GPA/LEGIS/UKR/8  
 
1 June  2023 
(23-3751) Page: 1/2 
Committee on Government Procurement  Original: English  
 
  
NOTIFICATION OF DOMESTIC LEGISLATION RELEVANT  
TO THE AGREEMENT ON GOVERNMENT PROCUREMENT  2012  
NOTIFICATION FROM UKRAINE  
The following notification, dated 26 May 2023, is being circulated at the re quest of the delegation of 
Ukraine . 
 
_______________  
 
 
Notifying 
Party  UKRAINE  
Legal Basis   ARTICLE XXII:5  OF THE GPA  2012  
 COMMITTEE 'S DECISION ON NOTIFICATION REQUIREMENTS UNDER ARTICLES 
XIX  AND XXII:5  OF THE REVISED GPA  (PARA. 1 OF GPA/113,  ANNEX A OF 
APPENDIX 2, PP. 436-437)  
Title of the 
notified legal 
text Resolution of the Cabinet of Ministers of Ukraine (CMU)   
of 12 October 2022 No. 1178  "On the approval of the specifics of public 
procurement of goods, works and services for contracting authorities provided 
for by the law of Ukraine "on public procurement " for the period of the legal 
regime of martial law in Ukraine and within 90 days from the date of its 
termination or cancellation " with changed introduced by the resolution of the 
CMU No. 471, dated 12 May 2023  
Link to legal 
text Ukrainian version:  
https://members.wto.org/crnattachments/2023/GPA/UKR/23_09851_00_x.pdf  
https://zakon.rada.gov. ua/laws/show/1178 -2022-%D0%BF#Text  
Notification 
status       First notification (i.e. new domestic legislation)  
     Change, a mendment or revision to notified legal text  
     Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  GPA/LEGIS/UKR/6   
Brief description of the notified legal text  
 
The Resolution No. 169 on " Some aspects of defence and public procurement of goods, works and 
service in conditions of martial law" has been replaced by the Resolution No. 1178 "On the approval 
of the specifics of public procurement of goods, works and services for contracting autho rities 
provided for by the law of Ukraine "On public procurement" for the period of the legal regime of 
martial law in Ukraine and within 90 days from the date of its termination or cancellation" which 
has entered into force starting from 19.10.2022.  
 GPA/LEGIS/UKR/8  
 
- 2 - 
 
  The Resolution No. 1178 simplifies the conduct of public procurement in the conditions of martial 
law and the post -war period due to the reduction of the terms of the procurement procedure, open 
bidding  (with the possibility to appeal the decisions, actions or inaction of the contracting 
authority), reduction of requirements for potential bidders (respectively, the number of documents 
required by the contracting authority during procurement from bidders), and also provides an 
opportunity to use the electronic  catalogue to purchase goods without a price limit.  
 
With several amendments introduced in Resolution No. 1178, the up -to-date version being notified 
is accommodating the changes introduced by the latest Resolution of the CMU No. 471 dated 
12.05.2023.  
 
The most important of these changes include:  
• by default, in open bidding  where there are 2 or more tenders (offers) , e-procurement 
system "Prozorro " will operate a three -round price reduction auction ; 
 
• at the same time, the Resolution provides that, based on a well -founded decision of the 
contracting authority, open bidding can be held without the use of a three -round 
electronic auction. In such a case, only a "blind auction " is held at the stage of subm itting 
an offer . "Blind auction " involves bidders having only one attempt to bid and success 
with their proposed price ; 
 
• the optionality of the auction in "Prozorro " will make it possible to flexibly respond to 
the situation with energy supply or other force majeure events that may be caused by 
the war of Russian Federation against Ukraine;  
 
• the rules of the three -round auction in "Prozorro " remain unchanged. The date  and time 
of its holding are automatically determined by the system, each bidder has three steps 
to lower his price, and the right to the last step goes to the one who submitted the 
lowest price when submitting an offer;  
 
• The State Audit Service of Ukraine  received the right to monitor procurements under 
direct contracts;  
 
• Procurements using credit funds of international organizations can be carried out in the 
"Prozorro " system, but taking into account additional conditions and requirements of 
these organiz ations.  
Language(s) 
of notified 
legal text  Ukrainian  
Date of 
adoption  12 May 2023  
Entry into 
force  19 May 2023  
Other 
information  The initial version of the Resolution No. 1178 has been adopted on 
12.10.2022, entering into force starting from 19.10.2022.  
Agency or 
authority 
responsible  The Ministry  of Economy  of Ukraine  
 
Telephone:  +38-044-200-47-53 
Fax:            +38 -044-253-63-71 
 
 
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