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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 2, 2022 No. 185

Some questions of implementation of public purchases of goods, works and services for satisfaction of urgent requirements of functioning of the state in the conditions of warlike situation

(as amended on 22-07-2022)

According to article 12-1 of the Law of Ukraine "About legal regime of warlike situation", 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 Ukrainian Railroad joint-stock company is authorized to act:

the customer when implementing purchases of goods, works and services at the expense of own means, means of the government budget, other raised funds for implementation of actions for smooth functioning of rail transport, in particular, fuel and lubricants, the electric power, medicines, immunobiological medicines (vaccines), medical products, supportive applications to them, the medical equipment, to carrying out first-priority emergency recovery operations on objects of railway infrastructure and necessary repair of power and railway vehicles;

the payer under tripartite agreements under which customer are military authorities and/or the central executive bodies on implementation of purchases at the expense of means of the government budget for satisfaction of compelling needs of functioning of the state (on acquisition of necessary food products, and also packaging goods for their packing, fuel, medicines, immunobiological medicines (vaccines), medical products, supportive applications to them, the medical equipment, construction materials for first-priority emergency repair work on objects which are damaged owing to fighting, fee on storage and/or conversion of grain);

the broker according to multi-lateral external economic agreements (contracts) on purchases providing import to customs area of Ukraine in import regime of necessary food products that are determined in appendix 1 to the resolution of the Cabinet of Ministers of Ukraine of March 20, 2022 No. 328 "Some questions of providing the population with food products of long-term storage in the conditions of warlike situation" - with the changes made by the resolution of the Cabinet of Ministers of Ukraine of March 26, 2022 No. 373 (further - the imported food products). Consignors under the specified agreements (contracts) are military authorities and/or the central executive bodies;

2) purchase of the goods, works and services determined by the subitem 1 of Item 1 of this resolution is performed according to the resolution of the Cabinet of Ministers of Ukraine of February 28, 2022 No. 169 "Some questions of implementation of defensive and public purchases of goods, works and services in the conditions of warlike situation" taking into account the following features:

the Ukrainian Railroad joint-stock company independently determines lists and purchasing amounts of the goods, works and services performed at the expense of own and raised funds according to domestic situations of society;

the list and purchasing amounts for budgetary funds of goods, works and services for actions for smooth functioning of rail transport in the conditions of warlike situation are determined by the Ministry of infrastructure of representation of Ukrainian Railroad joint-stock company;

3) 3) under the agreements provided by paragraphs the third and fourth the subitem 1 of Item 1 of this resolution, payment is performed in coordination regarding approval of lists of products (services), suppliers (contractors of services), amounts and prices for products (service) which are bought of the sizes and terms of advance payment:

for food products, packaging goods for their packing and service in storage and/or conversion of grain - with the Ministry of Agricultural Policy and Food;

for medicines, immunobiological medicines (vaccines), medical products, supportive applications and the medical equipment - with the Ministry of Health if the military authorities and/or the central executive body acts as the customer (except the Ministry of Health);

if customer is the Ministry of Health, - lists and purchasing amounts of medicines, immunobiological medicines (vaccines), medical products, supportive applications to them, the medical equipment under the agreements provided by the paragraph third the subitem 1 of Item 1 of this resolution affirm the Ministry of Health. At the same time suppliers of medicines, immunobiological medicines (vaccines), medical products, supportive applications to them, the medical equipment are determined by the Ministry of Health with respect for the principles of implementation of public purchases. Distribution of the purchased medicines, immunobiological medicines (vaccines), medical products, supportive applications to them, the medical equipment, determined by this paragraph, is performed by the Ministry of Health in military authorities;

for fuel - with the Department of Energy;

the paragraph of the sixth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 01.07.2022 No. 752

for the imported food products - with the Ministry of Economics;

for construction materials for first-priority emergency repair work on objects which are damaged as a result of fighting, - with the Ministry of development of communities and territories.

4) write-off from accounting food, including imported, and also packaging goods for their packing, fuel, medicines, immunobiological medicines (vaccines), medical products, supportive applications to them, the medical equipment, construction materials for first-priority emergency repair work on objects which are damaged owing to fighting which customer are military authorities and the central executive bodies under the agreements provided by the paragraph third the subitem 1 of Item 1 of this resolution is performed based on decisions of the commissions formed by the relevant military authorities and the central executive bodies which created the order;

write-off from accounting of medicines, immunobiological medicines (vaccines), medical products, supportive applications to them, the medical equipment which customer is the Ministry of Health under the agreements provided by the paragraph third the subitem 1 of Item 1 of this resolution is performed by the commission of the Ministry of Health based on decisions of the commissions formed by the relevant military authorities in which distribution of the purchased goods was performed;

5) purchase of the imported food products, the expenses of Ukrainian Railroad joint-stock company connected with delivery of such goods to customs area and their transportation to customers (buyers) on the territory of Ukraine, storage, and also acquisition of foreign currency and customs clearance of goods are performed at the expense of the means of the government budget provided according to the program of the Subvention from the government budget to local budgets on ensuring compelling needs of functioning of the state in the conditions of warlike situation".

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