Problem

2.6.2. Procurement of goods, work, and services for defense purposes is carried out under conditions of excessive secrecy and has a low level of competition, which contributes to abuse and unjustified spending of budget funds.

General information about the problem

Since 2014, after the first acts of armed aggression by the Russian Federation, the volume of procurement of weapons, ammunition and other military goods has been steadily increasing. In 2021, the budgetary expenditures of the Ministry of Defense as part the State Defense Order reached UAH 26.4 billion, which is almost five times more than in 2014, when the Ministry of Defense spent UAH 5.6 billion on modernization and procurement of weapons.
The Ministry of Defense planned to spend more than UAH 95 billion on modernization of weapons and military equipment until 2024.
At the same time, most defense procurement procedures were carried out in violation of the principles of competitiveness, openness and transparency, which gave rise to a number of corrupt practices. For example, intermediaries who had no production facilities and did not perform any actual work were often involved in filling the state defense order. Often, the price of the state contract was artificially inflated, and the delivery of products was fictitious or substituted with a lower quality equivalent or used equipment.
On January 1, 2021, the Law of Ukraine On Defense Procurement was supposed to take effect and replace the State Defense Order. However, the implementation of this Law has been delayed for the entire year due to the slow process of adopting the necessary regulations. Additional amendments to the legislation on secrets of state were not developed to ensure transparency and competitiveness of most defense procurements, the disclosure of which would not harm national security and defense. Also, the Electronic Register of Competitive Selection Bidders and Contractors Performing Government Contracts (Agreements), which was supposed to serve as a filter against fictitious companies and ensure competition, has not been put into commercial operation.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 5
All measures of the SACP
measures, the implementation of which as of 31.03.2024
is about to begin to be completed
5 3 2
10
In progress Not implemented Not started
Measures implemented (fully and partially) - 0 (0%)

Deadlines for all measures

01.03.2023 - 31.12.2025

Implementation of SACP measures within the scope of the Problem by main main performers

Ministry of Defenсe of Ukraine

0%
7

Ministry for Strategic Industries of Ukraine

0%
2

Security Service of Ukraine

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 5

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.6.2.1 Procurement procedures for defense-related goods, works, and services are competitive and involve the use of an electronic procurement system, with certain reservations; the closed procurement procedure is used as an exception, and the legally defined single-sourcing procedure (procurement from a single contractor) is regulated in detail at the level of bylaws, in particular regarding the formulation of the cost and profit margin 2.6.2.1.1. Monitoring draft laws that propose amendments to the Law of Ukraine On Defense Procurement, which stipulates that defense procurement shall be carried out according to the following principles: 1) competitiveness; 2) effective spending of funds, effectiveness; 3) openness and transparency (except for information that constitutes a secret of the state, disclosure of which may harm national security); 4) preventing corruption, abuses and discrimination, and preparation of the relevant proposals. Ministry of Defenсe of Ukraine There is progress in the implementation of the measure In progress
0% 0/ 3
1.2. 2.6.2.1.2. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft act of the Cabinet of Ministers of Ukraine defining: 1) the admissibility and inadmissibility of reimbursement of expenditures (formulation of the prime cost) for defense products in accordance with the principles and procedures of NATO member states; 2) pricing and profit margin for defense products in accordance with the principles and procedures of NATO member states. Ministry of Defenсe of Ukraine The measure has not been implemented Not implemented
1.3. 2.6.2.1.3. Developing requirements for the cost accounting and monitoring system in a breakdown of contracts with manufacturers of defense products, which will be certified by an independent auditor in accordance with the principles and procedures of NATO member states Ministry of Defenсe of Ukraine The measure has not been implemented Not implemented
2.1. ESR 2.6.2.2 Secrecy in the defense procurement sector has been reduced to a reasonable level, the legislatively prescribed scope of information on procurement results is made public, including as a data set, and a transparent system of pricing for defense products is in place. 2.6.2.2.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law pertaining to the protection of classified information that defines, inter alia, the scope of information to be published in the electronic procurement system, which must include information about: 1) the name, total quantity, price of weapons, military equipment, ammo, spare parts, and materials for them, which are being procured for the needs of military formations and law enforcement agencies; 2) the finalized procurement (and its scope) of defense goods, work, and services for the Armed Forces and other military formations and law enforcement agencies. Ministry of Defenсe of Ukraine The measure has not been implemented Not implemented
0% 0/ 2
2.2. 2.6.2.2.2. Drafting amendments to the order of the Security Service of Ukraine dated December 23, 2020, No. 383 On Approval of the Code of Information Constituting a Secret of the State in pursuance of the law indicated in subclause 2.6.2.2.1 Security Service of Ukraine Not started
3.1. ESR 2.6.2.3 It has been made possible to carry out procurement not only based on the lowest price criterion, but also taking into account the life cycle cost of products and other non-price criteria necessary for the procurement of goods, works or services that meet the needs of the Armed Forces and other security and defense forces 2.6.2.3.1. Monitoring draft laws that propose amendments to the Law of Ukraine On Defense Procurement, which stipulates the following criteria of evaluation of bids submitted by bidders in the procurement process: 1) the level of life cycle support (warranty and after-sales service, disposal, etc.); 2) the life cycle cost, and preparation of the relevant proposals. Ministry of Defenсe of Ukraine There is no progress in the implementation of the measure In progress
0% 0/ 1
4.1. ESR 2.6.2.4 The Electronic Register of Competitive Selection Bidders and Contractors Performing Government Contracts (Agreements) has been formed in a transparent manner, and transparent notification of potential suppliers about plans to purchase goods, work, or services for defense purposes has been ensured 2.6.2.4.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine proposing amendments to the Procedure for Creating, Operating, and Maintaining the Electronic Register of Competitive Selection Bidders and Contractors Performing Government Contracts (Agreement), and Adding Business Entities to this Register, approved by the resolution of the Cabinet of Ministers of Ukraine dated March 17, 2021, No. 233, which provides for: 1) ensuring that the register of competitive selection bidders and contractors performing government contracts (and not the register administrator) performs systematization and retrospective analysis of data on business entities in defense procurement processes in accordance with classification attributes defined in Part 2 of Article 37 of the Law of Ukraine On Defense Procurement; 2) automatic population of the register with data; 3) ensuring the online publication of register information that does not contain secrets of the state. Ministry for Strategic Industries of Ukraine There is progress in the implementation of the measure In progress
0% 0/ 2
4.2. 2.6.2.4.2. Putting into operation the Electronic Register of Competitive Selection Bidders and Contractors Performing Government Contracts (Agreements), which will perform the functions indicated in subclause 2.6.2.4.1 and, among other things, contains systematized data on business entities based on classification attributes, and is populated with data automatically Ministry for Strategic Industries of Ukraine Implementation of the measure has not started Not started
5.1. ESR 2.6.2.5 In order to minimize the risks of corruption in import procurement, cooperation with the NATO Support and Supply Agency has been established 2.6.2.5.1. Defining procedures for conducting defense procurement through international specialist organizations, their representative offices, specialized funds, enterprises, institutions, and organizations, as well as through international military sales programs, which have been identified according to the list of international specialist organizations and their representative offices involved in procurement of defense goods, work, and services, approved by the resolution of the Cabinet of Ministers of Ukraine dated May 26, 2021, No. 527 Ministry of Defenсe of Ukraine There is no progress in the implementation of the measure In progress
0% 0/ 2
5.2. 2.6.2.5.2. Conducting defense procurement through international specialist organizations, their representative offices, specialized funds, enterprises, institutions, and organizations, as well as through international military sales programs in accordance with the procedures indicated in subclause 2.6.2.5.1 Ministry of Defenсe of Ukraine There is no progress in the implementation of the measure In progress

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: