The State Financial Inspectorate of the Odessa region provided information to activists on the results of an audit of the Avgustynsky village council in the Belyaevsky district of the Odessa region.
As a reminder, the public organization "Rule of Law" previously filed complaints with law enforcement and regulatory agencies regarding violations of public procurement laws by the Avgustinsky Village Council tender committee.
Analyzing the response from the State Financial Inspectorate in Odessa Oblast, one can conclude that the overpayment of 1,276,435.76 hryvnias from the state budget is normal and completely legal.
According to S.I. Konev, Head of the State Financial Inspectorate in the Odessa Region, during an inspection of the Avgustynsky Village Council in the Belyaevsky District of the Odessa Region, no violations of tender legislation by members of the tender committee were found. The rejection of the bids of the lowest bidders was entirely legal.
Instead of ensuring the return of illegally overpaid budget funds to the treasury and punishing those responsible, the head of the state financial inspectorate in the Odesa region is drawing the attention of activists to the fact that the Ukrainian Law "On Public Procurement" does not define the concept of "formal violations." Therefore, the official believes, the contracting authority is obligated to reject proposals from those participants who do not comply with the terms of the competitive bidding documentation, even for minor and formal reasons.
Disagreeing with the audit findings and the apparent inaction of regulatory officials, activists filed a complaint with the State Financial Inspectorate of Ukraine and the Odessa Oblast Prosecutor's Office seeking to hold the State Financial Inspectorate officials in the Odessa Oblast accountable for their negligence in the performance of their duties.
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Below is the response from the State Financial Inspectorate in the Odessa region and the text of the complaint from the activists.
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Heads of the State Financial Inspectorate of Ukraine
Gordienko Mikola Grigorovich
04070, metro Kiev, vul. Sagaidachnogo, 4
Prosecutor of Odessa region
Prize to Andriy Andriyovich
65026, metro Odessa, st. Pushkinska, 3
SCARGA
07/22/2014 r. The huge organization “Rule of Law” with sheet No. 132/07-14 appealed to the State Financial Inspectorate in the Odessa region with a statement about the violation of legislation in the sphere of state purchases by Augustivska Rural Rada of the Bilyaevsky district of the Odessa region at the hour of registration of services for the day care of the kindergarten for the 80th month in the village. Kotovka.
08/14/2014 r. The State Financial Inspectorate in the Odessa region, with leaflet No. 15-31-23-14/8029, informed the large organization that the violation of legislation in the sphere of state procurement was not established by the re-inspection.
The State Organization “Rule of Law” is not pleased with the results of the verification, considers them to be unverified, carried out without further modification of the law, and is regarded as unlawful inactivity.
The Law of Ukraine “On the main tasks of the state financial control” states that the main tasks of the state financial control body are the state financial control over the sources and savings of the state financial resources, the correctness of the allocation of consumption in budgetary costs and taking crops, effective vikoristannya costs and lanes,
Regulations on state financial inspections in the Autonomous Republic of Crimea, regions, mm. Kiev and Sevastopol, approved by Order of the Ministry of Finance of Ukraine No. 1236 dated 03.10.2011, also established the task of financial inspections to control the development of sovereign funds.
In its statement, the huge organization made compelling arguments about the formal support of participants with the lowest price propositions, which led to excessive wastage of state funds amounting to 1,276,435.76 UAH
In fact, the State Financial Inspectorate in the Odessa region expressed the respect of the huge organization for the fact that the Law of Ukraine “On the current state purchases” does not define the concept of “formal violations”, “non-substantive”, and that The solicitor is obliged to respect the proposals of these participants, which do not correspond to the competitive bidding documentation.
During the hour, the purchased proposal of LLC "Sk Eurostroy", which offered its services at the lowest price, was channeled through those who, in the proposal of the participant, were a daily leader from the unified state register legal and physical persons; Daily certificate for ownership, energy saving.
At the same time, behind the notes of Art. 16 of the Law of Ukraine “On current state procurements” Deputies for each procurement procedure establish the following qualification criteria for participants:
— evidence of possession and material and technical base;
— the availability of workers of appropriate qualifications who may have the necessary knowledge and evidence;
— the availability of documented evidence of similar agreements; - the availability of financial capacity (balance sheet, information about financial results, information about the collapse of pennies, information from the service bank about the availability (availability) of debt for loans).
The establishment of other criteria and the issuance of mandatory requirements has not been passed on by law.
And such arguments, such as the number of various evidences, cannot be considered important and sufficient for the participant’s understanding of participation in the purchase, or accept a valuable proposition.
Law of Ukraine “On the development of sovereign financial control” at Art. 5 it is established that the verification of sovereign purchases involves a documentary and factual analysis, complemented by the controlled provisions of the legislation on sovereign purchases, and is carried out by the sovereign financial control body at all stages of sovereign purchases. The results of the verification of government purchases are included in the document.
Article 10 of the Law transfers the rights of control bodies in case of violations identified, among them the right to present to the workers and other persons of enterprises, the establishment of the organization that is being controlled, obliging them until the viconnation of the possible sufficiency. revealing a violation of the law, to destroy before the relevant government authorities the recognition of invalid agreements based on the violation of the law, in court order to collect money from the revenue of the state, to revoke the illegal agreements under the control of the authorities, without established by law violation of legislation; impose administrative burdens on kernel workers and other service personnel of controlled installations.
At the same time, the State Financial Inspectorate in the Odessa region was aware of the benefits of legislation and did not speed up its right to receive responses, but rather respected the fact that the Law “On the Development of State Purchases” is not enshrined The concept of “formal violations” is connected with which the deputy of the duty is to strengthen the proposals of these participants, which do not correspond to the minds of the documentation of competitive bidding and legislation. The necessary analytical activities aimed at establishing the truth, confirmation or production of information given by the recommendation were not carried out by the DFI, without actually completing the necessary activities directed to implementation of its control functions.
And it is important that the State Financial Inspectorate in the Odessa region unreliably approached the statement of a huge organization, inappropriately carried out a re-verification of the statements of the arguments, and irresponsibly examined the circumstances of the investigation. actually revealed the illegal inactivity of the new obvious violation of the legislation on purchasing for state funds.
Insurance companies, subject to the Law of Ukraine “On ambushes and anti-corruption”, Regulations on the State Financial Inspectorate of Ukraine, approved by Decree of the President of Ukraine dated April 23, 2011 No. 499/2011, Law of Ukraine “On the Prosecutor’s Office”, Zoo of the Community”
WE REQUEST:
Pull the authorities of the State Financial Inspectorate in the Odessa region to court for inactivity and improper review of the application of the huge organization “Rule of Law” No. 132/07-14 dated 07/22/2014
Addendums in copies:
1. Statement of the Civil Society “Rule of Law” No. 132/07-14 dated July 22, 2014.
2. DFI sheet in the Odessa region No. 15-31-23-14/8029 dated 08/14/2014.
Head V.I. Semenov
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