Budget: 800 UAH Deadline: 2 days
I am ready to provide legal advice on this matter in accordance with the current legislation of Ukraine.
According to Ukrainian legislation, in particular the Law of Ukraine "On Public Procurement" and other regulatory legal acts, a gymnasium as a state institution can enter into contracts for the purchase of goods, works, or services with legal entities and individual entrepreneurs. However, in such cases, there are special requirements regarding the avoidance of conflicts of interest and adherence to the transparency of procurement procedures.
In your case, where a relative of the director (an individual entrepreneur of group 2 with the same surname) proposes to enter into a contract for the amount of 70 thousand UAH, it is important to consider the following points:
Conflict of interest: It is necessary to ensure compliance with the principle of transparency and avoidance of conflicts of interest. According to the requirements of the legislation, the director of the gymnasium must take measures to ensure the objectivity and fairness of the contract conclusion process. This may include, for example, notifying about a potential conflict of interest and ensuring that other possible suppliers have equal access to the tender.
Legislative restrictions: The law does not prohibit entering into contracts with relatives of the heads of institutions; however, such contracts must be concluded on the basis of transparency and in accordance with the procedures established for public procurement. It is worth checking whether there are specific requirements or restrictions in the regulatory acts for such cases.
Documentation: It is important to ensure proper documentation of all stages of procurement, including justification for the choice of supplier and the presence of confirmations of compliance with the requirements of the legislation. This will help avoid possible questions from regulatory authorities.
In order to avoid any misunderstandings or additional questions from regulatory authorities, I recommend strictly adhering to all procedural requirements and ensuring proper documentation.
If you need additional consultation or assistance in preparing documents for the conclusion of the contract, I am happy to help.