Alexander Yanev spoke about public procurement in the new conditions

August 20 this year a webinar "Public Procurement in the new conditions" was held, during which the associate of Legal Alliance Company Alexander Yanev delivered a speech about the key developments that had taken place due to the adoption of the new Law of Ukraine "On public procurement". The speaker also analyzed how the Law is capable of solving acute problems in the field of public procurement of medicinal products and medical devices.

As it is well-known, on April 10 this year the Verkhovna Rada of Ukraine adopted a new law under the number 1197-VII, which entered into force ten days later and regulates public procurement.

Development of the new law was initiated in order to meet the key requirements of the World Bank, the European Union, the introduction of a number of anti-corruption provisions, and requirements for transparency and openness in public procurement.

The law was designed to solve a number of pressing issues and, therefore, provides for a significant amount of changes.

According to Alexander Yanev "It is premature to assume that the new Law is able to solve all problems that arose earlier in the process of public procurement. Speaking about the transparency of the process, which is aimed at disclosure of certain data about previous and current public procurements on the web portal of the Ministry of Economic Development, it does not allow fully verifying that the submitted proposals of the individual participant are eligible to the qualification criteria and eliminate respective corruption practices. For instance, materials of such proposals relating to compliance of the procurement subject matter with the specifications are not available to other members and the public for inspection. The Law also does not solve the actual problem issues associated with the changes in currency exchange rates. Other issues in the procurement of medicinal products and medical devices in the stage of preparing the specifications, for example, the purchases based on items that are sometimes used for the partial or complete elimination of competition and are periodically subject of consideration by the antitrust authorities Ukraine, are not eliminated as well”.

Summing up his speech, the associate drew the attention of the auditory to the several positive aspects, such as:

• strengthening public control over the public procurement procedures;
• eliminating discriminatory requirements for availability of "its own production facilities and / or service centers in the territory of Ukraine”;
• simplification of disclosure of relevant information about purchases.