On March 22, 2017 the Dnipropetrovsk District Administrative Court adopted a decision concerning the procurement No. UA-2017-02-27-001713-a, UA-2017-02-27-001567-a in the ProZorro system. The Ministry of Defence planned to acquire aviation fuel worth UAH 573 million through these tenders. According to the decision, the Court imposed a ban on any actions by the Ministry of Defence and State Enterprise ProZorro on conducting a further electronic auction.
Without getting into the details of the legal claim of the bidder, we draw attention to the following matters.
We consider it inappropriate to file an application to secure a claim. The applicant demanded the Court to make State Enterprise ProZorro not take no action concerning the auction. However, the law provides that the electronic system ProZorro operates automatically and is not interfered with.
We are convinced that nothing prevented a bidder who filed a claim from participating in the procurement.
ТІ Ukraine interprets the decision of the Dnipropetrovsk District Administrative Court as a dangerous precedent of an attempt to interfere in the stable operation of the public procurement electronic system, which principles guarantees the protection of rights of each bidder. We see in the actions of the applicant an attempt to find a fault in the legislation instead of fair competition.
We also stand for the increase in the level of competency among Ukrainian judges in public procurement. We recommend to involve relevant experts to court processes.