During the war, defense procurement is a critical component of supporting the Armed Forces of Ukraine. However, the procurement system implemented through the "State Rear Support Operator" (GOT), particularly the lack of an appeal process for GOT decisions to the Antimonopoly Committee of Ukraine (AMCU), has led to numerous violations and corruption risks. Entrepreneur Oleg Mitrokhin discusses this in his column writes.
The current situation, where disputes must be resolved by the courts, results in procurement delays. Since the establishment of Prozorro, the issue of the technical implementation of court decisions within the system remains unresolved. In practice, judicial review of complaints inevitably leads to a restart of the procurement process, the entrepreneur explains. Additionally, the specialists of the antimonopoly committee are familiar with the specifics of public procurement, whereas general jurisdiction courts lack the necessary qualifications and training.
Critics of the procedure argue that appeals through the AMCU prolong the process. However, for defense procurement, the review of complaints has been shortened to seven days, which is insignificant compared to the average duration of GOT procedures, which is 45 days. Thus, appealing will not affect the speed of procurement but will enhance their quality and transparency, concludes Mitrokhin. Oleg Mitrokhin is a businessman and owner of the MIK company. MIK is a leading Ukrainian manufacturer of special clothing for various industries, including manufacturing, construction, and security.