Experts Presented Recommendations for Future Procurement Legislation Development

On 29 August, the Project presented their proposals concerning procurement legislative alignment in view of the Public Procurement Reform Strategy/Roadmapunder the EU-Ukraine Association Agreement. The presented Report had been developed with an emphasis on ensuring the correct transposition of the EU Directives while, at the same time, taking into account the Ukrainian legislative environment.

The proposals cover the areas that have proven to be quite challenging in a Ukrainian context as well as in areas where similar rules have not existed so far. These concernthe definition of contracting entities and contracts, the calculation of the value of contracts, mixed contracts, restricted procedure and award criteria. In addition, the Report addresses an area only sparsely regulated by the EU Public Procurement Directives but nevertheless of importance for their enforcement – the question of liability in case of unlawful tenders. The Report concludes with recommendations as to how the drafts and comments should be/could be best used in the EU approximation process in respect of public procurement in Ukraine.

Relevant solutions from EU Member States’ legislation have been examined and used in the Report.

The Report is made available to public procurement specialists and other interested stakeholders via the Project website.