer in tender documentation (request (declaration) on
(a) of the Convention on the Convention on the
A purchase during which a participant has no right to change its
The tender (price) offer (except for the price change in cases,
the Act). {Article 1 is supplemented by paragraph according to
Act N 2664-IV ( 2664-15 ) From 16.06.2005; with changes
Under Act N 424-V 424-16 ) On 01.12.2006}
Article 2. Scope of the Act
1. This Act applies to all purchases of goods, works
and services that are completely or partially implemented by
public funds, provided that the cost of the procurement subject to
merchandise (goods), services (services) is or exceeds 20
For the work, $50,000.
The action of this Act does not apply to the procurement of goods and
Services carried out by the United States
Complex.
2. The exercise of procedures for procurement of goods, works and
services at the expense of public funds may be established or
change solely by this Act and solely in cases,
To be foreseen by this Act.
The changes to this Act should be made official to
On August 15, the new fiscal year was preceded.
Procurement of goods, works and services
Ukraine's State Budget for Training and
Extraordinary elections of people's deputies of Ukraine are carried out in
Order approved by the Intergovernmental Commission on Public Policy
Procurement at the suggestion of the Central Election Commission. Defined
the order is approved not later as the fifth day after the start
The electoral process. {Part of the second article 2 is supplemented by a paragraph
under the Law N 1114-V ( 1114-16 ) 01.06.2007}
3. The procurement procedure provided by the Act is not
Apply in cases where the subject of a purchase is as follows:
Centralized water and water supply;
A centralized supply of thermal energy;
Postal services, as well as stamps and labeled envelopes;
goods, works and services, procurement of which is carried out
Customers located outside Ukraine;
Telecommunication services, including broadcast
radio and TV signals (except for mobile services and
Internet services);
Use of railway tracks;
goods, robots or services that are in touch with their special
The appointment is a state secret;
Oil and Petroleum Services
Pipelines;
services to transport natural and oil gas
Pipelines and its distribution;
Transport of other substances
Transport
electrical energy, its transfer and distribution;
Air traffic management services;
service and emergency repair services
Services provided outside of Ukraine;
Services to air-traffic official,
Parliamentary, governmental, diplomatic delegations;
precious metals and stones, which are regulated
The relevant laws of Ukraine;
products of the food industry, the food culture, the fuel and
Services for the direct implementation of the visa-free activities
creative groups and artists held by the decision
the Central Authority of the Executive
cultural policy, solely for the period of
Touring
A service to extend the lease of a means of communication;
Services to banks in the taking of municipal payments and
Maintenance of current accounts
services, procurement of which are held by state banks at the
Implementation of banking transactions in accordance with the Law of Ukraine
"About Banks and Banking" 2121-14 );
services for the design of cargo customs declarations which
Provided by the State Customs Service of Ukraine;
Services on issuance of certificates on the origin of goods;
nuclear fuel, unirradiated fuel cells (tiled) for the
Nuclear reactors;
services, procurement of which is carried out in order to provide
Implementation of the state budget in part of the
Loan, maintenance and repayment of public debt;
products and services directly related to the development
design, producing protected paper, banknotes and coins;
natural gas used by gas transport
enterprises to provide technology and other production facilities
Needs of these enterprises;
goods, robots and services are bought directly for
a planned repair of nuclear reactors in a manner defined by
International Commission on Public Procurement.
4. Reassembly contracts that involve
Cost of public funds, and/or payment of the order of state
the funds of goods, works and services to/without carrying out procedures
Under this Act, in addition to those prescribed by the Act.
5. In case the subject of procurement is food products
industry, medicines and medical services,
fuel, food services organization, transport and
services, repair services, as well as raw materials, materials,
complex products required by enterprises to produce
goods, the customer at the time of the procurement procedure has
right for the current needs to make a purchase of the necessary item
procurement without application of procurement procedures to be predicted
By law, a money that does not exceed 10 percent of the total
The expected value of the procurement subject, for three years
working days informs the Anti-Monopoly Committee of Ukraine,
Interdepartmental Commission on Public Procurement and Tender
The Chamber of Ukraine.
The provisions prescribed by the paragraph first of this part are not
Apply when the next procedure is ordered
The procurement of such a procurement item.
6. Enterprises carry out purchases of goods, works and services
For the budget of the State Budget of Ukraine, the Budget of the Autonomous
Republic of Crimea and local budgets at general
the order defined by this Act.
The composition of the enterprise tender committee is appointed
the head of state power, which functions with
the management of the main enterprise or through which (the supervisor of which)
directed (coordinated) by the activities of the central body
The Executive Committee, which carries out these functions.
Procurement of goods, works and services at the expense of
Other public funds are carried out in case such
features:
1) enterprises to purchase goods, works and services
apply this Act in case the cost of a procurement item
for goods (goods), services (services) is or exceeds
$50,000 and $400,000 to work.
(2) businesses can exercise procurement by way of
the application procedure for the price of price (s) in respect of
goods, jobs and services for which there is a constantly operating market, and
on the condition that the cost of the procurement does not exceed 100,000
The purchase of goods and services and $500,000 in the case of
Case of procurement of work;
3) businesses can exercise purchases of goods, works and
Disaster Management Services
of the technogenic and natural nature, the effects of the crash on
production, transport and facilities of nuclear power without
application of procurement procedures provided by the Law to the
Order defined by the Intergovernmental Commission on Public Policy
Shopping;
4) on the enterprise are not subject to the norms of this Act concerning
The approval and publication of the annual procurement plan;
5) businesses have the right of order defined by Article 14
of this Act, receive an appropriate conclusion on the list of products
(goods, works, services) per year or for another period, procurement
which is planned to be carried out by applying the procurement procedure,
Article 33 of this Act;
6) enterprise in case of procurement for manufacturing needs
raw materials, materials, components, as well as services which
the technology process is provided in the production process
Or scientific and technical cooperation, in the presence of a suitable basis,
are entitled to the order specified by Article 14 of this Act,
get the appropriate conclusion about the application feature
The procurement procedure provided by Article 33 of this Act;
(7) In the case of an enterprise:
open trading procedures with reduced price and torrents from
the limited participation-rows to represent tenders may
become less than 10 calendar days from the date of publication in
the order stipulated by Article 8 of this Act, the declaration of
planned procurement or prior qualification
and not less than seven calendar days from the date of departure
Invitation to participate;
Reductive and Double-Step Procedures-Rows of submission
Participants in previous proposals may not be less than
10 calendar days from the publication date in the foreseeable future
Article 8 of this Act, the announcement of the planned procurement.
The deadline for submission of tenders in the second step can be
not less than five calendar days from the day of the participants
The results of the first stage
(8) Features of the purchase of raw materials, materials,
components for production and development
enterprises of industrial goods and goods
People's consumption in accordance with the design and technology
Documentation may be determined by the Intergovernmental Commission on the
public procurement in the presence of appropriate positive conclusions
the authority of the state power to exercise the management of the Mayan
an enterprise or through which (whose leader) is directed to
(coordinated) by the activities of the Central Executive Authority,
that makes these functions, and according to section II-1 of this
The law. {Article 2 with changes under the N 434-IV Act
( 434-15 ) from 16.01.2003, N 1158-IV ( 1158-15 ) From 11.09.2003,
N 2188-IV ( 2188-15 ) from 18.11.2004, N 2229-IV ( 2229-15 ) From
14.12.2004, N 2664-IV ( 2664-15 ) From 16.06.2005, N 3205-IV
( 3205-15 ) Article 2, paragraph 15.12.2005; text of Article 2 of the Law
N 424-V ( 424-16 ) On 01.12.2006}
Article 2-1. Principles of Public Procurement
1. State procurement is carried out on the basis of the following principles:
Maximum savings and efficiency;
Voluntary competition among participants;
openness and transparency in all stages of state
Shopping;
Non-discrimination of participants;
Objective and unbiased assessment of tenders;
prevent manifestations of corruption; {Articles 2-1 are supplemented by paragraph 2
under the Law N 3205-IV ( 3205-15 ) 15.12.2005)

{The paragraph of the eighth article 2-1 is excluded based on the Law of the
N 424-V ( 424-16 ) On 01.12.2006}

free access, openness and availability of information from
Questions of procurement, including for citizens of Ukraine and
Public organizations. {Article 2-1 is supplemented by a paragraph according to
Act N 3205-IV ( 3205-15 ) 15.12.2005) (The law is complemented by Article 2-1 according to Law N 2664-IV
( 2664-15 ) 16.06.2005)
Article 2-2. Stages of public procurement and their planning
1. The tasks of public procurement are as follows:
1) approving the nightmare (program, plan of use)
State funds);
2) the approval of the annual public procurement plan;
3) election and conduct of procurement procedures based on
approved by the nightmare (program, plan to use state
(b) The annual public procurement plan;
(4) To determine the winner of the procurement procedure;
(5) To make arrangements for procurement;
(6) To compile the report on the results of the procedure
Procurement;
(7) The implementation of the procurement treaty;
(8) Control of procurement of procurement treaties.
2. The primate of the annual plan that is approved by the customer is not
later than in the lunar line after a nightmare
(programs, plan to use public funds), changes to it
issued by the Anti-Monopoly Committee of Ukraine in cases and in
the order defined by this authority, and promulgated by
placing at least one information system on the network
Internet for 15 calendar days from the date of its approval. {Part of the second article 2-2 in the edition of Law N 3205-IV ( 3205-15 )
15.12.2005)
(Act supplemented by Article 2-2 under Act N 2664-IV
( 2664-15 ) 16.06.2005)
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, specially authorized
by the central body of executive power in the field of statistics
In accordance with the Law of Ukraine "On State Statistics"
( 2614-12 ), law enforcement within the competence,
of the Constitution of Ukraine 254k/96-PL ), by the laws of Ukraine
and that Act.
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. Realization of the basic purpose of the Act of Creation
The competitive environment in the procurement sphere provides
Antitrust Committee of Ukraine. {Part of the first article 3-1 in the edition of Law N 424-V ( 424-16 )
On 01.12.2006}
2. The main functions of the Anti-Monopoly Committee of Ukraine in
Areas of public procurement are: {Abzac of the first part of the second article
3-1 in the edition of Act N 424-V ( 424-16 ) On 01.12.2006}

{Paragraph second of second article 3-1 is excluded from the
Act N 424-V 424-16 ) On 01.12.2006}

preparation and presentation of the Cabinet of Ministers of Ukraine,
The Accounts Chamber of the Half-year Reports on Committing Customers
Shopping;
development of regulatory instruments exclusively in cases,
Under this Act; {Abzac is the fourth part of the second article;
3-1 in the edition of Act N 424-V ( 424-16 ) On 01.12.2006}

{Paragraph 5 of the second article 3-1 is excluded from the
Act N 424-V 424-16 ) On 01.12.2006}

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 procurement cooperation; {Abzac
the ninth part of the second article 3-1 in the edition of Law N 424-V
( 424-16 ) On 01.12.2006}
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;

{Paragraph number of the twelfth part of the second article 3-1 is excluded
Act N 424-V 424-16 ) On 01.12.2006}

The thirteenth part of the second article 3-1 is excluded.
Act N 424-V 424-16 ) On 01.12.2006}

{Paragraph fourteenth of second article 3-1 is excluded from the
Act N 424-V 424-16 ) On 01.12.2006}

3. The Antimonopoly Committee of Ukraine has the right to:
requiring the customer to report on the results of the implementation
the procurement procedures according to this Act and implementation
Procurement treaties;

{The third part of the third article 3-1 is excluded from the
Act N 424-V 424-16 ) On 01.12.2006}

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;

{The tenth part of the third article 3-1 is excluded from the
Act N 424-V 424-16 ) On 01.12.2006}

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;
the form of the register of unscrupulous participants. {Third part
Article 3-1 is supplemented by paragraph under Law N 424-V 424-16 )
On 01.12.2006}

{Part of Article 3-1 is excluded from the Law of the Law
N 424-V ( 424-16 ) On 01.12.2006}

Article 3-2. Other organs undertaken by the state review and
Procurement in procurement
1. State authorities other than the Antimonopoly Committee
Ukraine, which carry out state surveillance and control within its
Competence in procurement, there is a State Control Council.
service of Ukraine, State Treasury of Ukraine, specially
The Chief Executive Officer of the United
statistics under the Law of Ukraine "On State Statistics"
( 2614-12 ) as well as law enforcement.
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 and compliance of a signed treaty
a report on the exercise of procurement and other foreseeing
The legislation of the documents; {Abzac of the tenth part of the second article
3-2 with changes made under Act N 424-V 424-16 ) From
01.12.2006}
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 according to the treaty obligations under the event of abolition
procedures for procurement by decision to review complaints (trial)
(a) with regard to the violation of procedures by the customer
purchasing; {Abzac of the fifteenth part of the second article 3-2 of
changes under the Act N 424-V ( 424-16 ) From
01.12.2006}
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.

{Paragraph twenty-first part of the second article 3-2 is excluded
Act N 424-V 424-16 ) On 01.12.2006}

Law enforcement agencies carry out state care and control.
in the area of procurement within its competence defined by the laws
Ukraine.

{Part of the third article 3-2 is excluded based on the Law of the
N 424-V ( 424-16 ) On 01.12.2006}

Article 3-3. International Commission for Public Procurement
1. To ensure transparency and openness to public
The procurement of the Accounts Chamber is operated by the Inter-Agency Commission on the
Public procurement (hereinafter-the Commission).
The Commission is composed of one representative from
The Accounts Chamber, the State Control Service of Ukraine,
State Treasury of Ukraine, Antimonopoly Committee
Ukraine, Ministry of Economy of Ukraine, three representatives who
are responsible for regulating the public procurement market, from
Committee of the Verkhovna Rada of Ukraine, to the subject of the
which is the question of the regulation of the public procurement market, and
Three members from the Shadow Chamber of Ukraine. {Paragraph second
part of the first article 3-3 with changes made under the Act
N 424-V ( 424-16 ) On 01.12.2006}

{The third part of the first article 3-3 is excluded from the
Act N 424-V 424-16 ) On 01.12.2006}

2. The Commission:
provides customer conclusions about the application feature
Procurement procedures with limited participation and one participant
According to Article 14 of this Act; {Abzac second part
Second article 3-3 with changes made under Act N 424-V
( 424-16 ) On 01.12.2006}
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,
The Anti-Monopoly Committee of Ukraine, and also accepts the relevant
the decision to eliminate such problems; {Abzac is the fourth part of
Second article 3-3 with changes made under Act N 424-V
( 424-16 ) On 01.12.2006}
provides independent conclusions about the work of the Antimonopoly
the Committee of Ukraine and sends them to the Verkhovna Rada of Ukraine,
Cabinet of Ministers of Ukraine and in case of necessity
Law enforcement;
Providing proposals for the Anti-Monopoly Committee of Ukraine on
Provision of the 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;
contributes to the protection of the enterprises of the public
In the area of public procurement, including by adoption of the
Relevant decisions; {Abzac of the eleventh part of the second article 3-3
in the wording of Act N 424-V ( 424-16 ) On 01.12.2006}
has the right to ask and receive information, documents and
materials regarding the activities of the customer ' s tender committee,
Procurement and procurement of procurement treaties
at any stage of the execution and by the results of their consideration (per
The need for the involvement of relevant specialists and representatives
law enforcement) to make decisions in accordance with
Article 12 of this Act. Customer and Query Participants
(demand) Commission for five working days are required to provide
information that is properly installed and properly copied
and materials, except those containing protected by law.
A secret. Unordered information, documents, and
materials by decision of the Commission may be basis for abolition
Procurement procedures; {Part of the second article 3-3 is supplemented by a paragraph
under the Law N 424-V ( 424-16 ) On 01.12.2006}
defines the order of making purchases of goods, works and
services provided by sub-paragraph 3 of the sixth article 2 of this
Law; {Part of the second article 3-3 is supplemented by a paragraph according to
Act N 424-V 424-16 ) On 01.12.2006}
has the right to determine the peculiarities of the procurement of goods,
Under paragraph 8 of the sixth article 2 of this Act;
{Part of the second article 3-3 is supplemented by a paragraph under the Law
N 424-V ( 424-16 ) On 01.12.2006}
has the right to provide relevant conclusions provided
articles 26, 34 of this Act; {Part of the second article 3-3 complemented
paragraph under Law N 424-V ( 424-16 ) On 01.12.2006}
Approves the ordering of the procurement subject; {Part
a second article 3-3 is supplemented by a paragraph under Law N 424-V
( 424-16 ) On 01.12.2006}
Approves the method of determining the amount of damage in case of
Non-compliance with the requirements of the existing legislation under
Making purchases of goods, jobs and services for government funds,
evaluation techniques to determine the best tender offer, in
including a drinking weight of evaluation criteria; {Part of the second article
3-3 complemented by a paragraph under Law N 424-V ( 424-16 ) From
01.12.2006}