Compliance with Legislation Requirements in Public Procurement of Goods (Works, Services)

According to Article 1 of the Law of the Republic of Belarus dated 13.07.2012 No. 419-Z "On Public Procurement of Goods (Works, Services)", public procurement is defined as the acquisition of goods (works, services) fully or partially at the expense of budget funds and (or) funds of state extra-budgetary funds by recipients of such funds, as well as relations related to the execution of a public procurement contract.

Relations arising in connection with the implementation of public procurement in the Republic of Belarus, including the process of selecting a supplier (contractor, performer) and concluding a public procurement contract with them, are regulated by legislation.

At the same time, violations of the specified legislation may lead to inefficient spending of funds allocated for public procurement, violate the principle of fairness and impartiality of public procurement, which in turn may contribute to the commission of corruption offenses, and are therefore unacceptable and subject to unconditional exclusion from practice.

However, in the past period of 2023, the district prosecutor's office revealed multiple violations of legislative requirements during public procurement.

Thus, based on the results of the conducted inspections, the district prosecutor's office issued 3 submissions, 1 order, 6 officials were brought to disciplinary responsibility, and 3 individuals to material responsibility.

It should also be noted 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 during procurement.

In addition, by virtue of sub-paragraph 12 of Part 1 of Article 25 of the said Law, a violation by a state official or a person equated to them of the procedure for conducting tenders, auctions,

procurement procedures are offenses that create conditions for corruption.

Deputy District Prosecutor

Junior Justice Advisor V.V. Doylidov