APPEAL OF THE DECISION OF THE ANTIMONOPOLOGY COMMITTEE

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Perepelchenko Anatolii

Specializes in criminal, civil and administrative law, recalculation of military pensions

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APPEAL OF THE DECISION OF THE ANTIMONOPOLOGY COMMITTEE

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 In Ukraine, due to the adoption of tender legislation, public procurement for services, works and goods has become very common. Public procurement through the PROZORRO system is widespread not only among government agencies and state-owned enterprises, but also among private enterprises.

 In practice, each bidder or customer may face the issue of appealing public procurement or appealing the decision of the Antimonopoly Committee of Ukraine.

Is it possible to appeal the decision of the AMCU?

 Consider this in a concrete example.

 The client, which is a bidder for the order of delivery of goods, applied to the law firm "Prikhodko and Partners". Our client was selected as the winner by the public procurement customer. However, another bidder, disagreeing with the customer's decision, started the procedure of appealing the tender results. The decision of the customer to determine the winner of the tender can be revoked either by appealing the procurement procedure to the court or by filing a complaint with the Antimonopoly Committee.

 The complainant decided to file a complaint to the AMCU against the customer's decision. The Antimonopoly Committee upheld the complaint and overturned the customer's decision to determine our client as the winner of the tender.

 Prikhodko & Partners Law Firm has proposed to appeal the decision of the Antimonopoly Committee in court.

 The current legislation sets a 30-day period for appealing the decision of the antimonopoly body from the date of the decision. Therefore, in order not to lose the opportunity to appeal the decision of the antimonopoly service, it is necessary to follow the deadlines.

 As a result of consideration of the case on the statement of claim to appeal the decision of the AMCU, the court may cancel the decision of the antimonopoly body. In this way, the successful bidder can restore his rights.

 At the same time, since the trial itself is a lengthy procedure, a necessary step in such cases is to secure a claim. By securing the claim, it is necessary to oblige the customer to refrain from concluding a contract on the subject of procurement with other participants. Only in this way will the trial be effective and efficient.

 If you want to appeal the results of the auction or the decisions of the antimonopoly committee, you can contact the law firm Prikhodko & Partners!

 By contacting our company, you can count on the analysis of your question and a step-by-step algorithm of actions, which will be aimed at achieving the result that you want to get. We don't make a process for the sake of a process. You can consult by calling the contact numbers on our website.

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Specializes in criminal, civil and administrative law, recalculation of military pensions

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