The Verkhovna Rada adopted the new draft law on public procurement No. 11520 in the first reading. It is intended to introduce European integration changes into procurement and improve the field in general.
According to Ukraine’s commitments before the World Bank, we must harmonize public procurement rules with European ones by the end of the third quarter of 2024, that is, by October. This is the reason for such a quick passing of the draft law through the first stages of consideration in the parliament. The draft law was registered in the Verkhovna Rada on August 23; on August 30, the committee on economic development recommended that it be included in the agenda.
The draft law offers a number of positive changes, in particular, the best wartime innovations will be enshrined in it, electronic contracts will be introduced, and thresholds will be raised. However, it contains a number of risks that need to be addressed, including:
- detailing new procurement procedures and tender bid options;
- regulating the use of non-price criteria;
- limiting the powers of the Cabinet of Ministers in determining which procuring entities can purchase certain goods only through the e-catalog or dynamic procurement system, which procuring entities can purchase certain goods through reserved contracts, and what proportion of the annual demand to cover with them.
As many shortcomings as possible must be eliminated between the first and the second reading. Some of them are likely to be rectified after the adoption of the law.
The law will come into force 9 months after its full adoption; meanwhile, the government will regulate the features of public procurement until the end of martial law.
This publication was prepared with the financial support of the European Union. Its content is the sole responsibility of Transparency International Ukraine and does not necessarily reflect the views of the European Union.
