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On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Regarding Additional Guarantees Of Protection Of The Financial Interests Of The State

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо додаткових гарантій захисту фінансових інтересів держави

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C A C U A TO R S
For changes to some legislatures
Ukraine on additional guarantees for protection
financial interests of the
(Information of the Verkhovna Rada of Ukraine (VR), 2005, N 31, pp. 420)
{With changes under the Act
N 77-VIII ( 77-19 ) from 28.12.2014, VR, 2015, N 11, pp. 75}

In order to protect the financial interests of the state, the strengthening of
Control of the 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):
(1) Preamble to set out in this edition:
" 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, ensuring transparency of procedures
purchasing goods, jobs and services for government funds and achievements
the optimal and rational use of their use ";
(2) In Article 1:
paragraph 2 should be supplemented by the words "except for the exercise"
Procurement of goods on interdepartmental coordination ";
in a paragraph of the third word "as well as the institution or organization"
Replace the words "as well as enterprise, institution or organization";
The fourth paragraph should be supplemented with the words " except for
Procurement of goods on interdepartmental coordination ";
in paragraph 5:
after the words "social insurance funds" complemented with the words
" funds of universal public social insurance,
Money insurance funds, funds
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 );
The words "which provide the activities of these bodies" to exclude;
in the paragraph of the eighth word "of the construction" substitute
"the Works";
the paragraph of the ninth supplement to the words " as well as advisory
services relating to the services associated with the consultancy,
an examination, evaluation, preparation of conclusions and recommendations ";
Paragraph of the eleventh edition:
" The tender committee is a group of customer specialists appointed
responsible for implementing procurement procedures according to
The provisions of this Act ";
the paragraph of the thirteenth after the words "differs from" to the complement of
"Main";
fourteenth after the words "tender offer"
In addition to the words "considered best by the results of the evaluation";
paragraph 18 and nineteenth
& Revision:
" 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;
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 ";
paragraph twenty-third after "on the Internet"
Add "in-line mode";
supplementing paragraphs twenty-fourth to twenty-eighth
such content:
" The general customer is the state authority, the 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;
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;
qualification documentation-documentation preparing for
by the customer and transmitted to the participants to prepare them
Qualification proposals in pre-qualification
Participants
qualification offer-a proposal that prepares and
is served by the customer according to the requirements of the qualification
Documentation;
Tender (price) lines of the bid-set
customer in tender documentation (ask for price purposes)
(a) of the Convention on the Convention
during which the participant has no right to change their tender
(price) proposal (except for the price of changes in the conduct of the procedure)
(a) ";
3) in Article 2:
in part the first word and the numbers " sum equivalent to
€ 5,000, and works-20,000 euros " replace the numbers and figures.
"30,000 hryvnias, and works-300,000 UAH";
a part of the second teaching in such an editorial:
" 2. Procurement of goods, works and services related to
Elimination of the effects of emergencies, implementation of
A defensive order, and also with the purchase of others specially
defined by the Cabinet of Ministers of Ukraine or the law of goods, works and
services, is carried out in accordance with this Act with regard to
"The features defined by individual acts of legislation of Ukraine";
Add parts to the fourth and fifth of the following:
" 4. Agreements are prohibited which are predicted
Cost of public funds, and/or payment of the order of state
the funds of goods, works and services to/without carrying out procedures
In accordance with the provisions of this article.
5. The procurement procedure established by the Act,
apply to the procurement of goods, works and services by public
(executed) by businesses and economic societies in which
the state share exceeds 50 percent, with regard to
features and in the order defined by the Cabinet of Ministers
Ukraine ";
4) complement the article 2-1 such content:
" 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;
An objective and unbiased assessment of tenders ";
(5) To complement Article 2-2 of this content:
" 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 purchases are carried out according to the annual plan, which
Approved by default not later than in lunar lines after
approval of nightmares (programs, plan to use state
Funds). A copy of the annual plan is sent to the commissioner
in cases and in the order defined by this authority. Annual
the procurement plan is published by placing at least one
information system on the Internet for 15 calendar hours
days from the date of approval ";
6) in Article 3:
part of the first teaching in such an editorial:
" 1. Functions of a specially authorized central body
Executive Power on coordinating the procurement of goods, works and
services (further-authorized body) are carried out by the central
the executive body, which is the main (leading) organ in
the system of central executive bodies in the provision of
implementation of a unified public policy of economic and social
Development of Ukraine ";
In part two:
in the paragraph of the fifth word " which is done in order,
established by the authorized body "replace the words" in cases
and in the order provided by this Act ";
in the paragraph of the sixth word "quarterly" replace the word
"semiannual";
The seventh paragraph should be supplemented with the words " in cases and in order,
The Law of the Law ";
after the paragraph of the tenth complement to the new paragraph of this content:
" Review of compliance checks
Public procurement of public procurement legislation
according to this Act. "
In this regard, the 13th is the sixteenth.
According to the paragraphs of the twelfth and seventeenth;
The paragraph of the twelfth edition is as follows:
" presentation of materials to law enforcement in cases,
The Law of the Law ";
Complement the paragraphs by the eighteenth and nineteenth such
content:
" The submission of the Cabinet of Ministers of Ukraine of proposals for
The definition of a master customer
of the order established by the authorized body,
lists of information systems on the Internet that match
The requirements of this Act ";
part of the third complement of paragraphs of this content:
" the form of the annual procurement plan for public funds;
The form of registry of the received tenders;
The order of complaints is the authorized body;
order of checks (revision) for compliance
Government funds for the requirements of legislation in the field
Public procurement and interaction with law enforcement ";
(7) In Article 4-1:
in part one:
after the paragraph of the first addition to the new paragraph of the following content:
"Public Procurement Plans".
In this regard, the second is the fifth and fifth respectively.
Third-sixth;
after the paragraph of the third paragraph to complement the new paragraph of the content:
"Protocol of Disclosure of Tender (price) proposals".
In this regard, the fourth is sixth to be considered.
Paragraphs 5 to seventh;
Complement the paragraph of the eighth such content:
" Information regarding public procurement is predicted by this.
By law, it is placed consistently at least one of the information
systems in the Internet according to technical regulations and in
The order provided by the information systems. With this in
An information system is selected by the customer on the Internet
be placed all without exception documents regarding public
The procurement provided by this article ";
In part two:
the words " registered according to the requirements of the valid
Legislation of Ukraine in the field of intellectual property "
exclude;
supplemented with the words " and meets other requirements set up
The Law ";
part of the fourth complement by the words "in order predicted"
Information Systems ";
in the part of the seventh sentence " Match statement
information system on Internet requirements for part 2
This article is drawn from the Register according to the laws of Ukraine " On
protection of the rights to inventions and useful models " ( 3687-12 ), " On
copyright and related rights " (PDF) 3792-12 ), Civil Code
Ukraine ( 435-15 ) and a document that confirms the rule of law
use of such objects of intellectual property "
exclude.
(8) to supplement Article 4-2 of this content:
" Article 4-2. Requirements for network information systems
Internet to ensure protection of public
Electronic Public Information Service
purchasing and ensuring the fulfillment of the requirements of this
Law
1. Information system on the Internet in part
ensuring the protection of public information, exercise of electronic
public procurement and enforcement of the requirements of this Act
should:
Have a technical regulation-a document that defines the order
The functioning of the system and the operation requirements in this system;
to provide support for multilingual, including
English and English;
Have built a comprehensive system for protection of information;
use of the technical protection tools that
have expert findings of the Department of Special
Telecommunications and security services
Ukraine;
{\f29 to } {\f
of the Department of Special Telecommunications Systems and
Protection of Information Security Service of Ukraine;
execute functions set out as part of the second article 4-1
This Act;
provide electronic public
shopping in on-line mode according to the requirements defined by this
By law, using industrial usable technology
solutions that are built on processes (ways) to convert data
with electronic publishing, accommodation and periodical
document updates, transformed data when displaying
electronic document; automated exercise of public
Shopping.
2. The list of information systems in the Internet is leading
An authorized body in the order established. Order of conduct
the list of information systems on the Internet is not required
To contradict this Act. No such a list is prohibited.
include information systems on the Internet that are not
meet the requirements of this Act, as well as the non-inclusion
information systems on the Internet that meet the requirements
of this Act.
3. Undisclosure of the order of information on the implementation
public procurement provided by this Act, in the information sector
system on the Internet, which meets the requirements defined by this
By law, may appeal in the order stipulated by Article 37
this law, or court order and is the basis for the abolition of the
Trading ";
(9) Article 5 of the article:
" Article 5. Non-discrimination of participants
1. Fatherland and foreign participants participate in the procedure.
procurement on equal conditions according to the provisions of this Act, for
Except when the provisions of Article 6 are applied
The law.
2. The conspirators provide equal access to all participants
For procurement information ";
(10) Article 6:
" Article 6. Terms of protection of the domestic market
1. The speaker prefers a tender offer, a post
The domestic manufacturer, by applying preferential
amendments to its price, provided the expected value of the subject matter
The procurement does not exceed the amount equivalent to:
For goods-200 thousand euros;
For services-300 thousand euros;
For work, 4 million euros.
The preferential amendment size must be 10 percent.
the price of a tender offer.
2. The speaker prefers a tender proposal submitted to
enterprises of public organizations with disabilities, enterprises,
where the number of disabled people who have the main job there is
is at least 50 percent of the average average
Staff members per year regardless of the amount
The expected value of the procurement, and the criminal and the executive system,
regardless of the sum of the expected value of the purchase, if specified
enterprises are manufacturers of goods, works and services that
They'll get lost.
In these cases, the size of preferential amendment should
make 15 percent of the price of a tender offer, even under the terms of
In the procurement procedure, only domestic manufacturers are involved.
3. In case of procurement of goods, works and services included in
approved by the Cabinet of Ministers of Ukraine list of goods, works
and services that are bought from businesses that are predominantly
use the labor of the disabled, the disorderly of state funds
invite to the bidding of exclusively enterprises of public organizations
disabled, enterprises where the number of disabled people have there
the main job, is at least 50 percent of
Average Accounting Employees
the year and if the stated enterprises are manufacturers
goods, works and services that are bought.
4. In case the subject of procurement is services or work, which
are carried out in Ukraine, the customer has the right to demand
a foreign participant who is involved in the procurement procedure,
execution of these services or works using domestic
raw materials, materials and workforce.
5. In case the subject of procurement is agricultural
products of domestic production, participation in tenders can take
Exclusively domestic agricultural products ";
(11) Article 7 is set out in such an editorial:
" Article 7. Unapproved attendees
1. The speaker is required to ensure the creation of conditions for
Conducting transparent public procurement and public disclosure
information in the order stipulated by this Act.
2. The speaker is required to reject the tender or
the qualification proposal in case it has unsatisfactory evidence
that the participant offers, gives or agrees to give any
the official person of the customer, another state body for the award in
any form (proposal of hiring, valuable thing, service, etc.)
(a) To impact the decision on the definition of
the winner of the procurement procedure or by the customer ' s application
A certain kind of procurement procedure.
3. The speaker is required to reject the tender or
the qualification proposal in case it has unsatisfactory evidence
what:
A physical person who is a participant has been convicted of a crime,
Committed during a procurement procedure, or another crime,
Committed from a corrective motive, a criminal record from which not removed or not
It is extinguished in the set order;
the position of the person who is responsible for
The exercise of the procurement procedure was condemned for the crime,
associated with a violation of the procurement procedure, or another crime,
Committed from a corrective motive, a criminal record from which not removed or not
repaid in the order set.
4. Information on the rejection of tender or qualification
proposal and reason for rejection is filed by the customer in the report
the results of the procurement procedure and for seven
The calendar days are reported to a participant who is allowed to be unapproved
the actions provided by this article.
5. The speaker is required to report the date of the conduct
Disclosure of tender or qualifying proposals:
the local level of the corresponding level if the procurement is carried out
For the funds of local budgets;
Supreme Council of the Autonomous Republic of Crimea, if the procurement
For the budget of the Autonomous Republic of Crimea;
Verkhovna Rada of Ukraine if the procurement is carried out for other
Public funds ";
(12) In Article 8:
part of the first after the words "The Vision of the State Procurement"
complemented by the words "information bulletin that publishes Tender"
Chamber of Ukraine ";
In part two:
after the words "The City of Public Shopping" will complement the words
"or in the newsletter that publishes the Tender Chamber of Ukraine";
Complement the paragraph with another such content:
" In case of a customer in the announcement of the planned
Procurement (pre-qualifying) or
The results of the procurement procedure conducted are not indicated or
is the wrong code assigned to the information system on the network
Internet, the announcement is considered to be untapped ";
part of the third complement of the paragraph of the fifth such content:
" The euro course is fixed according to the official course of the National
the Bank of Ukraine, set on the day of departure for publication
the announcement of the bidding or the day of departure
Invitation to participate in bidding-in the case of a torg application
Limited participation ";
complementing the new part of the fourth such content:
" 4. Bulletin of the Information and Analytical Bulletin "Herald"
public procurement " and the information bulletin that releases
Shadow House of Ukraine, when accepting announcements of planned
Procurement (declaration of prior qualification) and
the results of the bidding have the right to check in order,
by the edited edition of these publications, by order of requirements
Information systems on the network
Internet (presence of information
systems in the Internet of the requirements established by this Act, and
the presence and compliance of the code specified in the declaration, the code,
which is assigned to the information system on the Internet).
In case of non-execution or violation by customer requirements
placing information on the information systems on the Internet
Revision of the information and analytical bulletin " Herald of the State
The procurement " and the information bulletin that exposes the Tender Chamber
Ukraine has the right to not accept ads for publication.
Non-public opinion of this Information Act
performing public procurement in information systems on the network
The Internet is suitable for cancelling the bidding. By Value In
documents regarding the exercise of public procurement stipulated by this
By law, untrue data is known about the publication of information in
Information systems in the customer service network
The responsibility of the responsibility of the law ";
13) Article 9 is supplemented by part of the third such content:
" 3. In case of electronic public order
The procurement of information and messages is taken from
using electronic document circulation and electronic
the digital signature in on-line mode ";
(14) Article 11 to exclude;
(15) Article 12 is set out in such an editorial:
" Article 12. Tender Committees
1. The tender committee is created for the organization and
carrying out procedures for the procurement of goods, works and services
funds on the basis of collegiality in decision making, absence
conflict of interest of members of the tender committee and their
impartiality.
2. Contribution of the tender committee, position of the tender committee
are approved by the customer ' s decision. To the tender committee
The customer is unable to enter officials, representatives
participants, their close relatives, officials of the association
enterprises, their representatives and close relatives.
3. The members of the tender committee are representatives of the customer in
the number of at least 5 people.
4. The work management of the tenders
the head assigned by the decision as a suitable
the order of the Act and the official
The signing of the procurement contract. Chairman of the tender committee
arranges his work and carries personal responsibility for
The implementation of the Committee of the Functions.
Chairman of the tender committee appoints deputy (deputies)
Chairman, responsible secretary and determine the functions of each
a member of the tender committee.
5. The decision on questions dealt with by the meetings
The tender committee is accepted by a simple majority vote in
presence of at least two-thirds of the members of the tender committee. In
In the case of equal distribution, the voice of the head of the committee is a
6. The decision of the committee is decorated with a protocol which
signed by all members of the tender committee participating in
vote.
7. Members of the tender committee for six months from the moment
Admission to the tender committee will have to obtain the relevant
certificates or certificates of a installed transit sample
Training or promotion of qualifications on organization and
Implementation of procurement procedures, in order established
An authorized body. Re-raise the qualification or
learning is done not less than once every two years.
8. Specialists, lawyers, economists, consultants and others
physical or legal persons who may be involved
The tender committees on contractual services, according to
the legislation, and the notaries who will make the treaties a
purchase (in the case of a notary certification of the treaties of
a customer ' s purchase of the customer), cannot be members of the tender
the committee and not carrying responsibility for the decision, action or
The inactivity of the tender committee and the staff of the customer,
participant or other persons, and for execution of (non-execution) treaties
on procurement based on the decision of the tender committee
the customer, and for the consequences caused by such decisions, actions or
Inactivity.
9. Order of creation and main functions of tenders
are defined by a separate decision of the authorized body ";
16) Article 13 will complement the paragraph by the seventh such content:
"trade with reduced price (reducito)";
17) in Article 14:
part of the first teaching in such an editorial:
" 1. The main procedures for the exercise of public procurement are
Trade with reduced price (rethinking) and open torches ";
In part two:
in the paragraph of the first word " equals or exceed the sum,
equivalent to 100 thousand euros "replace words" exceeds
500 thousand hryvnias ", after the word" order ", add to the words" or
Receipt of the appropriate conclusion concerning the order of the procedure
The procurement according to section II-1 of this Act ";
paragraph second after the word "order" in the words " or
Receipt of the appropriate conclusion concerning the order of the procedure
The procurement according to section II-1 of this Law ", words" equals
or exceeds the amount equivalent to 5,000 euros for goods and
services and 20,000 euros for work "to replace the words" exceeds
30,000 hryvnia for goods and services and 300,000 UAH to
Works ";
The third to exclude;
Complement the paragraph with this content:
" Responsibility for the application of these procurement procedures
Carries the customer ";
18) complement the article 14-1 such content:
" Article 14-1. Procurement of goods on grounds of interdepartmental
coordination
1. The Cabinet of Ministers of Ukraine approves a list of goods that
Are sealed under inter-agency coordination, the order of its
To be done and by the customer. In case of the plans two and
More of the principal contributors to the State Budget of Ukraine
it is predicted that the purchase of one of the goods is bought at
Conditions of interdepartmental coordination, total greater than
700 thousand UAH, authorized body to give Cabinet of Ministers
Ukraine's proposal for determining the customer.
2. The General Customer:
Provides procedures for procurement of relevant goods according to
legislation and defines the participants-the winners of the procedure
Procurement;
Informs all of the interest of the principal contributors of funds
The State Budget of Ukraine on the results of procurement procedures.
3. The main orders are to negotiate the procurement of goods
with the participants defined by the default winner by the winners for
the results of these procurement procedures, in addition to the cases,
when the product does not meet the requirements of the Chief of the Funds
Ukraine's national budget for its technical characteristics,
quality, supply conditions, prices, etc. In this case, the main
The solver has the right to refuse to make a contract
purchasing, informing about this general customer, and
To self-help the procurement of such a commodity.
4. The general customer after receipt from the customers
messages about the application of tenders and the signing of the treaty
or failure in the acception of tenders will authorize the
the body and all the interest customers report on the results
Performing procurement procedures with a value in it all
Customers ";
(19) a paragraph of the seventh part of the first and part of Article 15
exclude;
(20) Article 16 to exclude;
21) in Article 17:
in part one:
in the paragraph of the third word " participation in the previous
of participants ' qualifications to "replace" with the words "Qualification"
Suggestions ";
paragraph 7 after the words "The Vision of State Procurement"
supplemented with the words " or in the information bulletin that gives
Shadow Chamber of Ukraine ";
in the paragraph of the ninth word "conditions of previous year"
The qualification of the participants "to replace the word";
complementing part of the second such content:
" 2. Report on the results of the procurement procedure (except information,
which 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 ";
(22) complement the section II-1 of this content:
" Section II-1
PUBLIC MONITORING OF PUBLIC PROCUREMENT
"Article 17-1". Public participation in formation and implementation
Public policy in public procurement
1. Citizens, public organizations, their unions participate
in the formation and implementation of public policy in the field of
Procurement by:
participation in the development, discussion of projects of legislative and other
Legal and regulatory acts in public procurement;
ensure free public access to information
for the money spent on the procurement of goods, works and
Services;
ensuring openness, openness, transparency in activities
Cabinet of Ministers of Ukraine, authorized body, disorderly
Public funds in public procurement;
Public consultation, accounting and
Public opinion;
Establishment of the system dialogue of the Cabinet of Ministers of Ukraine,
the authorized body, government funds and
Public;
using other forms provided by the current legislation
Ukraine.
2. Cabinet of Ministers, authorized body,
government funds are required to ensure proper
responding to the appeal of citizens, public organizations and their
Speaker.
3. Citizens, public organizations and their unions do not
the right to intervene in order to order the winner of the bidding.
4. One form of public participation in the formation and
implementation of public policy in the sphere of public procurement is
Shadow House of Ukraine.
Article 17-2. Legal status of the Shadow Chamber of Ukraine
1. The tender house of Ukraine is a non-profit union
organizations, which acts under the current legislation
Ukraine. Tender House of Ukraine does not lead any entrepreneurial
activities and has no right to provide any paid services, but acts
solely for the purpose of fulfilling tasks before it.
By law and its charter. The activities of the Chamber of Commerce of Ukraine are
A transparent to society.
2. Part of the Tender Chamber of Ukraine is voluntary.
3. The Chamber of Justice of Ukraine is a legal entity, has its own
print, form, bank accounts.
4. Local recognition and place of activity of the Chamber of Commerce
Ukraine is the city of Kiev.
Article 17-3. Goals and objectives of the Chamber of Commerce of Ukraine
1. The Chamber of the House of Ukraine is functioning with the aim of facilitating:
development of the state procurement system in Ukraine, transparency
public procurement, increased efficiency and rationality
Spending on public funds, providing information and methodical
Accompanying public procurement, increased competition in the market
public procurement, the formation of modern state infrastructure
purchasing, raising professional and professional level
Public procurement specialists
public control. Shadow House of Ukraine is independent in
Your activities.
2. The Chamber of Commerce of Ukraine is free of charge:
develops methodological materials about the organization and the conduct of
Government of tenders (tenders);
Provides suggestions for the improvement of regulations
In the area of public procurement;
organizing conferences, round tables, workshops on issues
Public procurement;
Provides a consideration of complaints by the Commission on complaints of complaints
The tender chamber of Ukraine in the order stipulated by this Act;
in case the request from the customer, the attendee,
Authorized body, control bodies, other public
organs, citizens, public organizations or independently, in
the order of public control, provides appropriate
Conclusions concerning the compliance of public procurement procedures, and
As well as the election of the customers of the procurement procedure, according to the
By law and in cases stipulated by this Act;
in case of receipt of the request from the Verkhovna Rada of Ukraine,
People's Deputies of Ukraine, Committee of the Verkhovna Rada of Ukraine,
Provisional commissions of the Verkhovna Rada of Ukraine, Cabinet
Ministers of Ukraine, authorized body, control bodies,
other public bodies authorized to exercise control
functions, participants, citizens, public organizations or
self-self-control in order to implement public
conclusions about the effectiveness of use by customers of the
Funds at all stages of procurement;
Conduct legal, economic research in the public sector
Shopping;
Provides conclusions on the issues of public procurement;
analyse markets and prices of goods, works and services in
Public procurement;
Other activities foreseen in its status.
3. Speakers, participants in procurement procedures, authorized
bodies appeal to the Tender Chamber of Ukraine exclusively on
Voluntary services.
4. The conclusion of the Shadow Chamber of Ukraine is provided as well.
by relevant law enforcement, other public
The authorities of the inspections of the legality of the State
their appeals, considering cases by the courts, in other cases,
Under the Constitution of Ukraine.
5. The conclusion of the Shadow Chamber of Ukraine is provided for
30 calendar days from the day of receipt of the corresponding query in the order,
established by the Tender Chamber of Ukraine.
6. Speakers and participants in relation to such a conclusion
provide the Tender House of Ukraine copies of the relevant documents, for
The exception of those containing protected by the law of the mystery.
7. Responsibility for completeness and authenticity of the information provided
documents and materials for training and providing tender
The House of Ukraine relevant conclusions rests on the
The following documents and materials are provided.
8. When detected during review and analysis of documents and
materials on the exercise of public procurement of violations of the current
legislation in the area of public procurement, violations under
implementation of relevant inspections by the monitoring bodies, as well as in
If a pressure is taken from members or workers of the Tendering Chamber
Ukraine on the side of any physical or legal entity of Tender
The House of Ukraine has a
send information to appropriate bodies for their own lives
Adequate measures;
inform local councils of the appropriate level, the Supreme Council
Autonomous Republic of Crimea, Verkhovna Rada of Ukraine, Committee
Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, Commissioner
Organ and public;
publish prepared conclusions on detected violations
or other information in the media, conduct a
Public hearings on these issues.
9. The Chamber of Commerce of Ukraine is free to promote:
Public procurement;
Opinion of public opinion in the conduct of public opinion
Policy in public procurement;
carrying out public public discussions on issues
Spending public funds on purchases of goods, works and services;
Meeting of the Advisory Committee on the
with the public relations of proposals and comments on the formation and
implementation of public policy in public procurement.
10. The Chamber of Commerce of Ukraine is the founder of the
information bulletin, other media.
11. The Ukrainian Chamber of Commerce is free of charge to the Supreme Court of Ukraine
Council of Ukraine, People's Deputies of Ukraine, Verkhovna Rada Committee
Ukraine, interim investigators of the Verkhovna Rada of Ukraine, Cabinet
Ministers of Ukraine and Commissioner of Information and Analytical Sciences
materials regarding public procurement, if necessary
Relevant findings and materials.
12. Activities of the Tender Chamber of Ukraine, as well as the results
such activities can be challenged in a judicial order
The law is under way
"Article 17-4". Governing and controlling organs
1. The main organs of the Chamber of the Chamber of Ukraine are its congress and
The Board
2. The control body of the Chamber of the Chamber of Ukraine is its
The revision of the commission.
3. Powers of the governing and controlling organs of the Tender
The Ukrainian Chamber is determined by the statute of the Republic of Ukraine and the
This is the Law.
Article 17-5. Supervisory board and state care for activities
Shadow Chamber of Ukraine
1. The members of the Supervisory Board of the Tender Chamber of Ukraine
three representatives from the authorized body and one
Representative from the Ministry of Finance of Ukraine,
Justice of Ukraine, Main Audit Office
Ukraine, the Accounts Chamber, the Anti-Monopoly Committee of Ukraine,
State Treasury of Ukraine, as well as three People's Deputies
Ukraine for the post of the Committee of the Verkhovna Rada of Ukraine,
to the subject of which legislation is owned
The Accounts Chamber, State Treasury of Ukraine, State University
-Civil service. Tent House of Ukraine
the decision may be made up to the composition of the Supervisory Board of other persons.
2. The Chairman of the Supervisory Board is the representative of the authorized
Organ.
3. All members of the Supervisory Board for the office enter the
A commission to review complaints of the Tender Chamber of Ukraine.
4. Members of the Supervisory Board cannot be members of the board
Shadow House of Ukraine.
5. Members of the Supervisory Board perform their functions on
A public service.
6. The Supervisory Board is an advisory body.
7. The Supervisory Board:
gives recommendations and proposals to the board of the Shadow House
Ukraine to ensure the effective work of the Chamber of Commerce
Ukraine;
Approves its decision by the work of the Supervisory Board;
If necessary, if necessary, the call will be convened;
Proposes changes to the statute of the Shadow Chamber of Ukraine;
Exercise within its limits of care
The tender chamber of Ukraine requirements of this Act;
Participate in public discussions and hearings;
contribute to the implementation of the Tender Chamber of Ukraine of its tasks and
functions;
executes other functions provided by the statute of the Tender Chamber
Ukraine and the Law.
8. The Supervisory Board acts solely within the limits of the
As predicted by the Statute of the Chamber of Commerce of Ukraine and the Law.
The Recommendation of the Supervisory Board is mandatory for accounting
The tender house of Ukraine in part that is not contrary to the law ";
23) in part of the first article 18:
the numbers and the word "8 and 16" replace the numbers and the word " 4-1 and
8 ";
words "if the previous qualification of participants was conducted" and
Second sentence to exclude;
(24) complement the article 18-1 such content:
" Article 18-1. Previous qualification for bidding
limited participation
1. A speaker with limited participation
The right to carry out the prior qualification of participants.
2. Information on pre-qualification
participants are published and published by customers according to
Articles 4-1 and 8 of this Act.
3. In the announcement of pre-qualification
participants are necessarily noted:
The naming and legal address of the customer;
type, number and place of goods supply, view and location
Performance or service of services;
Lines of delivery of goods, execution of work, provision of services;
ways and place of receipt of the qualification documentation and
the size of the fee for it (if the fee is set);
Number and lines of submission of qualifications;
The location and date of disclosure of the qualification proposals;
the address of selected information systems in the network
Internet and codes assigned by information systems on the network
Internet.
4. Qualification documentation is provided (sent)
participant within three working days from the day of its payment or from the day
Receive the appropriate request if no payment is set.
The document to pay the qualification documentation is sent or
provided to the participant in a two-day term from the day of receipt of
the appropriate request. The qualification documentation is mandatory
contains:
training and training instructions
Suggestions
Qualification requirements;
compressed statement of criteria and conformity assessment procedures
Qualification requirements;
information about documents required to attendee
Confirm compliance with the specified qualifying requirements;
information about the necessary technical and qualitative specifications
the subject of the procurement, including:
-appropriate technical specification, plans, drawings,
Pictures
Amount of goods;
-a place where the works of work or services are met;
-additional services to be provided;
-lines of delivery of goods, execution of works, provision of services;
a description of a separate part or part of the subject matter of the procurement (lot),
concerning whom the tender proposals may be submitted if
participants are allowed to submit tender proposals only about
Parts of goods, works or services that are bought;
the language (s) that should be composed
Qualification proposals;
the way, places, and end-line of the submission
Qualification proposals;
Schedule of the procedure for qualification of qualifications
documentation, as well as the message of the customer ' s intention to conduct
Meeting participants
the location, date and time of the qualifying
Proposals;
the name, position and address of one or more
officials or other staff of the customer, authorized
To communicate with the participants;
another information that the customer considers to include up to
Qualification documentation.
5. Technical specification, plans, drawings, drawings or descriptions
the subject of the procurement required by the customer shall contain:
a detailed description of the goods, works, coupons, from
Teaching of objective technical and qualitative characteristics;
Requirements for the technical characteristics of the subject
the procurement in case the description of the syllable is impossible or when more feasible
There are indications of such indicators;
reference to standard characteristics, requirements, conditional
designation and terminology of goods, works or services,
purchase, using existing international or
national standards, norms and regulations.
6. Technical specification should not contain links to
a specific trade mark or firm, patent, design or type
the subject of a purchase, source of its origin or manufacturer. In case
when such a link is necessary, the specification must contain
expression "or equivalent".
7. Qualifying proposals are submitted without a price.
The sentences of the qualification proposals must be uninstalled
less than 15 calendar days. Customer commits the selection of participants to
further participation in the trading procedure with limited participation exclusively on the
based on the terms of the conditions specified in the qualification
documentation, 14 calendar days from the date of disclosure
Qualification proposals.
8. The speaker for five calendar days after completion
the previous qualification of the participants tells each participant that
took part in it, about the results of it being done.
9. Before further participation in the trading procedure with limited participation
are invited only to those who have gone through the results
-The last qualification of the participants. Submission Lines
Tender proposals after pre-qualification
participants must be at least 10 calendar days ";
25) in Article 21:
part of the first complement of the paragraph twenty-sixth of such a
content:
" other information that the customer considers to include
to tender documentation ";
Add parts to the fourth and fifth of the following:
" 4. The tender documentation can be defined
relationships and calculations between the customer, the experts,
consultants, participants, information systems on the network
The Internet according to civil law.
5. Tender documentation should not contain the requirements that
limit competition and lead to discrimination against participants ";
26) part of the second article 22 after the words " tender
"complementing the words" by continuing with the following
Presentation and disclosure of tenders ";
(27) in Article 23:
in part one word "must" replace the words " has
Right ";
in part two of the word "one percent" to replace the words " not
more than one percent "and the words" five percent " replace
"no more than five per cent";