On October 10, during the
Government Session, a decision was adopting on regulations aimed at improving
the efficiency of the public procurement process, which also includes the Human
Rights Defender’s recommendations.
In particular, the Human
Rights Defender’s recommendations were sent to the Prime Minister's Office,
then by the instruction of the Prime Minister, the Ministry of Finance prepared
a draft government decision with the necessary regulations. The Defender values
the importance of cooperation with the Government in such format.
The recommendation of the
Human Rights Defender envisages to clearly
state the precise point of non-conformity in the application to the
participants, when informing them about the results of the tender during application
opening session of the procurement process. Henceforth,
in case of any non-conformity in the procurement process, on the same day the
Secretary of the Commission shall electronically notify thereof, proposing to
correct the non-conformity by the end of suspension period and clearly stating
the precise point of non-conformity
As a reminder, the Human
Rights Defender’s Office has prepared the draft based on complaints received.
In particular, the head of a business company, disagreeing with the results of
an urgent open tender organized for state needs, lodged a complaint to the
person examining procurement-related appeals and applied to the Human Rights
Defender’s Office for the involvement of the Defender as a party to the
investigation of the complaint.
In order to guarantee the
effective protection of the rights of entrepreneurs, the Defender’s
representative was involved as a party to the procurement-related appeal’s
investigation to ensure the effective protection of entrepreneurs’ right. As a
result, the complaint of the entrepreneur who participated in public
procurement was satisfied.
According to the Human
Rights Defender, the adopted amendments will ensure compliance with the
principles of certainty and clarity in the procurement process by state bodies.
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