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The full-scale war made its adjustments to the procedure for providing documents confirming the absence of grounds for rejecting the proposal, provided for in Art. 17 of the Law of Ukraine "On Public Procurement" (hereinafter – the Law).

In this article, SmartTender lawyers will explain and demonstrate where, how and within what timeframe you can get certain documents that the winner may need to confirm the absence of grounds by Art. 17 of the Law.

Information certificate from the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses (clauses 2, 3, part 1, article 17)

Method of obtaining: by electronic request on the NACP website.

Delivery time: up to 5 minutes.

Type of electronic signature used to obtain information from the Register: QES issued by the AKCA of JSC CB PRIVATBANK.

Cost: free.

Obtaining an Information Certificate from the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses does not take much time, and to obtain it, only an electronic signature and Internet access are required.

It should be noted that with the start of the full-scale invasion of Russia and the introduction of martial law, the procedure for obtaining an Information Certificate from the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses, functioning based on the Regulation, has not changed.

To get started, follow the link and select one of the options, depending on who you need to get a certificate for: “Get a personal certificate of an individual” or “Get a personal certificate of a legal entity”.

After loading the page, fill in the data about the electronic signature. Select a Key Certification Authority from the list provided. We managed to obtain certificates using the CEP issued by the AKCA of JSC CB "PRIVATBANK", while the CEP issued by the AKCA SE "DIYA" was not read at the time of receipt of the certificate due to technical reasons.

After selecting the Key Certification Authority, select the key of the electronic digital signature and fill in the "Key protection password" field – enter the password of the personal key.

After the completed actions, the "Get help" field is activated. Then a window will appear in which you need to confirm the action on this page. And in a few seconds, the certificate will be generated and downloaded in an archive that will contain the certificate itself and an electronic signature file, with which you can find out the subscriber and the authority issuing the certificate. Procurement participants are advised to upload the entire archive of files to the electronic platform.

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Please note that sometimes an error may occur on the NACP website when generating such a certificate. In this case, it is recommended to reload the page and try again.

Extract from the information and analytical system "Accounting for information about bringing a person to criminal responsibility and the presence of a criminal record" (paragraphs 5, 6, 12, part 1, article 17)

Method of obtaining: by electronic request on the website of the Ministry of Internal Affairs.

Delivery time: up to 5 minutes.

Type of electronic signature that was used to obtain information: AES issued by the AKCA of JSC CB "PRIVATBANK" + QES issued by the AKCA DP "DIYA".

Cost: free.

We remind you that by Order of the Ministry of Internal Affairs No. 207 dated March 30, 2022, the issuance of Certificates of the Ministry of Internal Affairs in the absence of a criminal record was canceled and it was established that certificates of bringing to criminal responsibility, the absence (presence) of a criminal record or restrictions provided for by the criminal procedural legislation of Ukraine are issued in the form of extracts from the information-analytical system "Accounting for information about bringing a person to criminal responsibility and the presence of a criminal record".

One of the advantages of obtaining an extract from the information-analytical system "Recording of information on bringing a person to criminal liability and a criminal record" over the previously issued certificate is the speed of receipt, since the extract is generated in a matter of minutes, and there is no need to wait up to 30 calendar days.

To receive the specified extract, follow the link and select the option “Get an extract.

This will open the login page. On it, select the identification method among the proposed ones: “Electronic signature”, “Bank ID NBU” or “Diya.Signature” (we received an extract in two ways: using an improved electronic signature issued by the AKCA of CB PRIVATBANK JSC, and using a qualified electronic signature issued by the AKCA SE "DIYA").

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Here is a step-by-step instruction on how to obtain the specified extract by selecting the "Electronic signature" option.

To get started, select the key type "File", "Token", "Cloud", or "ID-card". Next, select a qualified electronic service provider from the proposed list, the type of key carrier, and enter a password. After entering all the data, click "Continue".

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After that, you will be directed to a page for data verification. On it, you need to give consent to the transfer and processing of personal data by ticking the appropriate box. After that, click the "Continue" button again.

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Next, you will find yourself on a page where you need to fill out the request for an extract from the information and analytical system "Accounting for information about bringing a person to criminal liability and a criminal record." To do this, fill in the following fields: "City/town/village of birth", "District of the region of birth (if any)". If necessary, indicate whether there was a change of surname, name, or patronymic.

In the next field, select the purpose of the request – indicate "Participation in the public procurement/simplified public procurement procedure".

Specify the "Extract type" full or abbreviated. We recommend taking the full extract.

And the last two fields that need to be filled in are "Phone" and "Email". In the end, click “Submit Request”.

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A “Thank you for your request” window will appear on the screen, where you can download the signature file and extract it. We recommend uploading a file with an extract and a signature.

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The actual extract itself looks like this*:

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Certificate (information) on bankruptcy (clause 8, part 1, article 17)

Method of obtaining: by sending a written request to the relevant interregional departments of the Ministry of Justice of Ukraine at the location of the participant.

Delivery time: 1 business day.

Cost: free.

In Ukraine, there is a Unified Register of Enterprises in respect of which bankruptcy proceedings have been initiated (hereinafter referred to as the Unified Register of Enterprises), which operates based on the relevant Regulations. In pre-war times, it was possible to obtain a bankruptcy certificate instantly (as in the case of the NACP) through the website of the Government Portal. At the same time, to protect and store information contained in the Unified Register of Enterprises, during martial law, open access to information from this register is limited. In this regard, information from the Unified Register of Enterprises is currently not temporarily provided.

Thus, the only possible option for obtaining a bankruptcy certificate is a request to the relevant interregional departments of the Ministry of Justice of Ukraine at the location of the participant. Our client, through whom the request for a certificate was made, is located in Kyiv. Therefore, we sent a written request to the Central Interregional Directorate of the Ministry of Justice in Kyiv with a request to provide relevant information on the state of bankruptcy. The text of the request for the information itself is drawn up in any form, indicating information about the name of the participant (information requester), USREOU code, legal address, and director of the legal entity. Within one working day, the management checked the information on our subject and provided us with the following response:

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Please note that the above information may be provided to requesters whose location is not included in the List of administrative-territorial units within which user access to unified and state registries is terminated, the holder of which is the Ministry of Justice of Ukraine, under martial law, approved by order Ministry of Justice of Ukraine dated April 1, 2022 No. 1307/5.

Thus, there is a possibility that only those participants in public procurement whose legal address is not included in the above List will be able to receive information about bankruptcy, even upon a written request.

We advise customers of public procurement to correctly prescribe the requirements for the winner on documentary evidence of the absence of grounds under paragraph 8 of part 1 of Art. 17 of the Law, without prejudice to them in the way of appropriate confirmation.

Certificate of absence of arrears in payment of taxes and fees (clause 13, part 1, article 17 of the Law)

Method of receipt: by electronic request on the website of the taxpayer's electronic cabinet.

Term of receipt: within five working days after applying for a certificate.

Type of electronic signature that was used to obtain information: QES issued by the AKCA DP "DIYA".

Cost: free.

Unlike a certificate from the NACP, obtaining a certificate of no debt (especially if you are receiving it for the first time) will take much longer both to create a request for its receipt and to directly receive a response in the form of the certificate itself from the State Tax Service of Ukraine.

The issuance of a certificate of no debt is regulated by the relevant Order, according to which an application for obtaining a certificate can be made either in paper form at the place of registration of the taxpayer, or in electronic form by filling out the appropriate application through the Taxpayer's Electronic Cabinet (hereinafter referred to as the Cabinet). The latter option is more convenient in martial law, so we will focus on it.

To get started, go to the Cabinet and log in with an electronic signature.

In the left panel of the Cabinet, select the “Introduction of reporting” tab and find the application form for providing a certificate of no debt on payments, the collection of which is entrusted to the regulatory authorities (form J1300305).

Select the appropriate application and create a request for help using the following template. Many of the data will be pulled into the application automatically, some will have to be entered manually.

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In paragraph 3 of the application, we recommend prescribing the normative act exactly as shown below (3. Довідку прошу надати відповідно до вимог: Закону України «Про публічні закупівлі» № 922-VIII від 25 грудня 2015 року) so as not to receive a refusal to provide a certificate. This recommendation was received directly from one of the departments of the State Tax Service of Ukraine.

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After filling in all the fields at the top of the page on which you are filling out the application, click "Check" (for the system to check if all the required fields are filled in). Then click "Save" (on the left is the first icon on the panel).

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Then click on the created statement and select "Sign". Select and read the signing key again and sign the application.

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Then select the already signed application again and click “Submit”.

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After that, the application will be sent to the tax authority, which will be confirmed by the corresponding Receipt on the delivery of the application to the tax authority.

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The certificate issued by the supervisory authority looks like this*:

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Keep in mind that, according to clause 4 of the Order, a certificate or a refusal to provide a certificate is prepared by the authorized body within five working days from the day following the day the application was received by the body to which it was submitted.

Thus, firstly, you will not receive a certificate immediately, and secondly, if there is a corresponding debt, you will receive a refusal to provide a certificate, after which you will need to pay the debt and make a second request for a certificate. Considering that, according to clause 6 of the Order, the certificate is valid for ten calendar days from the date of its formation, we recommend that you take action in advance to obtain it.

Notes

*sample is taken from the e-procurement system.

**according to information from other participants in public procurement, the terms for obtaining relevant information from the interregional departments of the Ministry of Justice of Ukraine may vary from one to ten working days, depending on the city and the contractor processing your request.

Summary

Considering all of the above, one opinion should be summarized, which suggests itself after reading: it is possible to hold open auctions, and it is realistic for the winning participant to receive all the necessary documents.

So, about some points (in particular, point 8, part 1, article 17 of the Law), more efforts must be made than before. At the same time, everything related to the main documents, namely the certificates of the NAPC / Ministry of Internal Affairs / State Fiscal Service, is obtained quickly (within the deadlines) and free of charge.

Unfortunately, no matter how much we want to, we should understand that war has become an integral part of our life. Remember: as of March-April, there was a problem in conducting purchases, but today – most of the points that are important for purchases (or are considered as such) have already been resolved.

How to order a consultation with SmartTender lawyers?

If you have questions about the legal side of participation in the procurement, please contact SmartTender lawyers on this page.

You can also always contact our support service at 0 800 75 10 10.