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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 12, 2022 No. 1178

About approval of features of implementation of public purchases of goods, works and services for the customers provided by the Law of Ukraine "About public purchases" for action of legal regime of military condition in Ukraine and within 90 days from the date of its termination or cancellation

(Extraction)

According to Item 3-7 of the Section X "Final and transitional provisions" of the Law of Ukraine "About public purchases" the Cabinet of Ministers of Ukraine decides:

1. Approve features of implementation of public purchases of goods, works and services for the customers provided by the Law of Ukraine "About public purchases" for action of legal regime of military condition in Ukraine and within 90 days from the date of its termination or cancellation which are applied.

2. Determine that:

customers are forbidden to conduct public procurements of goods, works and services at legal entities - the residents of the Russian Federation / Republic of Belarus of the state pattern of ownership, legal entities created and/or registered according to the legislation of the Russian Federation / Republic of Belarus and legal entities, final beneficial owners (owners) of which are residents of the Russian Federation / Republic of Belarus and/or physical persons (physical persons - entrepreneurs) - residents of the Russian Federation / Republic of Belarus, and also public purchases at other subjects of managing performing sales of goods, works and services as origin from the Russian Federation / Republic of Belarus, except for the goods, works and services necessary for repair and servicing of the goods acquired before entry into force of this resolution;

the report on the purchase agreement signed without use of electronic purchasing system 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" (The Official Bulletin of Ukraine, 2022, No. 25, of the Art. 1254), and also the purchase agreement, all appendices and changes to it are published by the customer within 90 days from the date of the termination or cancellation of legal regime of warlike situation in Ukraine if by the customer such report, the purchase agreement, all appendices and changes to it before entry into force of this resolution is not promulgated;

the purchases of goods, works and services begun before entry into force of this resolution come to the end according to the procedure, acting before entry into force of this resolution.

3. Bring the enclosed changes in acts of the Cabinet of Ministers of Ukraine.

4. Provide to the Ministry of Economics provision of the generalized answers of advisory nature on application of provisions of this resolution.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 12, 2022 No. 1178

Changes which are made to acts of the Cabinet of Ministers of Ukraine

1. According to the procedure of functioning of electronic purchasing system and carrying out authorization of electronic platforms, No. 166 approved by the resolution of the Cabinet of Ministers of Ukraine of February 24, 2016 (The Official Bulletin of Ukraine, 2016, No. 22, Art. 855; 2019, No. 66, Art. 2258, No. 90, Art. 3000):

Item 9 to state 1) in the following edition:

"9. In case of placement in the electronic purchasing system of information of harmful and/or offensive nature and/or information which is not concerning purchase execution, the Authorized body based on the decision of the commission makes the decision on provision to the administrator of permission to the termination of public access to such information.

In case of placement in electronic purchasing system of information containing personal data of person which did not provide consent to their publication the Authorized body accepts based on the decision of the commission the decision on provision to the administrator of permission to the termination of public access to such information technical means.";

2) to add the Procedure with Item 9-1 of the following content:

"9-1. In case of promulgation in electronic purchasing system of information with limited access or information which disclosure during action of legal regime of military condition in Ukraine can pose threat for homeland security and/or public safety and procedure, according to the address of the customer promulgated such information in electronic purchasing system, the administrator makes actions in electronic purchasing system for the termination of public access to such information based on the decision of the commission on provision to the administrator of permission to the termination of public information access with limited access or information which disclosure during action of legal regime of warlike situation in Ukraine can pose threat for homeland security and/or public safety and procedure.";

Item 13 to state 3) in the following edition:

"13. Conditions of use of electronic purchasing system for implementation of purchase which cost is less than the cost, article 3 of the Law specified in part three, for the purpose of implementation of selection of the supplier of goods (goods), predostavitel of services (service) and the contractor are determined by the administrator.

Conditions of use by customers of electronic purchasing system for implementation of purchases (except purchases with use of the electronic catalog) according to Item of 11 features of implementation of public purchases of goods, works and services for the customers provided by the Law of Ukraine "About public purchases" for action of legal regime of military condition in Ukraine and within 90 days from the date of its termination or cancellation approved by the resolution of the Cabinet of Ministers of Ukraine of October 12, 2022 No. 1178, are established by the administrator.";

Item 17 to add 4) with subitem 6-1 of the following content:

"6-1) to perform the termination of public information access in electronic purchasing system according to Items 9 and 9-1 of this Procedure;";

Item 26 to add 5) with the subitem 10 of the following content:

"10) consideration of addresses of reception concerning functioning of electronic purchasing system, including about need of implementation by the administrator of the termination of public information access for electronic purchasing system according to Items 9 and 9-1 of this Procedure, and also consideration of addresses of the customer about need of the termination by the administrator of public information access for electronic purchasing system according to Item 9-1 of this Procedure.".

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