Verkhovna Rada has registered The Draft of Law “On amendments to some Laws of Ukraine” (about approximation national legislation to international standards and overcoming corruption in sphere of public procurements) №2087-1 от 26.06.2015.
Draft proposes to include local self-government authorities to the categories of general customers except of public authorities.
Beside that, Draft suggests to upgrade the cost border for application of the law for procurement procedures from 100 000 UAH to 100 non-taxable minimums of income the proportion of which is established to 1st of January of tax reporting year, and Works – from 1 million UAH to 1100 non-taxable minimums of income the proportion of which is established to 1st of January of tax reporting year.
At the same time, The Draft offers to reconsider a value of the subject of procurement annually in recognition of consumer price index, producer price index, and not every 24 months according to current Law “On realization of public procurements”.
The Draft provides cancellation of necessity to verify the law compliance of the Customer by the State Treasury service of Ukraine regarding the form of the document and rules for its filling according to the valid Instructions for filling such forms (if available) or published on the web-site of Ministry of economic development and trade.
Additionally the Draft provides to determine that Decision of Competitive bidding Committee which is confirmed by the protocol shall include all the results of individual voting of Committee’s members, for all of questions and signed by all members, who attended a session of Committee. For today the Law of Ukraine “On realization of public procurements” does not contain such rule.
Apart from that on demand of participant of competitive bidding the offers of such bidding may be disclosed, allowing access to documents that contain information about the price and availability or absence of all necessary documents foreseen by documentation of competitive bidding and also declaring name and location of each of participants, price of each offer of competitive bidding or of the part of subject of purchase.
The Draft also proposes to publish on the web-site of Ministry of economic development and trade the information about the advantages of the winner of bidding in comparison with the other participants’ offers.
If Verkhovna Rada of Ukraine adopts this Draft, it will come into force on the 1st of January 2016.
Adopting this process will stimulate the transparency the public procurements and mitigate the risks of corruption crimes.
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