| Belarus: Integrity Scorecard Report > Sub-Category: Procurement | ||
| Indicators | Score | |
| 51 | Is the public procurement process effective? | 45 |
| 52 | Can citizens access the public procurement process? | 92 |
Indicator and sub-Indicator Details
| 51 | Is the public procurement process effective? | |||||||
| 51a: In law, there are regulations addressing conflicts of interest for public procurement officials. | ||||||||
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Comments: All public procurement must be realized by the procedure of transparent tender and meet governmental agreement. References: Resolution of the Council of Ministries #1633 on Some Issues About Public Procurement of State and Unitary Enterprises (July 12, 2006). Presidential Edict #529 on Public Procurement (Aug. 25, 2006).
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| 51b: In law, there is mandatory professional training for public procurement officials. | ||||||||
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Comments: References: There is no mandatory regular required training of public procurement officials.
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| 51c: In practice, the conflicts of interest regulations for public procurement officials are enforced. | ||||||||
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Comments: The procurement procedure is not always transparent and often suppliers complain about discrimination. There are conflicts of interests with groups, some violations may not be enforced, or some officials may be exempt from regulations. References: [ LINK ]
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| 51d: In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials. | ||||||||
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Comments: Some procurement officials as high-level civil servants annually declare their income and assets. References: Such a mandate does not exist.
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| 51e: In law, major procurements require competitive bidding. | ||||||||
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Comments: All procurements require competitive bidding. In addition, all procurement for totaling more than 280 million rubels (US$135,000) must be agreed upon with a state body. If procurement is more than US$3.5 million, there are two procedures of agreement with governmental bodies and confirmation of the deal must be obtained in the government. A procurement more than US$8.5 million must meet all the above mentioned requirements and also get approval from the President. References: Resolution of the Council of Ministries #1633 on Some Issues About Public Procurement of State and Unitary Enterprises (July 12, 2006). Resolution of the Council of Ministries #1894 on Some Issues About Public procurement (Dec. 29, 2007). Presidential Edict #529 on Public Procurement (Aug. 25, 2006).
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| 51f: In law, strict formal requirements limit the extent of sole sourcing. | ||||||||
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Comments: References: There are no such regulations.
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| 51g: In law, unsuccessful bidders can instigate an official review of procurement decisions. | ||||||||
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Comments: There is always a formal appeal process for unsuccessful bidders. References: [ LINK ] Civil Code (1999).
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| 51h: In law, unsuccessful bidders can challenge procurement decisions in a court of law. | ||||||||
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Comments: A firm can appeal to the Prosecutor's Office according to general procedure. If there is any violation, the court will investigate the case. References: Civil Code
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| 51i: In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids. | ||||||||
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Comments: However, a firm which is guilty of major violations of procurement regulations (i.e. bribery) would likely be shut down for its crimes. References: No such process exists.
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| 51j: In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids. | ||||||||
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Comments: There is no such system. But the Prosecutor's Office sometimes checks the procedures of procurement and investigates. If firms break the law, they can face legal punishment. References: [ LINK ] Interview with Dr. Elena Rakova, economist for IPM Research Center (Minsk, Aug. 15, 2008). Interview with Sergey Balykin, lawyer (Minsk, Aug. 25, 2008).
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| 52 | Can citizens access the public procurement process? | |||||||
| 52a: In law, citizens can access public procurement regulations. | ||||||||
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Comments: All regulations on public procurement are published and citizens can find them on the Internet as well. References: Resolution of the Council of Ministries #1633 on Some Issues About Public Procurement of State and Unitary Enterprises (July 12, 2006). Resolution of the Council of Ministries #1894 on Some Issues About Public Procurement (Dec. 29, 2007). Presidential Edict #529 on Public Procurement (Aug. 25, 2006).
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| 52b: In law, the government is required to publicly announce the results of procurement decisions. | ||||||||
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Comments: The Commission on Holding a Tender on Public Procurement publicly announces future tenders and their results. References: Resolution of the Council of Ministries #1894 on Some Issues About Public Procurement (Dec. 29, 2007). Presidential Edict #529 on Public Procurement (Aug. 25, 2006).
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| 52c: In practice, citizens can access public procurement regulations within a reasonable time period. | ||||||||
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Comments: Records are printed in special issues and available online at specialized websites. References: [ LINK ] Interview with Sergey Balykin, lawyer (Minsk, Sept. 15, 2008).
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| 52d: In practice, citizens can access public procurement regulations at a reasonable cost. | ||||||||
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Comments: Records are free to all citizens or available for the cost of photocopying. References: Interview with Sergey Balykin, lawyer (Minsk, Aug. 25, 2008). Interview with Vitaliy Braginez, lawyer and head of juridical company Braginez and Partners (Minsk, Aug. 26, 2008).
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| 52e: In practice, major public procurements are effectively advertised. | ||||||||
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Comments: Sometimes procurements are not properly advertised, a foreign supplier cannot find information on place and time of a tender. Often foreign (and Russian) suppliers complain that by hiding information, Belarus discriminates against them in favor of Belarussian suppliers (protectionism). The time between advertisements and bidding is sometimes too short to allow for full participation. References: [ LINK ] Interview with Sergey Balykin, lawyer (Minsk, Aug. 25, 2008). Interview with Vitaliy Braginez, lawyer and head of juridical company Braginez and Partners (Minsk, Aug. 26, 2008).
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| 52f: In practice, citizens can access the results of major public procurement bids. | ||||||||
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Comments: The Commission on Holding a Tender on Public Procurement publicly announces tenders and their results. References: Interview with Sergey Balykin, lawyer (Minsk, Aug. 25, 2008). Interview with Vitaliy Braginez, lawyer and head of juridical company Braginez and Partners (Minsk, Aug. 26, 2008).
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