15 Implementation of Effective Remedies in Public Procurement in Ukraine_English

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ENI East Regional Conference Public Procurement Complaints Review Agency English

ENI East Regional Conference Public Procurement Complaints Review Agency English

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  • 1. Implementation of effective remedies in public procurement of Ukraine. Institutional framework of the Complaints Review Authority Paris, April 2014
  • 2. Complaints and appeals system • Request to remove infringements occurring during procurement procedures are directly submitted to the contracting authority; • Complaint is submitted to the Complaints Review Authority ; • Claim is filed with a court.
  • 3. • Complainer (bidder who believes that the contracting authority has violated rules of the procurement procedure) can chose any of the remedies or a combination thereof; • The law does not prescribe a mandatory sequence for remedy application
  • 4. Why was AMCU chosen as the Complaints Review Authority ? • Necessary separation of regulatory and control functions in public procurement; • Public agency with a special status; • Special procedures for appointment and dismissal of the AMCU Chairman and Government Commissioners; • The Committee reports to the Parliament of Ukraine; • Special working relations with the Cabinet; • Special procedural framework for the Committee’s operations
  • 5. International commitments • AMCU status within Ukrainian government system is in line with EU Remedies Directive 89/…. and EU-Ukraine FTA; • Complaints and appeals regulations of the Law of Ukraine «On Public Procurement» fully comply with the relevant EU Directives; • Article 2, EU Remedies Directive 89/…., requires the right to award damages to persons harmed by an infringement of public procurement laws; • Further amendments of Article 18 of the Law are only related to the Committee’s practice and are largely editorial
  • 6. Institutional framework of the Complaints Review Authority • The functions of complaints review for public procurement were vested with the Anti- Monopoly Committee of Ukraine when the Law “On Public Procurement” took effect on 30.06.2010; • The Committee has set up a Permanent Administrative Board for Review of Complaints on Public Procurement Infringements (hereinafter the Board); • The Board consists of three Government Commissioners; • The Chairman of the Board must have a degree in law; • The Board is regulated by the law of Ukraine “On Anti-Monopoly Committee of Ukraine” unless otherwise established by the Law of Ukraine “On Public Procurement”; • The Board’s decisions are made on behalf of AMCU.
  • 7. Principles of the Complaints Review Authority • independence; • openness; • publicity; • Decisions can be appealed only with the court; • Objective and unbiased approach