Representation during the consideration of complaints in the Commission of the Antimonopoly Committee of Ukraine for the consideration of complaints about violations of legislation in the field of public procurement (AMCU)
Public procurement is an important mechanism for ensuring state and municipal needs for goods, works and services. However, in practice, there are cases when during tenders there are violations of the law that directly affect the rights of participants. In such situations, an effective tool for protection is filing a complaint with the Antimonopoly Committee of Ukraine (AMCU).
The Law of Ukraine “On Public Procurement” defines the AMCU as an appeals body authorized to consider complaints from tenderers. The purpose of this body is to ensure fair competition, create conditions for transparency and prevent abuse by customers. The decisions of the AMCU board are mandatory, and the complaint procedure itself is carried out exclusively through the Prozorro electronic system.
When can a complaint be filed?
The legislation provides for several cases in which a participant has the right to apply to the AMCU:
- if the tender documentation contains discriminatory conditions or requirements that artificially restrict competition;
- if the customer has unreasonably rejected the participant’s proposal;
- if a company that does not meet the requirements of the tender documentation has been determined as the winner;
- if the customer has illegally canceled the procurement or committed a violation at any stage of the procedure.
It is important to understand that complaints are filed only in “above-threshold” procurements: open tenders, framework agreements, competitive dialogue, restricted tenders and negotiated procedure.
Both legal entities and individuals who believe that their rights and interests have been violated during the procurement process can file a complaint. An important condition is that the complainant must be registered on the electronic platform.
A complaint can be filed at any stage, in particular, at the stage of submitting proposals. However, if the procurement results are contested, only the supplier who submitted the procurement proposal can initiate the procedure.
Procedure for filing a complaint
First, the participant must register in the Prozorro system. Then a complaint is formed, in which it is necessary to indicate:
- Information about the customer.
- Data about the complainant.
- Description of the essence of the violation.
- Evidence confirming the fact of illegal actions.
It is advisable to attach documents to the complaint that confirm the stated arguments. These can be copies of tender documentation, official letters, protocols or other materials.
Submission deadlines
- A complaint against the tender documentation is made before the deadline for submitting proposals.
- A complaint against the qualification results is made within 10 days from the moment of publication of the decision.
- A complaint against exclusion from the auction is made within 5 days after the publication of the protocol.
- A complaint against the cancellation of the tender is made within 10 days from the moment of publication of the relevant information.
After registering the complaint, it is automatically entered into the electronic register. On the day of submission, a card is generated, which indicates a unique number, a brief summary and data on the procedure. The administrative board considers the complaint, hears the parties and makes a decision. In most cases, the decision is made within 15 working days.
Filing a complaint is a paid procedure. The amount depends on the subject of the procurement and its expected value. The fee paid is not refundable, but in the event of a positive decision, the costs may be justified, since the customer is obliged to eliminate the violation.
Why is it important to exercise the right to appeal?
The appeal procedure is a guarantee that the rights of participants will be protected. A timely appeal to the AMCU allows not only to correct a specific injustice, but also contributes to the development of fair competition in the field of public procurement.
Our lawyers have practical experience in preparing and supporting complaints to the AMCU. We will help you properly draw up documents, prepare an evidentiary base and present your interests to the administrative board. Thanks to this, you have a real chance to protect your rights and restore justice.
Thus, appealing the results of public procurement is a complex but effective tool for protection. If you are faced with illegal actions of the customer, do not delay. The right strategy and professional support will help you defend your interests and restore justice.
We look forward to your consultations!
Calculate the cost of services
1 question
Do you need to file a complaint with the AMCU?
2 question
Do you need legal support regarding filing a complaint with the AMCU?
3 question
Do you need the service urgently?
call back
during the day
Compensation for moral, material damage
Protection of honour, dignity, and business reputationContract Development for Business and Legal Entities
Licensing of business activities
Compensation for moral, material damage
Legal services in the field of cryptocurrency and blockchain
REGISTRATION OF COMPANIES AND OPENING OF BANK ACCOUNTS
Sale and purchase of ready-made firms
Grants and attracting investment
Business registration and support in Great Britain
Business registration and support in Switzerland
Business registration and support in the EU
Business Registration and Support in the Gulf Countries (GCC)
Business registration and support in Turkey
Business registration and support in USA
Lawyer for administrative cases
Legal services for medical businesses and doctors
Protection of honour, dignity, and business reputation
Real estate transaction support
Escort of the tender participant
Trial lawyer: support and defense in court
European Court of Human Rights (ECHR)
