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The document ceased to be valid since  August 23, 2017 according to Item 2 of the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of June 28, 2017 No. 30

RESOLUTION OF THE MINISTRY OF TRADE OF THE REPUBLIC OF BELARUS

of June 26, 2013 No. 12

About approval of the Instruction about procedure for consideration by the Ministry of Trade of the Republic of Belarus for claims when implementing public procurements

(as amended on 21-01-2015)

Based on part two of Item 1 of article 55 of the Law of the Republic of Belarus of July 13, 2012 "About public procurements of goods (works, services)", subitem 5.44 of Item 5 of the Regulations on the Ministry of Trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of June 25, 2013 No. 527 "Questions of the Ministry of Trade of the Republic of Belarus", the Ministry of Trade of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for consideration by the Ministry of Trade of the Republic of Belarus for claims when implementing public procurements.

2. This resolution becomes effective after its official publication.

Acting minister

V.L.Dragun

 

Approved by the Resolution of the Ministry of Trade of the Republic of Belarus of June 26, 2013 No. 12

The instruction about procedure for consideration by the Ministry of Trade of the Republic of Belarus for claims when implementing public procurements

Chapter 1. General provisions

1. This Instruction determines procedure for consideration by the Ministry of Trade of the Republic of Belarus for claims to actions (failure to act) and (or) decisions of the customer (organizer), the commission and (or) its members, commodity exchange, the operator of electronic trading platform, the operator of the official site when implementing the public procurements (further - the claim) given by participants or other legal entities or physical persons, including individual entrepreneurs in case of violation of their rights and legitimate interests.

2. For the purposes of this Instruction the terms and their determinations containing in the Law of the Republic of Belarus of July 13, 2012 "About public procurements of goods (works, services)" are used (The national legal Internet portal of the Republic of Belarus, 21.07. 2012, 2/1971).

Chapter 2. Commission on consideration of claims

3. For consideration of claims in the Ministry of Trade of the Republic of Belarus the commission on consideration of claims which chairman and other members are determined by the order of the Minister of Trade of the Republic of Belarus is created.

The number of members of the commission on consideration of claims shall not be less than five people.

4. The commission on consideration of claims is competent to consider the claim if at its meeting there is at least a half from total number of her members. The decision is made by the commission on consideration of claims by a simple majority vote of her members who were present at meeting. If the member of the commission does not agree with the decision, he states in writing special opinion.

5. On commission session on consideration of claims the minutes are taken. The commission on consideration of claims has the right to conduct shorthand, audio-or video of the meeting.

Chapter 3. Persons participating in consideration of claims

6. Persons participating in consideration of the claim are:

the applicant - the participant or other legal entity or physical person, including the individual entrepreneur who made the complaint;

the defendant - the customer (organizer), commodity exchange, the operator of electronic trading platform, operator of the official site, the complaint is made about actions (failure to act) and (or) solutions of which;

other participants and persons - other participants and persons, except the applicant which rights and legitimate interests can be infringed in result of consideration of the claim.

7. Persons participating in consideration of the claim having the right to perform the rights and obligations independently or through representatives. Powers of representatives shall be confirmed with the power of attorney or other document supporting their powers.

8. The audio recording, photo and video filming of commission session on consideration of claims by persons participating in consideration of the claim are allowed with the permission of the chairman on commission session on consideration of claims. In case of implementation of audio recording, photo and video filming of commission session on consideration of claims in the minutes the corresponding mark becomes about it.

Chapter 4. Consideration of claims

9. The complaints made in the Ministry of Trade of the Republic of Belarus are subject to registration in day of receipt. The order of the Minister of Trade of the Republic of Belarus determines the structural division providing preparation of materials for consideration and decision making according to claims.

10. The claim is not subject to consideration and returns to the applicant who submitted it within three working days following behind day of its receipt in cases, stipulated in Item the 7th article 55 of the Law of the Republic of Belarus "About public procurements of goods (works, services)".

11. The Ministry of Trade of the Republic of Belarus within three working days from the date of receipt of the claim:
takes cognizance of it, except for the case provided in Item 7 of article 55 of the Law of the Republic of Belarus "About public procurements of goods (works, services)";

stops holding procedure of public procurement;

posts on the official site and in open access on electronic trading platform in case of holding procedure of public procurement on it information on receipt of the claim including containing data on the place and time of its consideration, term of suspension of the procedure of public procurement;

if necessary requests the documents concerning the claim from the defendant.

12. If the claim was withdrawn by the applicant who submitted it, the Ministry of Trade of the Republic of Belarus within three working days posts information on withdrawal of the claim on the official site and in open access on electronic trading platform in case of holding procedure of public procurement on it.

13. From the moment of receipt of the claim, but not later than two working days before its consideration the defendant, other participants and persons has the right to send to the Ministry of Trade of the Republic of Belarus objection on the claim.

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