Following long discussions and strong debates, on 1 June 2010 Ukrainian Parliament adopted a new version of the Law on Public Procurement (the "Law").
More than two years ago the then effective Law on Public Procurement was canceled by the Parliament and up to now all of the public procurement issues were partially regulated in Ukraine by secondary legislation only.
There was an attempt by Ukrainian Parliament to adopt the Law earlier in the year, but the country's President then vetoed it due to its incompliance with the primary legislation of Ukraine. The President proposed then a number of amendments to the document which amendments have now been fully reflected in the newly adopted version of the Law.
The Law is yet to be signed by the President and the full text thereof is yet to be officially promulgated. However it is already clear now that, once effective, the Law will set up a new transparent and competitive environment in the area of public procurement in Ukraine as it now sets up clear public procurement procedural rules and, what is even more important, the clear procedural rules of legal challenging of the procurement decisions of public authorities.
Thus the administrative challenge functions under the Law will be vested with the Antimonopoly Committee of Ukraine (the "AMC") that used to have them before March 2008.
Law: Draft Law of Ukraine on Public Procurement adopted by the Parliament on 1 June 2010.
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The original publication date for this article was 02/06/2010.
