RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 28, 2022 No. 169

Some questions of implementation of defense purchases of goods, works and services in the conditions of warlike situation

According to article 64 of the Constitution of Ukraine, article 12-1 of the Law of Ukraine "About legal regime of warlike situation", to Item 3 parts one of article 4 of the Law of Ukraine "About defense purchases", to the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:

1. Determine that in the conditions of warlike situation:

1) the state customers in the field of defense and service of the state customer (further - the state customers in the field of defense) conduct procurement of goods, works and services of defense appointment without application of types (procedures) of the purchases determined by the Law of Ukraine "About defense purchases".

1-1) No. 1178 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 12.10.2022

2) lists and purchasing amounts of goods, works and services of defense appointment are determined by decisions of the state customers in the field of defense, the conducting such procurements;

3) when implementing defense purchases the state customers in the field of defense shall according to the Law of Ukraine "About defense purchases" adhere to such principles of implementation of defense purchases:

timeliness and compliance to the made decisions on protection of national interests of Ukraine, ensuring requirements of safety and defense;

efficiency of use of means, effectiveness.

Such purchases do not join in the annual plan of purchases. By results of implementation of such purchases in electronic purchasing system provided that the cost of purchase constitutes or exceeds 50 thousand hryvnias, the state customer in the field of defense will promulgate the report on the purchase agreement concluded without use of electronic purchasing system, the purchase agreement, and also all amendments and changes to it after its conclusion, but not later than in 70 days from the date of the termination or cancellation of warlike situation in Ukraine or in its certain areas. The requirement about promulgation is not applied to agreements which contain information with limited access;

4) No. 201 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 05.03.2022

4-1) responsible for the organization and carrying out defense purchases can be the authorized person of the state customer in the field of defense or other person determined by him;

5) advance payment of goods, works and services of defense appointment is performed for term and in the sizes determined by the state customers in the field of defense in public contracts (agreements) on purchase of goods, works and services;

5-1) military authorities, village, settlement, city councils, their executive bodies during purchase of individual protection equipment can perform advance payment for term and in the sizes determined in purchase agreements of goods and services;

6) action of item 4 and paragraph two of Item 6 of the resolution of the Cabinet of Ministers of Ukraine of December 4, 2019 No. 1070 "Some questions of implementation by managers (receivers) of budgetary funds of advance payment of the goods, works and services which are purchased for budgetary funds" (The Official Bulletin of Ukraine, 2020, No. 2, of the Art. 64) does not extend to the state customers in the field of defense and military authorities during implementation of advance payment according to subitem 5-1;

7) the state customers in the field of defense for implementation of advance payment on capital expenditures and according to public contracts (agreements) can transfer in case of need funds to suppliers of goods, contractors and service providers (except nonresidents) into the accounts opened on their name in national banks with subsequent use of the specified funds only for the purposes determined by public contracts (agreements) on purchase of goods, works and services with provision of supporting documents.

8) the summary three-year procurement plan of goods, works and services of defense appointment in the closed purchases is not constituted and does not move on approval to the Cabinet of Ministers of Ukraine.

Offers to the project of summary three-year procurement plan of goods, works and services of defense appointment on the closed purchases move the state customers in the field of defense to the Ministry of questions of strategic industries within three months from the date of the termination or cancellation of warlike situation.

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