Public procurement reform in Ukraine: system or contingency?

Анотація

Some of the recent amendments to the Law of Ukraine «On Public Procurement» that are under discussion have been analyzed in terms of their general focus and ability to make the system of legal regulation of spending taxpayers' funds in our state more perfect and clear. Large amounts of innovations, their frequency make this task quite difficult, but general trends can be identified. Positive results include the elimination of a number of minor shortcomings in the wording of the above-mentioned law, adopted in September 2019 that makes it possible to clarify and more clearly distinguish between individual concepts, to count the timing of various processes, etc. The new version of the article on the appeal procedure can be considered to be a significant achievement. It is consistent with the provisions of the Law of Ukraine «On the Antimonopoly Committee of Ukraine» and provides transfer of a significant part of the process to an electronic format, incl. using telecommunication systems in interactive real-time mode. At the same time, during appeals, the changes have not affected simplified purchases, since the effect of the relevant article of the law practically does not apply to them. The envisaged appeal to the courts is ineffective and will not prevent dishonest or corrupt practices. An extremely disturbing practice has been revealed to expand the list of cases that are not covered by the law or fall under it just nominally. This contradicts Ukraine's international obligations and increases the risk of corruption component in the implementation of large projects worth dickers billions of hryvnias. The practice of introducing mandatory declaration of the country of goods origin for each nomenclature item indicates the randomness of some of the changes made for incomprehensible purpose. The new draft law of the Ministry of Economy of Ukraine with rather traditional title «... on improving the implementation of public procurement» is another attempt to rewrite the law radically. With such optimistic name, this raises doubts about its expediency, since constant avalanche of volumetric innovations cannot serve as a measure of the entire process quality. The draft amendments submitted for consideration to strengthen state financial control by stopping the implementation or terminating the concluded contracts can have a number of negative consequences.

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