In the previous article, we reviewed the theoretical aspects of filing a complaint to the Antimonopoly Committee. What happens to it next?

So, the complaint is in the registry. The AMCU has three days to determine one of three alternative scenarios for its further fate:

it is investigated;
it is not investigated;
it is investigated, but investigation is terminated ahead of schedule.

Any of these solutions appears in the ProZorro system and is additionally sent to the complainant and the customer.

The complaint is left without investigation if:

there is no payment;
violations have already been fixed by the organizer;
deadlines for submission are expired;
content conditions are violated;
it has already been investigated.

Investigation may be terminated if:

any of the above reasons have been established after acceptance for investigation;
the customer has canceled the tender (it is not valid if you appeal this particular action);
the complainant has withdrawn the complaint.

Would you be so kind as to wait?

The complaint is examined within 15 days from the date of the registration card generation.
As the immediate initiator of the procedure, you have the right to take part in the investigation. Also, in accordance with the principle of transparency, anyone can observe the investigation and even record al that is happening on digital media.

As soon as the decision is made to consider the complaint, the start of the disputed tender is suspended. The customer cannot enter into a contract and publish a report on the results as long as the AMCU deals with the actual complaint.

For his or her part, the customer is not limited in his or her ability to correct the disputed points. If they have already done this, it is necessary to notify the AMCU about it and place the documents confirming this fact within one day from the date of the amendment.

What is the result?

Your complaint may be considered fair or unfounded. In the first case, the AMCU obliges the customer to eliminate the identified violation. This can be either a change in the discriminatory conditions set out in the tender documentation, or the cancellation of the tender.

The meeting of the AMCU is necessarily accompanied by the preparation of a protocol, which should contain:

conclusion regarding the identification of a violation or its absence;
conclusion regarding the full or partial satisfaction of the complaint, or rejection;
decision justification;
appeal to the customer with the requirement to eliminate the violation.

The resolution part of the decision is published within one day from the moment of its adoption in ProZorro. And within three days, anyone can get acquainted with the full version.
Once the decision is published, it immediately takes effect. Despite its binding nature, it can be appealed to the court within 30 days from the date of publication.

To summarize

Summarizing the above, we note that:

The procedure for handling complaints about violations in the field of public tenders is governed by Article 18 of the Law of Ukraine "On public procurement".
Appeal functions are performed by the AMCU, namely, by the Permanent Administrative Board.
The complainant must be aware of the need for payment, the deadline for submitting and the content of the document being drafted.
The decision of the AMCU is obligatory, however, if necessary, it can be appealed to the court.