NAKO analysed the first reading of the draft law No. 8381 “On Amendments to the Law of Ukraine ‘On Defence Procurement’ to Introduce Transparency in Defence Procurement (except for information on procurement of goods, works and services for defence purposes that constitute a state secret) to ensure the protection of state customers from military threats for the period of martial law in Ukraine”.
NAKO experts analysed this draft law and found that the legal act discloses only a part of information on defence procurement. The terms of delivery and payment, storage, processing or any other related services that may be purchased together with the goods and have an impact on the final price will remain unknown to the public.
No information that constitutes a state secret or other information related to this aspect will be made public.
It should also be emphasised that there may be problems with control over reporting and sanctions for non-compliance. After all, other control provisions have been suspended for the period of martial law and the draft law does not provide for new mechanisms of liability for violation of information disclosure requirements. It is impossible to determine whether public procuring entities publish data on all procurements subject to disclosure or whether some part of the contracts remains invisible to the public.
A detailed analysis in Ukrainian can be found below: