The Borisov District Prosecutor's Office, in the course of studying information posted on the Internet resources goszakupki.by, gias.by, identified violations of the law committed by officials of the State Unitary Enterprise "Housing and Utilities Customer Service of the Borisov District" during the conduct of an electronic auction for the purchase of electromagnetic meters for construction projects in the Borisov District.
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 bodies and other state organizations, in the manner established by legislative acts, are obliged to conduct competitions, auctions or other procedures provided for by legislative acts when making decisions on conducting procurement.
According to paragraph 3 of clause 1 of Article 39 of the Law of the Republic of Belarus "On Public Procurement" (hereinafter referred to as the Law on Public Procurement), auction documents are approved by the customer (organizer) and must contain, among other things, the conditions for admission of goods (works, services) of foreign origin and suppliers (contractors, performers) offering such goods (works, services) to participate in the electronic auction, if they are established by the Council of Ministers of the Republic of Belarus.
Clause 2 of the Resolution of the Council of Ministers of the Republic of Belarus dated 17.03.2016 No. 206 “On the admission of goods of foreign origin and suppliers offering such goods to participate in public procurement procedures” (hereinafter referred to as Resolution No. 206) establishes documents confirming the country of origin of the goods for the purposes of public procurement procedures.
At the same time, documents confirming the country of origin of goods in the auction documentation are presented in accordance with the inactive version of Resolution No. 206.
In accordance with paragraph 7 of clause 1 of Article 39 of the Law on Public Procurement, auction documents must contain the conditions for the application of the preferential amendment, if its application is established by the Council of Ministers of the Republic of Belarus.
Subparagraphs 1.5, 1.6 of paragraph 1 of the Resolution of the Council of Ministers of the Republic of Belarus dated 15.06.2019 No. 395 "On the implementation of the Law of the Republic of Belarus "On Amendments and Supplements to the Law of the Republic of Belarus "On Public Procurement of Goods (Works, Services)" establish the conditions for applying the preferential amendment, and also define the documents confirming the right to apply the specified preferential amendment.
In violation of the specified norm, documents confirming the right to apply a preferential amendment in the amount of 15% for purchased goods have not been established.
According to paragraph 12 of part 1 of article 25 of the Law on Combating Corruption, a violation by a government official or a person equivalent to him of the procedure for conducting procurement procedures established by legislative acts is an offense that creates conditions for corruption and entails liability in accordance with legislative acts.
In addition, Article 12.9 of the Code of Administrative Offenses of the Republic of Belarus establishes administrative liability for violation of the procedure for public procurement of goods (works, services).
Based on the results of the inspection, the Borisovsky District Prosecutor's Office issued an order to eliminate violations of anti-corruption legislation. The official was brought to disciplinary responsibility.
The adoption of proactive prosecutorial response measures prevented the use of budget funds in violation of legal requirements in the amount of over 81 thousand rubles.
The material was prepared by the senior assistant to the prosecutor of the Borisovsky district E. V. Kalvinkovskaya especially for the information and news portal "Belnovosti" (Certificate of state registration of mass media (mass media) No. 2 dated December 21, 2018).
