The activities of the district prosecutor's office in the framework of oversight of compliance with the requirements of legislation on public procurement

The Prosecutor's Office of Braslav District, during its supervisory activities, established a violation of legislation on public procurement in the acquisition by a district enterprise of services "a set of works for liming acidic soils" for an amount exceeding 47 thousand rubles.

It was established that during the public procurement procedure in the form of a request for price proposals for the acquisition of services "a set of works for liming acidic soils," a request for information to study the market conditions was posted on the electronic trading platform. The documents of the request for price proposals, as provided for by legislation, were not approved and not posted on the electronic trading platform.

In accordance with paragraph 3 of part 2 of article 15 of the Law of the Republic of Belarus "On Combating Corruption" (hereinafter referred to as the Law on Combating Corruption), state organizations when making decisions on conducting procurements are obliged to conduct competitions, auctions, or other procedures provided for by legislative acts in the manner established by legislative acts.

By virtue of paragraph 12 of part 1 of article 25 of the Law on Combating Corruption, a violation by a state official or an equivalent person of the established procedure for conducting competitions, auctions, and procurement procedures is an offense that creates conditions for corruption.

Thus, the enterprise significantly violated the requirements of legislation on public procurement and the legislation on combating corruption, as evidenced by the absence of the documents established by law necessary for conducting public procurement.

The identified violations of legislation are evident and may cause significant harm to state interests; therefore, the specified procurement procedure was canceled at the request of the prosecutor's office.

Senior Assistant

of the District Prosecutor

lawyer of the 2nd class                                                                I.E.Chernyak