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Publication date: 10.09.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Monitoring of procurement procedures is an important part of financial control carried out by the State Audit Service of Ukraine (State Audit Service).Here is a more detailed look at how this process takes place and what conclusions can be drawn:
Procurement monitoring procedure
- The State Audit Service determines which procurement procedures will be audited on the basis of risks, random inspections or inquiries. A monitoring plan is being developed, which includes verification criteria and implementation stages.
- Documents related to the procurement procedure are collected, including tender documents, contracts, acts of completed works, etc. Compliance with the requirements of legislation and internal regulations is analyzed.
- Interviews are being held with procurement officials to clarify the details of the process. The process of decision-making, fulfillment of the terms of contracts, as well as control over the fulfillment of obligations is analyzed.
- The conclusion is based on the results of the inspection. It specifies all detected violations, their nature and impact. The opinion contains recommendations for remedying violations, for example, by terminating the contract, declaring it invalid or void, or other measures.
- Monitoring of procurement procedures by the State Audit Service is an important tool for ensuring transparency and legality in the field of public procurement, as well as for preventing possible abuse and corruption.
Question
What is the main purpose of the State Audit Service?
Answer
The State Audit Service plays a key role in ensuring the efficiency and transparency of state finances. Controls and audits public finances, checking how public funds are used in accordance with legislation and intended purpose. This includes audits of budget expenditures, public procurement, management decisions and financial statements. Based on the audit results, the State Audit Service provides recommendations for improving financial management, optimizing costs, and improving control systems. The State Audit Service ensures the transparency of the activities of state bodies through the publication of audit results, reports and conclusions.
The procedure for contesting the conclusions of the State Audit Service of Ukraine
The procedure for contesting the conclusions of the State Audit Service of Ukraine (State Audit Service) is an important part of ensuring the legal protection of customers in the field of procurement. Here is a detailed process description that can be used as a guideline:
The customer has the right to apply to the State Audit Service for clarification of the content of the conclusion and the obligations specified in it. A request for clarification must be submitted within three working days from the day of publication of the opinion. Although practice shows that answers to such requests are often not provided, the customer can use this as an argument in court proceedings if the conclusion contains vague or undefined requirements.
- The customer has five working days from the moment the conclusion is published to submit reasoned objections to the State Audit Service. Objections must be clear and well-founded, with reference to specific violations or inaccuracies in the conclusion.
- The customer has ten working days from the moment of publication of the opinion to file a lawsuit in court. The claim is submitted to the administrative court, and it must be substantiated, with a clear statement of the customer's position and evidence to support its arguments.
- The court examines the claim for compliance of the conclusion with the legislation and the correctness of its application. The court can make a decision in favor of the customer if it finds a violation.
- If the court has made a decision in favor of the customer, it is necessary to ensure the execution of the court decision, which may include the withdrawal of the conclusion, correction of violations or other measures.
Violations that may be detected by representatives of the State Audit Service of Ukraine
The main violations that may be detected by representatives of the State Audit Service of Ukraine (State Audit Service) during the monitoring of procurement procedures include:
- Non-compliance of the tender documentation with the requirements of the law: The tender documentation does not meet the requirements of the current legislation of Ukraine, which regulates procurement processes. This may include: insufficient or incorrect specification of tender evaluation criteria, incorrect format of documentation, violation of requirements for submission of documents or their content. Procedures for tender preparation and announcement may not meet the established requirements of the law.
- Amendments to contracts without grounds: Amendments to contracts may be made without sufficient grounds or under conditions contrary to the law or the terms of the original contract. Making changes without documented circumstances justifying such changes. Inconsistency of the changes with the provided legal grounds for adjusting the contract. Incorrect registration or incorrect indication of the grounds for making changes to contracts.
- Failure to provide explanations requested by representatives of the State Audit Service: The Customer may not provide the necessary explanations or documents in response to requests from the State Audit Service. This may include: late or incomplete provision of information, refusal to provide explanations or necessary documents. Failure to provide an answer within the specified time, which may affect the result of the inspection.
- Non-rejection of tenders that should have been rejected: Tenders that do not comply with the requirements of the tender documents or the law have not been rejected, which may include: tenders that do not meet technical or financial criteria, tenders that contain inaccurate data or documents. Incorrect evaluation of tender offers or non-compliance with the procedure for their rejection.
Question
What is necessary to correct violations?
Answer
Review and correction of tender documentation in accordance with legislation. Checking the legality of changes in contracts and their compliance with legislation. Ensuring the timely and complete provision of answers to the requests of the State Audit Service. Verification of compliance of tender offers with requirements and their correct rejection in case of non-compliance.
Lawyer services when appealing the conclusion of the State Audit Service
Here are the main types of legal services:
Lawyer consultation and legal analysis of the situation: Lawyers online will provide verification of the conclusion of the State Audit Service for legal and factual errors. Analysis of the justification of the conclusion and the applied legal norms. Determination of potential risks and consequences for the customer, including possible fines or other sanctions.
A lawyer help in preparing objections: A lawyer services online will prepare reasoned objections to the conclusion, which will contain a precise justification of your position. Gathering and preparing documents to support your position, including new evidence and information.
Services of a lawyer for filing a claim in court: The lawyer will ensure the preparation of a statement of claim to challenge the conclusion, taking into account all legal and procedural requirements. Filing a claim to the administrative court, compliance with all deadlines and procedural requirements.
Litigation: Representing the client's interests in court, participating in court hearings and presenting arguments in favor of the client. Preparation of arguments, evidence and witnesses, if necessary to support the position.
Correct reaction to detected violations and taking appropriate measures will help avoid legal consequences and improve procurement procedures. Challenging the conclusion of the State Audit Service of Ukraine (State Audit Service) can be difficult and requires a detailed legal approach. Legal services when challenging the conclusion of the State Audit Service can provide effective protection of the client's interests.
