Publication date: 28.05.2024
Notice of the Temporary Investigative Commission of the Verkhovna Rada of Ukraine on the investigation of possible violations of the legislation of Ukraine in the implementation of public procurement during martial law for six months of activity.
Introduction
The Temporary Investigative Commission (TCC) of the Verkhovna Rada of Ukraine was created to investigate possible violations of Ukrainian legislation during public procurement during the period of martial law. Over the course of six months, the commission conducted a detailed analysis and verification of numerous reports that could indicate violations of legislation, corrupt practices, or inefficient use of budget funds.
The purpose of creating TSK
The main purpose of creating TSK was:
Monitoring compliance with legislation in the field of public procurement.
Detection and investigation of possible violations of legislation.
Prevention of corrupt practices and abuses during procurement.
Preparation of recommendations for improving the public procurement system during martial law.
Methods of work of TSK
TSC used the following methods to perform the assigned tasks:
Analysis of documentation. Collection and analysis of tender documentation, contracts and other documents related to public procurement.
Examination of witnesses and experts. Conducting interviews and surveys of procurement participants, representatives of state bodies, experts in the field of public procurement.
Audits. Involvement of independent auditors to check financial statements and the results of purchases.
Cooperation with law enforcement agencies. Exchange of information and coordination of actions with law enforcement agencies for detection and investigation is broken.
The main results of the investigation
Identified violations
during the six months of operation of TSC, the following main types of damage were removed:
Non-compliance with the procurement procedure. Cases of procurement without the support of established procedures, including circumvention of tender procedures and direct contracts without appropriate grounds.
Corrupt actions. Cases of corruption, abuse of official position and conclusion of contracts on unfavorable terms for the state.
Inefficient use of funds. Purchase of goods and services at inflated prices or with low quality, which led to inefficient use of budget funds.
Fictitious companies. Cases of participation in tenders by companies that do not have real economic activity or are created for the purpose of obtaining an illegal benefit.
Key cases
Purchase of medical equipment. Cases of the purchase of medical equipment at inflated prices during the COVID-19 pandemic were identified, which led to significant losses for the state budget.
Food supply. Violations were detected during the procurement of food for military units, including the supply of low-quality products and overpricing. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal analysis of the situation, written consultation, document review by a lawyer, lawyers' documents , lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online
Construction contracts. Cases of construction contracts being concluded on unfavorable terms, in particular, with fictitious companies or companies that do not have relevant experience, have been identified
Conclusion
The results of the work of the Temporary Investigative Commission (TCC) of the Verkhovna Rada of Ukraine for six months of activity revealed significant violations in the field of public procurement during martial law. The main violations identified include non-compliance with procurement procedures, corrupt practices, inefficient use of funds, as well as participation in tenders by fictitious companies.
Non-compliance with the procurement procedure was one of the most common violations. Cases of procurement without following established procedures, in particular bypassing tender procedures and concluding direct contracts without appropriate grounds, testify to systemic problems in ensuring transparency and competition in the procurement process.
Corrupt actions were manifested in the form of abuse of office and the conclusion of contracts on unfavorable terms for the state. This, in particular, included cases of receiving bribes, lobbying the interests of certain companies and signing agreements with notoriously inflated prices.
