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Military trends — AMCU and online participation in complaints consideration

It has been more than a month of total silence from AMCU...and now the first announcement dropped: The permanent Administrative Board of the AMCU resumes complaints consideration.

Meanwhile, accidentally (or not so much), the first wartime decision (as of April 19, 2022, procurement No.UA-2022-01-20-014882-b.b4) involves considering complaints utilizing communications systems. 

In reality, it is hardly the case of an 'accident.' Distance participation comes in handy since it is hazardous for the plaintiff to move around the country to take part in a court session for the time being. 

Without further ado, let us sort the things out.

1. What is 'distance participation,' and how is it regulated?  
Simply stated, it is a videoconference with you being present in the nearest divisional office of AMCU. 

 It is governed by:
  • Art.18 Part 5 and Part 15 of the Law of Ukraine "On Public Procurement" 
  • "The procedure for participation of the subject of the complaint and the customer in consideration of the complaint through telecommunications systems in real-time interactive mode."

2. To whom does it apply?
The Complainant, the Customer, and another participant in the procurement procedure are entitled to such a right. 

However, this possibility for another participant in the procurement procedure may seem dubious. All because the application process for participation in the complaint consideration for such an entity is not defined. 

3. How to apply?
One should file an application for complaint consideration in the form of an e-document. 

The complainant submits an application and complaint, while the customer provides only the application. Mind that everything must be uploaded through an electronic system of procurement. 

4. What is the filing period?
The complainant uploads the application and complaint within the deadline for filing a complaint (both are necessary). 

The customer uploads the application within one working day after the complaint has been registered. 

The applications submitted with failed deadlines are not reviewed. 

5. What must an application include?
In application, it is mandatory to specify the name of the divisional office where your participation must be ensured during the consideration of the complaint. No other requirements are put forward for an application. 

NB Before applying, we advise you to call the nearest divisional office and check whether it is possible to allow for participation in a session through technological tools. 

6. Last but not least.
If one fails to appear at a session, it does not impede the complaint consideration. In case the date is changed or postponed, there is no need to submit the application again.

In conclusion, we must say that an option like this for distance participation does not imply online presence from anywhere. Besides, submitting the application referring to the previously uploaded complaints is prohibited. 

Martial law, overall danger, and displacement make it the only suitable and accessible alternative, though. That is why we recommend using this option with complaints to come.