Some features of public procurement during matrial law

Abstract

Ukraine lives under martial law for over 12 months, which, provides for special rules and procedures for exercising the powers of state authorities,enterprises, institutions, and organizations. One of the most important and topical issues for the moment is the implementation of public procurement to meet the needs of the army, medical and rehabilitation facilities, educational institutions, and, to ensure the functioning of the country and society in general. Therefore, this research is devoted to the study of martial law concepts, public procurement, and the peculiarities of algorithms for carrying out public procurement and their application conditions, documentary confirmation of the legitimate implementation of procurement according to the algorithm without the use of open bidding and/or an electronic catalog. In this article, the author researches the regulatory and legal basis of public procurement during martial law, the correlation between the norms of the Law of Ukraine “On Public Procurement” and Cabinet of Ministers of Ukraine Resolutions regulating the issue of public procurement during martial law, as well as other special regulatory and legal acts. Algorithms for public procurement of goods and services worth or over 100,000 UAH, ongoing repair services with the cost starting from 200,000 UAH, other works with the cost over 1.5 million hryvnias, were researched in detail. It was determined that in certain cases the customer can choose the procurement algorithm depending on the circumstances, and attention was also focused on the need for documentary confirmation of the circumstances that allow choosing a simplified public procurement algorithm. Particular attention is paid to the study of procurement conditions without the procedure of open bidding and/or electronic catalog, foreseen in the clause 13 Peculiarities of public procurement of goods, works and services for customers, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1178, the so-called “by exceptions” procurement, as well as other exceptions of the general procedure for public procurement to meet the urgent needs of the state under martial law.