Ukraine

1. Policy

The Ukrainian Public Procurement Law includes the following RBC objectives:

Environment

Human rights

People with disabilities

Integrity

Other policy frameworks

• Even if the labour rights objective is not included in the new Public Procurement Law, it is included and regulated in a dedicated policy framework, the Code of Labour. Some labour rights requirements in this code have to be applied to public procurement contracts.

Strategic frameworks

• The Public Procurement Strategy 2016-2022 (Road-Map) includes most of the aforementioned RBC objectives, except for considerations related to gender, minorities and long-term employment. However, the aspects not included are reflected or mentioned in sectorial strategic documents of the Ukrainian Government (e.g. Actions Programme of the Cabinet of Ministers).

2. Implementation

Pre-tender phase

• According to the new Procurement Law, the technical specifications for a tender may include environmental aspects.

Tender phase

• Contracting authorities may require bidders to confirm that their proposed goods, services or works meet environmental characteristics set in the tender documents.

• When the final users of purchase are natural persons, the contracting authority must ensure that the technical specifications take into account the accessibility criteria for persons with disabilities or specific design conditions for all users.

3. Good Practices

• The Ukrainian government adopted a new Procurement Law that came into force in April 2020, introducing more social and environmental aspects. Social aspects were not an essential part of the previous Public Procurement Law of 2015, and environmental considerations were not mandatory.