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Operation of this Resolution is cancelled since  March 16, 2016 according to Item 2 of the Resolution of the Cabinet of Ministers of Ukraine of  February 24, 2016 No. 166

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 12, 2014 No. 44

About approval of the Procedure for the organization and carrying out competitive selection of electronic platforms and operators of electronic platforms

According to part one of article 39-4 of the Law of Ukraine "About implementation of public procurements" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for the organization and carrying out competitive selection of electronic platforms and operators of electronic platforms which is applied.

2. This resolution becomes effective in 15 days after approval of Regulations of electronic platform, but not earlier than day of its publication.

Acting as Prime Minister of Ukraine

S. Arbuzov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 12, 2014, No. 44

Procedure for the organization and carrying out competitive selection of electronic platforms and operators of electronic platforms

1. This Procedure determines the mechanism of carrying out competitive selection of electronic platforms and operators of electronic platforms, requirements to electronic platforms, including conditions of their functioning, and operators of such platforms, and also the procedure of confirmation of conformity of electronic platforms and their operators to such requirements.

2. The terms used in this Procedure have such value:

the bid - the application for participation in the competitive selection represented according to requirements of this Procedure;

competitive selection - the procedure of determination of the operator of an electronic trading platform who meets the requirements determined in this Procedure for ensuring holding procedure of electronic reversive auction according to the Law of Ukraine "About implementation of public procurements";

the participant of competitive selection - the legal entity who gave the Ministry of Economic Development (further - authorized body) the bid.

Other terms are used in the value given in the laws of Ukraine "About implementation of public procurements", "About the digital signature" and "About electronic documents and electronic document management".

3. The operator of an electronic trading platform has the right to perform the type of activity provided by the Law of Ukraine "About implementation of public procurements" from the date of inclusion of such operator according to the legislation in the Register of electronic platforms and operators of electronic platforms (further - the Register).

4. The authorized body for carrying out competitive selection forms the contest committee.

5. The contest committee in the activities is guided by acts of the legislation and this Procedure.

6. The main objectives of the contest committee are:

organization and carrying out competitive selection;

promulgation of information on carrying out competitive selection;

consideration of bids;

creation and approval of protocols on results of carrying out competitive selection.

7. Quantitative both members of the contest committee and its chairman affirm authorized body.

8. The contest committee has the right to involve in case of need experts and consultants with the right of advisory vote.

9. The management and the organization of work of the contest committee are performed by its chairman.

Commission chairman:

makes the decision on holding meetings of the contest committee;

determines date and the venue of meetings of the contest committee;

offers the agenda of meetings of the contest committee;

presides over meetings;

appoints the vice-chairman and the secretary of the contest committee;

determines functions of the secretary and members of the contest committee;

will organize preparation of materials for consideration at meeting of the contest committee;

submits for consideration of authorized body of the offer on change of structure of the contest committee.

In case of absence of the chairman of the contest committee its functions are performed by the vice-chairman.

The decision of the chairman of the contest committee on appointment of the vice-chairman and the secretary of the contest committee, and also the decision on other questions is fixed in the minutes of the contest committee.

10. Form of work of the contest committee is the meeting.

The meeting of the contest committee is competent if at it there are two thirds of total quantity of members of the contest committee.

The decision of the commission is made by a majority vote the members of the commission participating in vote. In case of equal distribution of voices the commission chairman's voice is decisive.

11. The operator of an electronic trading platform provides holding electronic reversive auctions according to Ukraine determined by the Law "About implementation of public procurements" with the procedure and shall have:

the state registration which is carried out in the procedure established by the legislation;

material and technical resources that allows to hold electronic reversive auctions including to have electronic platform;

solvency (lack of overdue debt on the credits (in the presence) and on interest payment on the credits, lack of overdue debt on tax payment and charges (obligatory payments), lack of overdue debt on salary payment).

Besides, concerning Operators of platforms proceeedings about bankruptcy shall not be initiated, and also they shall not be in process of liquidation.

12. For confirmation of conformity of the operator of an electronic trading platform to the requirements specified in Item 11 of this Procedure, participants of competitive selection give:

1) the copies of constituent documents certified of the procedure established by the legislation;

2) copies of balance and the report on financial results for the last accounting period, the last intermediate reporting with confirmation on provision in territorial authority of Goskomstat, and again legal entities - participants of competitive selection - the intermediate reporting created from the moment of formation of such person before date of submission of the bid, certified by the signature of the head of the legal entity, under seal;

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