ENI East Regional Conference Public Procurement Complaints Review Agency English

1. Implementation of effective remedies in public
procurement of Ukraine.
Institutional framework of the Complaints Review
Authority
Paris,
April 2014

2. Complaints and appeals system
• Request to remove infringements occurring during procurement
procedures are directly submitted to the contracting authority;
• Complaint is submitted to the Complaints Review Authority ;
• Claim is filed with a court.

3. • Complainer (bidder who believes that the contracting authority has
violated rules of the procurement procedure) can chose any of the
remedies or a combination thereof;
• The law does not prescribe a mandatory sequence for remedy
application

4. Why was AMCU chosen as the
Complaints Review Authority ?
• Necessary separation of regulatory and control functions in
public procurement;
• Public agency with a special status;
• Special procedures for appointment and dismissal of
the AMCU Chairman and Government Commissioners;
• The Committee reports to the Parliament of Ukraine;
• Special working relations with the Cabinet;
• Special procedural framework for the Committee’s operations

5. International commitments
• AMCU status within Ukrainian government system is in line
with EU Remedies Directive 89/…. and EU-Ukraine FTA;
• Complaints and appeals regulations of the Law of Ukraine
«On Public Procurement» fully comply with the relevant EU
Directives;
• Article 2, EU Remedies Directive 89/…., requires the right to
award damages to persons harmed by an infringement of
public procurement laws;
• Further amendments of Article 18 of the Law are only related
to the Committee’s practice and are largely editorial

6. Institutional framework of the
Complaints Review Authority
• The functions of complaints review for public procurement were vested with the Anti-
Monopoly Committee of Ukraine when the Law “On Public Procurement” took effect on
30.06.2010;
• The Committee has set up a Permanent Administrative Board for Review of Complaints
on Public Procurement Infringements (hereinafter the Board);
• The Board consists of three Government Commissioners;
• The Chairman of the Board must have a degree in law;
• The Board is regulated by the law of Ukraine “On Anti-Monopoly Committee of Ukraine”
unless otherwise established by the Law of Ukraine “On Public Procurement”;
• The Board’s decisions are made on behalf of AMCU.

7. Principles of the Complaints
Review Authority
• independence;
• openness;
• publicity;
• Decisions can be appealed only with the court;
• Objective and unbiased approach