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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 15, 2025 No. 452

About approval of the Procedure for work on the state guaranteeing goods quality, works and services of defensive appointment

According to the paragraph the seventh Item of 1 part one of article 4 of the Law of Ukraine "About defensive purchases" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for work on the state guaranteeing goods quality, works and services of the enclosed defensive appointment.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 15, 2025, No. 452

Procedure for work on the state guaranteeing goods quality, works and services of defensive appointment

General part

1. This Procedure determines the mechanism of the organization and work by the state guaranteeing goods quality, works and services of defensive appointment (further - the state guaranteeing quality) that according to the Law of Ukraine "About defensive purchases" are bought from domestic subjects of managing for ensuring needs of the sector of safety and defense (further - internal purchases) and subjects of managing (organizations) of state members of the North Atlantic Treaty Organization (NATO) and the partner states in case of implementation of the external economic agreements (contracts) for purchase and delivery of goods, works and services of defensive appointment (further - goods, works and services).

Action of this Procedure does not extend to quality control of goods, works and services, performed by representations of the state customers in the sphere of defense (further - representations of the state customers) according to Regulations on representations of the state customers in the sphere of defense at the companies, in organizations and the organizations, the approved resolution of the Cabinet of Ministers of Ukraine of October 21, 2009 No. 1107 (The Official Bulletin of Ukraine, 2019, No. 81, Art. 2737; 2021, No. 21, Art. 942).

2. In this Procedure terms are used in the following value:

inspection of production processes - check, the analysis and assessment of production processes which have risks of negative impact on goods quality, works and services, for obtaining and assessment of proofs for the purpose of determination of extent of observance of requirements of the public contract (agreement) concerning goods quality, works and services;

processes of ensuring quality set of the interconnected works and actions directed to receipt of confirmation of the fact of fulfillment of requirements of public contracts (agreements) concerning quality;

the actions plan and works on the state guaranteeing quality (further - the actions plan and works) - the document approved by authorized body on the state guaranteeing quality (further - authorized body), the establishing object, the purpose and amount of works for the state guaranteeing quality, condition, the place and terms of carrying out, and also the reporting under results of the state guaranteeing quality;

the representative of authorized body - the official of authorized body who is responsible for the organization and work for the state guaranteeing quality according to the conferred powers;

the protocol of the analysis of risks documents containing data on the revealed risks of negative impact, their estimation and caution concerning them;

risks of negative impact - undesirable situation or condition which negatively influence accomplishment of the quality requirements of goods, works and services determined by the state customers;

system of management of quality set of the interconnected elements of structure and procedures of activities of subjects of managing, and also processes of quality assurance of goods, works and services;

the specialized organizations companies, organizations and the organizations irrespective of pattern of ownership, their structural divisions having appropriate authority on implementation of activities for assessment of conformity of goods, works and services, systems and processes;

standards on ensuring (guaranteeing) quality standards of NATO of the AQAP series, the national standards and military standards identical with standards of NATO of the AQAP series;

technical examination complex of scientific and technical and organizational actions for production of researches (testing) of goods, works and services for the purpose of establishment of their compliance of technical documentation and to requirements of public contracts (agreements) concerning their quality.

Other terms are used in the value given in the Laws of Ukraine "About defensive purchases", "About homeland security of Ukraine", "About public purchases".

3. Works on the state guaranteeing quality are carried out by authorized body according to the Law of Ukraine "About defensive purchases":

at stage before the conclusion of public contracts (agreements) - for confirmation of capability of quality management system of participants of selection to provide fulfillment of requirements of public contracts (agreements) on goods quality, works and services in case of establishment by the state customer of requirements for the state guaranteeing quality;

at stage of accomplishment of public contracts (agreements) - for confirmation of observance of quality requirements of goods, works and services by monitoring of functioning of quality management system of the contractor of the public contract (agreement) in defensive purchases (further - the contractor).

4. In case of implementation of the external economic agreements (contracts) on export commodity import, works and services mutual state guaranteeing quality is performed at the request of authorized body of the state buyer in authorized body of the state supplier based on international treaties on use of system of mutual state guaranteeing quality (further - the international agreements), conditions of the external economic agreements (contracts) and requirements of standards for ensuring (guaranteeing) quality. Exchange of information and interconnection between authorized bodies of the state buyer and the state supplier is performed through the bodies determined by international treaties or through bodies of military management which have appropriate authority to perform the international communication.

5. Works on the state guaranteeing quality are carried out by authorized body (representatives of authorized body) in case the state customer establishes relevant requirements, identification, the analysis and risks assessment by results of which risks of negative impact are revealed is carried out and need of use of the mechanism of the state guaranteeing quality is proved.

The state quality assurance includes the following main works:

establishment of requirements for the state guaranteeing quality by results of identification and risk analysis;

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