GPA/138  
 
21 June 2016  
(16-3354)  Page: 1/43  
Committee on Government Procurement  Original: English  
 
 NOTIFICATION OF NATIONAL IMPLEMENTING LEGISLATION 
COMMUNICATION FROM UKRAINE PURS UANT TO ARTICLES XXIV:5(b)1 OF THE GPA (1994)  
AND XXII:52 OF THE REVISED GPA 
The following communication, dated 15 June 2016, is being circulated at the request of the 
Delegation of Ukraine.  
_______________ 
  Pursuant to Article XXIV: 5(b) of the 1994 WTO Agreement on Government Procurement and 
Article XXII:5 of the Revised Agreement on Govern ment Procurement, the Government of Ukraine 
informs the Committee on Government Procurement of the following. 
 
_______________ 
NOTIFICATION OF THE LAW OF UKRAINE "ON PUBLIC PROCUREMENT"
3 
1  AGENCY RESPONSIBLE 
Ministry of Economic Development and Trade of Ukraine  
 
2  DESCRIPTION OF THE LAW OF UKRAINE "ON PUBLIC PROCUREMENT" 
The public procurement system of Ukraine is regulated under the Law of Ukraine "On public 
procurement", adopted by the Verkhovna Rada of  Ukraine as of 25 December 2015 No. 922-19 
that came into force on 1 April 2016. The Law of  Ukraine "On public procurement" (hereinafter 
referred to as "PPL") provides:   1. The replacement of current paper and partially electronic based procurement procedures by 
electronic processes:  
 evaluation of bids using the electronic auction criteria "price" and "price plus other 
criterias";  
 automatic disclosure of all information after the end of auction in public;  
 hybrid model creation of e-procurement with state and business participation;  
 new definitions "authorized e-platform", "Public Procurement web-portal", 
"e-procurement system", "discounted price" in Article 1;  
                                               
1 Article XXIV:5(b) reads as follows: National Legislation  "(b) Each Party shall inform the Committee of 
any changes in its laws and regulations relevant to this Agreement and in the administration of such laws and regulations." 
2 Article XXII:5 of the Revised GPA reads as follows: Domestic legislation  "Each Party shall inform the 
Committee of any changes to its laws and regulations relevant to this Agreement and in the administration of 
such laws and regulations." 
3 Attachment in English only. GPA/138 
 
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   providing e-submission and e-receipt of bids, e-evaluation and e-auctions.  
2. Approximation of the PPL provisions with certain EU practices that are recognized as efficient 
in the EU countries:  
 introduction of authorized professional procurement specialists as an alternative to use 
Tender Committees and removal of the compulsory use of Tender Committees;  
 introduction of a new definition "centralized procurement organizations" that represents 
first attempt to apply the EU experience on centralized procurement body activities;  
 new threshold rules which introduce for the first time requirements for under-threshold 
procurements to the effect that they must follow general public procurement principles;  
 must be published and could be performed through a competitive e-procedure;  
 further threshold rules which apply the thresholds of the EU Public Procurement 
Directives in an attempt to introduce a dual system approach in the PPL;  
 transformation of the current 2-stage tender procedure into the EU competitive dialogue 
procedure – largely by a change of title of the procedure.  
3  STARTING DATE OF PROCUREMENT BASED ON THE LAW  
 1 April 2016 – for central authorities and customers which operate in specific areas of 
management; 
 1 August 2016 – for all customers of the PPL . 
4  ENQUIRY POINT Ministry of Economic Development and Trade of Ukraine  
12/2 Grushevskogo str., Kyiv, 01008, Ukraine  
Fax: +380445966839  
E-mail: ep@me.gov.ua  GPA/138 
 
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  PP 4-43 - Offset (PDF file attached)