Why is it important to act cautiously?
Public procurement is a real growth channel for business: the market volume is measured in hundreds of billions of hryvnias every year. But participation in tenders also entails a heightened level of attention from regulatory authorities and law enforcement agencies.
This happens because public procurement is also about publicity and accountability. As a result, there are numerous inspections that create risks for business. According to the practice of our firm, at least 20% criminal proceedings under Articles 191, 364, 366 of the Criminal Code of Ukraine are initiated precisely after inspections or procurement analytics in Prozorro. And in case of doubt, suppliers often become suspects.
Common supplier mistakes — and how to avoid them
Improperly executed documentsFrom the act to the certificate
If the act of work performed is signed by a person without the appropriate authority or has a seal that does not correspond to the official one, this gives the right to consider the document falsified. The consequence may be the initiation of criminal proceedings and the recognition of the document as invalid. To avoid this, check who exactly signs the documents and whether this person really has the right to do so. Keep postal confirmations, official letters and originals.
Actual failure to fulfill the terms of the contract. Signing acts "retroactively" or with an unreliable date, when the actual delivery has not yet taken place, is one of the most common scenarios that fall under Articles 191 or 366 of the Criminal Code of Ukraine. If the investigation finds out that the delivery was only partial or took place later, the likelihood of opening a case is very high. Avoid such situations: record each stage of the fulfillment of obligations through acts, photos, videos, and signatures of authorized persons.
Work without a contract. Even if you win the auction, you should not supply goods or provide services without a concluded and signed contract or sign it later, after its implementation has begun. In the event of an audit, the absence of a contract can be used as evidence of a violation of the procedure. Work only on the basis of a signed and published contract - this is your protection in the event of a dispute.
How to act safely
Before submitting a tender, it is worth checking the customer - whether he has reputational risks, whether he is involved in criminal proceedings. All documents that you prepare for participation - certificates, certificates, confirmations - should be stored in a separate archive. You should not rely only on the electronic system - sometimes an original copy is needed for protection.
During the execution of the contract, record all actions: transfer of goods, acts, even correspondence in messengers. When signing documents, do not allow "post-dated" signings and do not save empty templates with signatures. After fulfilling obligations, initiate the final act and make sure that all parties have signed it.
Conclusion
Selling goods and services to the state is a possibility for scaling, but only if there is full legal discipline. The slightest carelessness or simplification of procedures - and the business finds itself under investigation. Keep documents, check contractors, do not rely on telephone agreements without written confirmation. Conducted legal analysis in government procurement is an investment in your security.
Source: League Law
