LAW OF UKRAINE

of June 7, 2012 No. 4917-VI

About introduction of amendments to the Law of Ukraine "About implementation of public procurements" concerning implementation of the procedure of electronic reverse auction

The Verkhovna Rada of Ukraine decides:

I. Introduce in the Law of Ukraine "About implementation of public procurements" (Sheets of the Verkhovna Rada of Ukraine, 2010, No. 33, Art. 471 with subsequent changes) such changes:

1. In Article 1:

Part one to add 1) with Items 1-1, 6-1, 6-2, 6-3, 6-4, 8-1, 9, 19-1, 24-1, 26-2, 26-3, of 31-1 following content:

"1-1) subscribers - any physical person or legal entity registered on electronic platform or the web portal of Authorized body";

"6-1) documentation of electronic reverse auction - electronic documents which have obligatory detail - the digital signature and determine requirements of the customer to subject, the agreement, the procedure and procurement participants. Requirements concerning structure and contents of documentation of electronic reverse auction are established by this Law;

6-2) electronic request (further - the request) - the electronic document which confirms the consent of the participant of purchases to sign the purchase agreement on the conditions determined by the customer and contains the documents and data confirming fulfillment of requirements of the customer during purchase execution according to the procedure of electronic reverse auction;

6-3) electronic competitive request (further - the competitive request) - the electronic document containing information on the proposal of the participant concerning the price of the purchase agreement (lot) who moves to the operator of an electronic trading platform directly during trading session of electronic reverse auction;

6-4) electronic platform - the website on the Internet together with set of technical equipment, the software and organizational actions which are used by the operator of an electronic trading platform for carrying out public procurements according to the procedure of electronic reverse auction";

"8-1) tender security - means which are provided upon the demand of the customer by the participant of purchases according to the procedure of electronic reverse auction as performance guarantee of obligations by it concerning the conclusion of the agreement by results of the procedure;

9) purchase electronically - public procurement during which carrying out the electronic document management according to the Law of Ukraine "About electronic documents and electronic document management" is used;

"19-1) operator of an electronic trading platform - the legal entity both state, and other patterns of ownership which state registration is carried out in the territory of Ukraine in the procedure established by the legislation, owning electronic platform, hardware-software means, necessary for its functioning, experience and which qualification of personnel allow to provide holding electronic reverse auctions according to this Law and included in the Register of operators of electronic platforms";

"24-1) applicant - the subscriber who was registered on electronic platform for participation in procurement according to the procedure of electronic reverse auction, carried out on it to electronic platform";

"26-2) regulations of electronic platform - the rules regulating order of interaction between the operator of an electronic trading platform and his subscribers during implementation of public procurements according to the procedure of electronic reverse auction and the relation (including the rights, obligations and responsibility) which develop between them in the course of accomplishment of actions on electronic platform;

26-3) register of operators of electronic platforms - the list containing set of information about the subjects of managing having the right to perform activities for the organization and carrying out public procurements for the procedure of electronic reverse auction";

"31-1) trading sessions - part of working hours of electronic platform during which participants of electronic reverse auction submit competitive applications";

20, 22 and 24 to state Items in such edition:

"20) the winner of procurement procedure - the participant, the offer of the competitive biddings or the price proposal of whom is recognized as the most economic and is accepted in case of tendering (the competitive biddings), or the participant whose proposal is accepted by results of application of procurement procedure for one participant, or the participant of the procedure of electronic reverse auction who during trading session of electronic reverse auction offered bottom price of the agreement (lot) and which request is acknowledged documentation of electronic reverse auction meeting the requirements";

"22) the connected person - person corresponding any to any of the below-stated signs:

the legal entity who exercises control over the participant of procurement procedure, the operator of an electronic trading platform or is controlled by such participant of procurement procedure, the operator of an electronic trading platform, or is under general control with such participant of procurement procedure, the operator of an electronic trading platform;

the physical person or members of his family exercising control over the participant of procurement procedure, the operator of an electronic trading platform;

office (official) face of the participant of procurement procedure, the operator of an electronic trading platform, authorized to perform on behalf of the participant of procurement procedure, the operator of an electronic trading platform the legal acts directed to establishment, change or stop of the civil relations and members of the family of such office (official) person;

the members of the family of official (office) face of the customer exercising control over participants of procurement procedure or authorized to perform the legal acts directed to establishment, change or stop of the civil relations on behalf of the participant of procurement procedure.

It is necessary to understand ownership as control directly or through the bigger number of the related physical persons or legal entities the greatest share (share, the block of shares) of the authorized capital of the participant of procurement procedure, the operator of an electronic trading platform or management of the greatest number of voices in governing body of such participant of procurement procedure, the operator of an electronic trading platform, or ownership of shares (share, the block of shares) which constitutes at least 25 percent of the authorized capital of the participant of procurement procedure, the operator of an electronic trading platform.

For physical person the total amount of ownership of shares of the authorized capital of the participant of procurement procedure, the operator of an electronic trading platform (voices in governing body), is determined as the total amount of corporate laws which belongs to such physical person, members of his family and legal entities who are controlled by such physical person or members of his family.

For the purposes of this Law spouses, children, parents, brothers and sisters, the grandfather, the woman, the grandsons, adoptive parents adopted, and also other persons, on condition of their permanent residence together with the connected person and maintaining reckon with it joint economy as family members";

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