Has a competitive environment been created?

In accordance with the requirements of Directive No. 7 of the President of the Republic of Belarus of March 4, 2019 "On improving and developing housing and communal services," executive and administrative bodies were instructed to ensure the provision of services for technical maintenance, current and capital repairs of residential buildings, sanitary maintenance of common areas of residential buildings, technical maintenance of elevators, solid municipal waste management, as well as the provision of additional housing and communal services and performance of work on the improvement of populated areas on a competitive basis.

However, the analysis conducted by prosecutors revealed insufficient readiness of local executive and administrative bodies and subordinate enterprises to work on creating a competitive environment.

One of the reasons for this is the ineffective development of tender conditions. Often, tender lots include a significant volume of proposed work (covering the entire district, city), essentially intended for execution exclusively by state housing and communal services organizations, which, in turn, excludes the possibility of participation by potential non-state contractors, which are mainly small businesses.

Similar violations were identified in the city of Vitebsk, as well as in Beshenkovichi, Dokshitsy, Lepel, Miory, Orsha, Polotsk, Rossony, Tolochin, Ushachi, Chashniki, and Sharkovshchina districts.

Prosecutors have identified systemic violations in the procurement of housing and communal services by district executive committees, primarily concerning the incorrect application of legislation when there is full or partial funding from the budget.

Often, when procuring housing and communal services, instead of applying the legislation on public procurement or in the construction sector, customers unlawfully conducted tenders using the norms of the Regulation on the procedure for conducting tenders for the provision of housing and communal services (performance of work) provided on a competitive basis.

based on the Decree of the Council of Ministers of the Republic of Belarus No. 826 of 02.12.2019.

Often, within the framework of a single procedure consisting of several lots, the procurement of various public utilities with different funding sources was carried out: from local budgets and from the funds of the population (deductions).

Violations of this kind were committed by the Beshenkovichi, Dokshitsy, Lepel, Orsha, Polotsk, and Ushachi District Executive Committees.

Prosecutors have identified other violations in the procurement sphere, such as: restricting participants' access to the procurement procedure, violations in the customer's determination of evaluation criteria for participants' proposals, unjustified reduction of the period for preparation and submission of proposals by participants, improper formation of documentation, imposition of unjustified requirements for the qualification data of participants, untimely or non-disclosure of information on the results of procedures in the public domain.

The facts presented create prerequisites for corrupt practices, increase corruption risks, as they hinder fair competition among suppliers of goods (works, services), contradict the requirements of Art. 15 of the Law "On Combating Corruption" regarding compliance with the procedure for selecting a supplier for state needs.

Pursuant to Part 1 of Art. 25 of the Law "On Combating Corruption", a violation by a public official or a person equated to him of the procedure for conducting procurement procedures is an offense that creates conditions for corruption.

In connection with the identified violations, the regional prosecutor's office submitted a representation to the Vitebsk Regional Executive Committee with a demand for the adoption of additional organizational and practical measures aimed at eliminating violations of the anti-corruption legislation, as well as the causes and conditions contributing to them.

Department for Combating Corruption
and Organized Crime
of the Regional Prosecutor's Office