Violations in the Field of Public Procurement

The Beshenkovichi District Prosecutor's Office conducted an analysis of the compliance of economic entities in the district with the requirements of legislation on public procurement of goods (works, services).

The main principles of public procurement are transparency and openness of the public procurement process, development of fair competition, ensuring fair and impartial treatment of potential suppliers (contractors, performers), as well as preventing corruption in the field of public procurement.

According to sub-paragraph 3 of Article 1 of the Law "On Public Procurement of Goods (Works, Services)", public procurement means the acquisition of goods (works, services) wholly or partially at the expense of budget funds and/or funds from state extra-budgetary funds by recipients of such funds.

For the purposes of public procurement, a customer is considered to be a legal entity that is a recipient of budget funds and/or funds from state extra-budgetary funds for the acquisition of goods (works, services) and carries out such acquisition, as well as another legal entity in cases determined by the Council of Ministers of the Republic of Belarus.

The requirements of Article 18 of the Law of the Republic of Belarus "On Public Procurement of Goods (Works, Services)" and paragraph 10 of the Regulations on the Procedure for Posting Information on Public Procurement and Legislative Acts on Public Procurement on the Official Website, approved by Resolution of the Council of Ministers of the Republic of Belarus dated 22.08.2012 No. 778, oblige customers to approve an annual public procurement plan annually and to post it on the official website by March 8 of the current year.

However, upon reviewing the data on the official website www.icetrade.by regarding the annual procurement plans posted by recipients of budget funds, it was found that, in violation of the above requirements, some economic entities in the district failed to take measures to approve annual public procurement plans and post them on the official website www.icetrade.by by 08.03.2017.

Violations were committed by the majority of agricultural organizations in the district, as well as by one rural executive committee.

Based on the results of the analysis, the district prosecutor issued directives to the heads of organizations and enterprises that committed violations of legislation on public procurement of goods (works, services), demanding immediate elimination of the identified violations.

Assistant District Prosecutor
2nd Class Lawyer
V.V. Larkova