At the request of the district prosecutor, an illegal public procurement procedure worth 22,022 rubles was canceled

The Prosecutor's Office of the Miory District, during the monitoring of public procurement procedures, established that violations of anti-corruption legislation were committed at one of the enterprises.

The organizer posted a public procurement procedure for agrochemical analysis (testing) of fodder quality services using regional budget funds on the electronic trading platform in the form of a price quotation request procedure. However, the documents for the aforementioned procedure did not contain the necessary requirements for participants stipulated by current legislation, in particular, those established by subparagraph 1.7 of paragraph 1 of Resolution No. 395.

For reference. When conducting public procurement procedures, participants are subject to the requirements established by Part 2 of Article 16 of the Law of the Republic of Belarus of July 13, 2012 No. 419-Z "On Public Procurement of Goods (Works, Services)" (hereinafter referred to as the Law). A legal entity or individual, an individual entrepreneur, taking into account the provisions of Article 16-1 of this Law, must not be affiliated with the customer or organizer. A legal entity or individual, an individual entrepreneur who is the winning participant, taking into account the provisions of Article 16-1 of this Law, must not be affiliated with all other participants admitted to the evaluation and comparison of proposals. An individual entrepreneur must not be in the process of terminating activities.

The list of established requirements for public procurement participants is exhaustive.

By virtue of subparagraph 1.7 of paragraph 1 of the Resolution of the Council of Ministers of the Republic of Belarus of June 15, 2019 No. 395 "On the Implementation of the Law of the Republic of Belarus "On Amendments and Additions to the Law of the Republic of Belarus
"On Public Procurement of Goods (Works, Services)" (hereinafter referred to as Resolution No. 395), additional requirements are imposed on participants of public procurement procedures, regardless of the subject of public procurement, including those related to the provision of information on the absence of facts of administrative liability under Part 1 of Article 14.4, Article 24.59 of the Code of Administrative Offenses, and involvement in extremist and terrorist activities.

The district prosecutor has issued a directive to the head of the enterprise, demanding the cancellation of the procurement procedure in the form of a "request for price quotations."

The supervision act has been fully implemented – the state procurement procedure worth over 22 thousand rubles has been canceled.

For reference. In accordance with paragraph 12 of part 1 of Article 25 of the Law of the Republic of Belarus "On Combating Corruption," a violation of the established legal procedures for procurement is an offense that creates conditions for corruption.