The U-LEAD Programme continues to provide municipalities with events on topics relevant during martial law. U-LEAD engages leading experts to explain and work with local self-government specialists. This time, the event was held with the participation of Yulia Hryha, Expert of the Institute for Budgetary and Socio-Economic Research (IBSER), and focused on public procurement for budget funds.
"As you know, we all work in accordance with Resolution No. 1178, regulating public procurement during martial law and 90 days after its termination. The resolution is very new, but it has already been amended 12 times. We are fully aware of the turbulence that procurers have to deal with, so I appreciate the U-LEAD Programme organising such a necessary, in my opinion, training for municipalities," she said.
The information session is designed to help municipalities understand the purpose, goals and objectives of organising procurement activities for budget funds. It also explains the main changes to the 2022-2023 legislation regulating public procurement and the specifics of the procurement legislation requirements for the period of martial law. This was reported by Mykola Gulko, Municipal Finance and Management Adviser of the U-LEAD with Europe Regional Office in Cherkasy Oblast.
In her speech, Yulia Hryha reminded that an authorised person with a higher education, typically in economics or law, is entitled to carry out public procurement and must pass tests for procurement proficiency level. The person may be appointed only as a full-time employee (from the available staff with extra payment; inclusion of a new full-time employee; conclusion of an employment agreement/contract).
Such a person is obliged to submit to the EPS mandatory and update personal data publicly unavailable (failure to do so entails administrative liability); the authorised person is also in charge to organise and conduct procurement/simplified procurement procedures.
The expert also noted that in case several authorised persons are appointed, the delineation of their powers and responsibilities is determined by the procuring entity's decision. The following categories may not be determined or appointed as the authorised persons: officials and participants' representatives, members of their families; MPs of Ukraine, MPs of the Verkhovna Rada of the Autonomous Republic of Crimea and deputies of the city, district, and oblast councils. A person engaged by the procuring entity under the service agreement to conduct procurement/simplified procurement procedures is not entitled to be an authorised person.
In summary, the most important message from the expert during the event is that the organisation of procurement activities is an essential component of the budget funds use. During martial law, procurement is conducted according to peculiarities, while procuring entities ensure its planning process. As for the procurement appeals, the procuring entity's actions are determined by law, and control is provided by the financial control authorities.