Prosecutors' attention is focused on the procurement sector

Violations regularly identified by prosecutors during inspections indicate that one of the most corruption-prone areas of financial and economic activity for any enterprise (organization), regardless of ownership, is the sphere of procurement of goods (works, services). This area "hides" significant opportunities for unlawful lobbying of the interests of specific legal entities and individuals, and for deriving benefits.

Despite the sufficiently clear regulatory framework governing relations in this area, the practice of prosecutorial supervision, as well as the analysis of information received from law enforcement and supervisory bodies, indicates that violations of procurement procedures, unjustified restriction of access to participation in procedures, manipulation of tender documents, and cases of subjective assessment of participants' proposals, which conceal lobbying of the interests of specific suppliers and contractors, are still widespread.

In this regard, in implementing measures to combat corruption in the economy, prosecutors' attention is primarily focused on the procurement sphere (both for budget funds and own funds).

In particular, this year, the majority of prosecutorial inspections of anti-corruption legislation have concerned the aforementioned sphere. Almost half of the prosecutorial supervision acts (74 out of 168, or 44%) were issued due to the identification of violations in the procurement sphere. Every third official (93 out of 270) held accountable for violations of anti-corruption legislation committed violations in the field of public procurement.

It should be noted that the violation of procurement procedures is classified as an offense creating conditions for corruption under Article 25 of the Law of the Republic of Belarus "On Combating Corruption," and persons who commit it are subject to legal liability.

Furthermore, as of July 1, 2019, a new version of the Law of the Republic of Belarus No. 419-Z of July 13, 2012 "On Public Procurement of Goods

(works, services)", the action of which does not apply to public procurement, if public procurement procedures have been initiated or contracts have been concluded before the new version of the Law comes into force. In developing this topic, a number of regulatory legal acts have become invalid, "making way" for new legislation.

In addition, from 01.07.2019, procurement procedures in construction, financed fully or partially by budget funds and (or) funds of state non-budgetary funds, are regulated by the Decree of the President of 07.06.2019 No. 223 "On the procurement of goods (works, services) in construction". The new rules for procurement in construction will be in effect for two years from 01.07.2019 to 01.07.2021.

Taking into account the above, the attention of business entities, as well as heads of enterprises and organizations, officials responsible for organizing and conducting procurement, should be focused on the unconditional and strict fulfillment of the requirements of anti-corruption legislation and legislation on the procurement of goods (works, services).

This area has been taken under special control by the prosecutors of Vitebsk region.

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