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Public Procurement


Contracting authorities and bidders in local, EU and international procurement procedures, need to rely on legal advice informed by extensive experience on both sides of the process. Public procurement legislation has undergone some significant changes in Central and Eastern Europe in recent years. Despite legislation moving closer towards harmonisation with the EU, many practical challenges remain. CMS has worked on scores of complex projects in the region over the last two decades and fields specialist public procurement lawyers across 15 full-service offices. Our lawyers offer a powerful combination of local expertise and insight coupled with international know-how and perspective on public procurement issues.  We can guide you through complex public tender issues, from the formation and building of bidding consortia, concession contracts and sophisticated PPP projects, through to compliance, investigations and procurement-related disputes and litigation.

In Ukraine and across CMS, our specialists have longstanding sector-expertise across core industries including infrastructure, lifesciences/healthcare, transport, and technology, media and communications. This approach means we can resolve your complex public tender issues, including formation and building of bidding consortia, protection of confidential information, anti-trust matters, evaluations, specific rules around framework agreements, concession contracts and complex PPP projects. Further, we can assist regarding feedback and debriefing and how to approach different regulated tender procedures. We also provide support before tribunals and courts across Europe or in front of the European Commission.

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Kostadin Sirleshtov
1 September 2017
CEE Pub­lic Pro­cure­ment Tool­box for Rem­ed­ies
Ukraine: Con­sti­tu­tion­al court rules that status of the Reg­u­lat­or must...
On 13 June 2019, the Con­sti­tu­tion­al Court of Ukraine by its de­cision (the "De­cision") ruled that cer­tain pro­vi­sions of the Law of Ukraine On Na­tion­al Com­mis­sion that Per­forms State Reg­u­la­tion in the Spheres of En­ergy and Util­it­ies No.
Ukraine: draft law sim­pli­fy­ing em­ploy­ment for for­eign na­tion­als
The Ukrain­i­an par­lia­ment has just re­gistered a draft law de­signed to amend ex­ist­ing em­ploy­ment le­gis­la­tion and to over­come the neg­at­ive con­sequences of the massive em­ploy­ment mi­gra­tion of Ukrain­i­an cit­izens abroad.
Ukraine and Is­rael sign free trade agree­ment
On 21 Janu­ary 2019, Ukraine and Is­rael form­ally con­cluded a free trade agree­ment. The fi­nal deal, which was the cul­min­a­tion of sev­en years of ne­go­ti­ations, was signed by Stepan Ku­biv, the Ukrain­i­an Min­is­ter of Eco­nom­ic De­vel­op­ment and Trade, and Eli Co­hen,.
Ukraine changes court fee rates in 2019
Be­gin­ning 1 Janu­ary 2019, court fee rates pay­able in Ukrain­i­an courts have in­creased on av­er­age to 9% com­pared to rates charged in 2018. This in­crease is a res­ult of the latest rise in the min­im­um liv­ing wage for an em­ploy­able per­son (here­in­after – the “MLW”),.
European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds nu­mer­ic­al games (the Lotto) and the con­di­tions for its tender.
Ukraine in­creases min­im­um wage and pen­al­ties for em­ploy­ment law breaches
Be­gin­ning 1 Janu­ary 2019, Ukraine raised the min­im­um stat­utory monthly wage from UAH 3,723 (EUR 117) to UAH 4,173 (EUR 132), and in­creased fin­an­cial pen­al­ties against em­ploy­ers for breaches of em­ploy­ment le­gis­la­tion linked to min­im­um wages.
Ukraine ad­opts law on mari­time con­tigu­ous zone
On 6 Decem­ber 2018 the Ukrain­i­an par­lia­ment ad­op­ted Ukraine’s Con­tigu­ous Zone Law (the “Law”) that gov­erns the ex­er­cise by Ukraine of its sov­er­eign powers with re­spect to Ukraine’s mari­time con­tigu­ous zone.
Ukraine fur­ther im­proves rules of crim­in­al pro­ced­ure to elim­in­ate...
The Law No. 2548-VIII dated 18. 09. 2018 On Amend­ing Crim­in­al Pro­ced­ure Code Re­gard­ing Im­prove­ment of En­sur­ing Rights of Par­ti­cipants of Crim­in­al Pro­ceed­ings and oth­er Per­sons by Law En­force­ment Au­thor­it­ies In the Course of Con­duct­ing Pre-Tri­al In­vest­ig­a­tions.
Ukrain­i­an of­fi­cials strengthen bor­der entry con­trol dur­ing tem­por­ary...
Fol­low­ing the in­tro­duc­tion of mar­tial law in Ukraine (ef­fect­ive since 28 Novem­ber 2018, more de­tails here), on 30 Novem­ber 2018, the Pres­id­ent of Ukraine an­nounced in so­cial me­dia re­stric­tion on the entry to Ukraine of male Rus­si­an na­tion­als between the ages.
Mar­tial law not ex­pec­ted to im­pact busi­ness op­er­a­tions in Ukraine
On 26 Novem­ber 2018, Ukrain­i­an par­lia­ment ap­proved and en­acted Pres­id­en­tial De­cree No. 393 "On In­tro­duc­tion of Mar­tial Law" (the "De­cree"), but lead­ers ex­pect that it will be busi­ness as usu­al in Ukraine for the fore­see­able fu­ture.
Ukrain­i­an Court Rules that Share­hold­er Can Act as Dir­ect­or without...
On 7 June 2018 Kharkiv Dis­trict Ad­min­is­trat­ive Court (the “Court”) is­sued de­cision in case No. 820/3159/18 (the “Judge­ment”), where the Court opined that a par­ti­cipant in a lim­ited li­ab­il­ity com­pany act­ing as the com­pany’s dir­ect­or may spare him­self/her­self.