RESOLUTION OF THE MINISTRY OF ANTI-MONOPOLY REGULATION AND TRADE OF THE REPUBLIC OF BELARUS

of December 11, 2019 No. 95

About forming and maintaining registers

Based on paragraphs of the seventh and twelfth of article 10 of the Law of the Republic of Belarus of July 13, 2012 No. 419-Z "About public procurements of goods (works, services)", subitems 6.34 and 6.40 of Item 6 of the Regulations on the Ministry of the anti-monopoly regulation and trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of September 6, 2016 No. 702, the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES:

1. Approve:

The instruction about procedure for forming and maintaining the register of claims to actions (failure to act) and (or) decisions of the customer (organizer), the commission on public procurements and (or) her members, the operator of electronic trading platform given to the Ministry of anti-monopoly regulation and trade (is attached);

The instruction about procedure for forming and maintaining the register of agreements of public procurements (is attached).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of December 11, 2019 No. 95

The instruction about procedure for forming and maintaining the register of claims to actions (failure to act) and (or) decisions of the customer (organizer), the commission on public procurements and (or) her members, the operator of electronic trading platform given to the Ministry of anti-monopoly regulation and trade

1. This Instruction determines procedure for forming and maintaining the register of claims to actions (failure to act) and (or) decisions of the customer (organizer), the commission on public procurements and (or) her members, the operator of electronic trading platform given to the Ministry of anti-monopoly regulation and trade (further - the register of claims).

2. For the purposes of this Instruction terms and their determinations in the values established in the Law of the Republic of Belarus "About public procurements of goods (works, services)" are used.

3. Maintaining the register of claims is performed in electronic form in the state information and analytical management system by public procurements (further - the state information and analytical system).

Placement in the register of claims of information is performed in the Russian and (or) Belarusian languages. Names of foreign legal entities (surnames, own names and middle names (in the presence) - for physical persons) can be specified with use of letters of the Latin alphabet.

4. The register of claims is created in the state information and analytical system based on the documents and (or) data placed by the Ministry of anti-monopoly regulation and trade and the operator of the state information and analytical system.

Information containing in the register of claims is public taking into account requirements of the legislation on information, informatization and information security, it takes place and provided gratuitously with use of the official site.

5. The register of claims contains:

addressings (hyperlink) to claims to actions (failure to act) and (or) decisions of the customer (organizer), the commission on public procurements and (or) her members, the operator of electronic trading platform (further - the claim), data on dates of placement of the claim on electronic trading platform and in the state information and analytical system;

the name (surname, own name, middle name (in the presence), data of the identity document (number, date of issue, the body which issued the document), - for physical person, including the individual entrepreneur), the location (residence) and accounting number of the payer (in the presence) the participant or other legal entity or physical person, including the individual entrepreneur making the complaint or their representative, contact phone number;

the name (surname, own name, middle name (in the presence) - for the individual entrepreneur), the location (residence), accounting number of the payer (in the presence) of the customer (organizer), the operator of electronic trading platform, action (failure to act) and (or) solutions of which are appealed;

the name of type of the procedure of public procurement and its registration number assigned by the state information and analytical system, electronic trading platform, specifying of source of financing of public procurement;

acceptance dates of claims to consideration, time and the place of their consideration, terms of suspension of procedures of public procurements;

information on rejection to consideration by the Ministry of anti-monopoly regulation and trade of claims in cases, stipulated in Item the 6th article 53 of the Law of the Republic of Belarus "About public procurements of goods (works, services)";

information on withdrawal of claims before their consideration in essence the Ministry of anti-monopoly regulation and trade;

the decisions made by the Ministry of anti-monopoly regulation and trade by results of consideration of claims;

addressings (hyperlink) to results of conducting checks in the location of the Ministry of anti-monopoly regulation and trade based on studying of the documents and information received by it according to the Law of the Republic of Belarus "About public procurements of goods (works, services)" and other acts of the legislation without reclamation from the checked subject of other documents and information (acts of cameral checks, objections under acts of cameral checks, the conclusions of the Ministry of anti-monopoly regulation and trade on the arguments stated in objections, references of cameral checks);

addressings (hyperlink) to the instructions which are taken out by the Ministry of anti-monopoly regulation and trade, notification on elimination of the revealed violations.

6. The operator of the state information and analytical system to each claim placed in the register of claims assigns the register number consisting of the following elements: the current calendar year and sequence number assigned consistently according to the end-to-end numbering performed within calendar year.

Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of December 11, 2019 No. 95

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