On legislative changes

2019 is a year of significant changes in anti-corruption legislation and legislation regulating public procurement.

Thus, on May 23, 2019, amendments to the Standard Regulation on the Commission for Combating Corruption, introduced by the Resolution of the Council of Ministers of the Republic of Belarus of April 30, 2019 No. 267, came into force.

Currently, the head of the organization is obliged to head such commissions, which has significantly changed the powers of the commission.

Republican government bodies and other state organizations subordinate to the Government of the Republic of Belarus, regional, Minsk city, city, district executive committees, local administrations of districts in cities are instructed within a month to bring the regulations on existing commissions performing anti-corruption functions and the composition of these commissions into compliance with the Standard Regulation.

On May 10, 2019, the President of the Republic of Belarus issued Decree No. 3 "On Additional Measures to Combat Corruption," which toughened the responsibility of officials for committing corruption offenses. This category of convicted persons will henceforth be deprived of the right to parole or replacement of the unserved part of the punishment with a milder one.

The most large-scale changes concern public procurement legislation. From July 1, 2019, a new version of the Law of the Republic of Belarus of July 13, 2012 No. 419-3 "On Public Procurement of Goods (Works, Services)" came into force, the provisions of which do not apply to public procurement if the public procurement procedures have been initiated or contracts have been concluded before the new version of the Law came into force. Such procurement procedures are carried out in accordance with the legislation that was in effect until June 30, 2019.

Also, from 07/01/2019, in accordance with Part 3, Paragraph 2, Article 14 of the Law on Public Procurement (as amended on 07/17/2018), the customer (organizer) includes in the commission for public procurement (hereinafter referred to as the commission) primarily individuals who have mastered the content of educational programs agreed with the authorized state body for public procurement.

additional education for adults in the field of public procurement, as well as if necessary, persons with special knowledge in the fields of activity related to the subject of public procurement.

This rule applies to both members of the commission - employees of the customer (organizer), and to persons not employed by the latter, but included in the commission.

At the same time, the Law in its new edition does not require that all members of the public procurement commission must master the content of the adult education programs in the field of public procurement agreed with the authorized state body for public procurement, but only speaks of the preferential inclusion of such persons in the commission if they are available.

At the same time, in order to improve the knowledge and qualifications of persons included in the commission, the Ministry of Antimonopoly Regulation and Trade recommends undergoing appropriate training in organizations that have agreed on adult education programs in the field of public procurement, a list of which is posted on the official website of the Ministry of Antimonopoly Regulation and Trade.

Vitebsk Transport Prosecutor
Senior Counselor of Justice A.A. Tsarikov.