Following inspections

In May 2017, the district prosecutor's office conducted an inspection of compliance with the legislation on public procurement of goods (works, services) at the State Agricultural Unitary Enterprise "Lepel Experimental Station". During the inspection, significant violations of the current legislation were identified.

It was established that in 2016, the State Agricultural Unitary Enterprise "Lepel Experimental Station" procured mineral fertilizers using a single-source procurement procedure, namely:

- Urea B for the amount of 65,119,412 non-denominated rubles (April 18, 2016) – OKRB 007-2012 code: 20.15.31.800;
- Ammophos for the amount of 6304.32 rubles (August 2016) OKRB 007-2012 code: 20.15.49.900;
- KASS for the amount of 17800.00 rubles (October 2016) – OKRB 007-2012 code: 20.15.39.600;
- Superphosphate for the amount of 25096.00 rubles (October 2016) – OKRB 007-2012 code: 20.15.41.000.

When selecting the public procurement procedure, the State Agricultural Unitary Enterprise "Lepel Experimental Station" unjustifiably referred to clause 12 of the Annex to the Law, as well as to clause 6 of the Annex to the Decree of the President of the Republic of Belarus No. 590 of 31.12.2013 "On Certain Issues of Public Procurement of Goods (Works, Services)", since at the time of procurement of mineral fertilizers, the list of cases for public procurement using the single-source procurement procedure was excluded from this Decree on 23.02.2016.

In connection with the foregoing, contrary to the requirements of Part 2 of Article 41 of the Law of the Republic of Belarus No. 419-Z of 13.07.2012 "On Public Procurement of Goods (Works, Services)", the State Agricultural Unitary Enterprise "Lepel Experimental Station" committed another violation of the public procurement procedure, as mineral fertilizers are included in the list of goods whose procurement is carried out using electronic auctions, approved by the Resolution of the Council of Ministers of the Republic of Belarus No. 778 of 22.08.2012 "On Certain Measures for the Implementation of the Law of the Republic of Belarus No. 419-Z of 13.07.2012 "On Public Procurement of Goods (Works, Services)".

Responsibility for another violation of the public procurement procedure on the territory of the Republic of Belarus is provided for by Part 4 of Article 11.16 of the Code of Administrative Offences of the Republic of Belarus.

In accordance with Order No. 25.1-p dated 04.01.2016, O.D. Petukhova, Head of the Crop Department of the State Agricultural Institution "Lepel Testing Station", has been appointed responsible for the organisation and conduct of public procurement of mineral fertilizers at the State Agricultural Institution "Lepel Testing Station".

In accordance with the aforementioned order, control over the organisation and conduct of public procurement of goods (works, services) is assigned to the Chairperson of the Procurement Commission, namely: Chief Economist N.V. Zaitseva, who failed to ensure proper control during the procurement of mineral fertilizers by the State Agricultural Institution "Lepel Testing Station".

A written undertaking to comply with the restrictions established by Articles 17-20 of the Law of the Republic of Belarus "On Combating Corruption" was given by Chief Accountant M.V. Korotchik. However, it lacks the date of familiarisation. Responsibility for the untimely familiarisation of public officials with the requirements applicable to them is assigned to the official of the personnel service (Part 3 of Article 16 of the Law of the Republic of Belarus "On Combating Corruption").

In accordance with the requirements of Part 1 of Article 29 of the Law of the Republic of Belarus of 13.07.2012 No. 419-Z "On Public Procurement of Goods (Works, Services)", a certificate of the public procurement procedure shall be drawn up by the customer (organizer) within five working days from the date of conclusion of the contract or the adoption of a decision to cancel the public procurement procedure or declare it failed. Article 30 of the said Law stipulates that the public procurement procedure file shall include documents submitted to the participant for the preparation of proposals, invitations, minutes of commission meetings, proposals, the contract (except for the public procurement procedure file maintained by the organiser), a certificate of the public procurement procedure, as well as other documents determined by the state authorised body for public procurement.

During the inspection of the procedure and documentation of public procurement (procurement No. 2015-276103), it was found that neither the procurement file nor the information system "Tenders" on the website of the Information Republican Unitary Enterprise "National Centre for Marketing and Foreign Trade" (http://www.icetrade.by/) contained a certificate of the public procurement procedure.

Following the results of the inspection by the district prosecutor's office, a corresponding representation was made to the State Institution "Lepel Variety Testing Station".

Assistant Prosecutor of the District
T.M. Kastrukhina