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LAW OF UKRAINE

of December 25, 2015 No. 922-VIII

About public purchases

(The last edition from 23-11-2018)

This Law establishes the legal and economic principles of implementation of purchases of goods, works and services for ensuring needs of the state and territorial community.

The purpose of this Law is ensuring effective and transparent implementation of purchases, creation of competitive environment in the sphere of public purchases, prevention of manifestations of corruption in this sphere, development of fair competition.

Section I General provisions

Article 1. Basic concepts

1. In this Law the terms below are used in such value:

1) the authorized electronic platform - the information and telecommunication system authorized by Authorized body which is part of electronic purchasing system and provides registration of persons, automatic placement, obtaining and information transfer and documents when holding procedures of purchases, using of services with automatic exchange of information, access to which is provided by means of the Internet. The procedure for authorization of electronic platforms is determined by the Cabinet of Ministers of Ukraine;

1-1) automatic indicators of risks - criteria with the parameters set in advance which use gives the chance automatically to perform the choice of procedures of the purchases containing signs of violations of the law in the sphere of public purchases;

2) the affiliated companies - divisions of the customer which property and transactions are specified in the consolidated balance of the customer, or subjects of managing concerning which the customer exercises control or which together with the customer are under control of other subject of managing;

3) the web portal of Authorized body concerning purchases (further - the web portal of Authorized body) - the information and telecommunication system which part the module of electronic auction and the database and which is part of electronic purchasing system are and provides creation, storage and promulgation of all information on purchases, running an electronic auction, automatic exchange of information and documents and use of services with automatic exchange of information, access to which is provided by means of the Internet. Ensuring functioning of the web portal of Authorized body is performed including due to provision to the authorized electronic platforms of paid access to the module of electronic auction and the database. The procedure for provision of access and the amount of payment are established by the Cabinet of Ministers of Ukraine;

4) activities in certain spheres of managing - the activities performed in one or several of the following spheres:

ensuring production, transportation, delivery and gas storage;

ensuring production, transportation and delivery of heat energy;

ensuring production, transfer, distribution, purchase and sale, delivery of electrical energy, centralized dispatching (operational and technological) management of the integrated power system of Ukraine;

ensuring production, transportation and supply of drinking water, ensuring functioning of centralized water disposal;

provision of services on use of infrastructure of rail transport public, ensuring functioning of urban electric transportation and operation of its objects for provision of services for transportation;

provision of services of bus stations, ports, airports, services in aeronautical servicing of flights of aircrafts;

rendering services of mail service, geological studying (including trial development of fields) oil-and-gas subsoil, coalfields and other types of solid fuel;

ensuring functioning and operation of telecommunication networks of fixed telephony public or provision of public telecommunication services;

ensuring transportation, storage, conversion and oil products crude;

ensuring functioning of the market of electrical energy, the market "for the days ahead" and the intra daily market, the balancing market, the market of support services, and also provision of services of the administrator of calculations, the administrator of commercial accounting, the operator of the market, the guaranteed buyer according to the Law of Ukraine "About the market of electrical energy", provision of support services in the market of support services and services in providing public concerns in the course of functioning of the market of electrical energy according to the Law of Ukraine "About the market of electrical energy".

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