Supervisory measures carried out by the district prosecutor's office indicate systematic improper compliance by certain entities with legislative requirements when procuring goods (works, services) from a single source using budget funds

In particular, the district prosecutor's office identified numerous instances of improper market research during single-source procurements, which, in turn, led to unjustified excessive spending of budget funds.

At the same time, I draw your attention to the fact that, in accordance with Article 4 of the Law of the Republic of Belarus dated 13.07.2012 No. 419-Z "On Public Procurement of Goods (Works, Services)" (hereinafter - the Law on Public Procurement), the main goals and principles in the field of public procurement are the efficient use of budget funds, as well as ensuring fair and impartial treatment of potential suppliers (contractors, performers).

Facts of inaccurate information being entered into single-source procurement certificates or their untimely placement on the electronic trading platform have been established.

For reference

According to sub-paragraph 3 of paragraph 4 of Article 49 of the Law on Public Procurement, it is stipulated that following a single-source procurement procedure, the customer (organizer) shall draw up and approve a certificate no later than five working days from the date of concluding the contract, which must include, among other things, the volume of the subject of public procurement (quantity), with the exception of cases of acquiring goods (works, services) in accordance with sub-paragraph 3 of paragraph 4 of Article 21 of this Law.

Also, paragraph 1.4 of the Resolution of the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus dated 12.04.2019 No. 30 stipulates that the certificate of a single-source procurement procedure must contain, in addition to the information specified in sub-paragraphs 2-7 of part 2 of paragraph 3 of Article 49 of the Law on Public Procurement, the price (tariff) per unit of goods (works, services) that is the subject of the public procurement contract, information on the compliance of the supplier (contractor, performer) with whom the public procurement contract was concluded with the requirements for participants established by the customer in accordance with paragraph 2 of Article 16 of the Law on Public Procurement.

In connection with the foregoing, I draw your attention to the fact that the requirements of part 2 of Article 15 of the Law "On Combating Corruption" dated 15.07.2015 No. 305-Z oblige state organizations, in the manner established by legislative acts, to conduct tenders, auctions or other procedures provided for by legislative acts, when making decisions, including when conducting procurements.

By virtue of sub-paragraph 12 of part 1 of Article 25 of this Law, a violation by a state official or a person equated to him of the procedure established by legislative acts for conducting tenders, auctions, procurement procedures are offenses that create conditions for corruption.

Deputy Prosecutor

of Beshenkovichi District

Junior Counselor of Justice V.V. Doylidov