Oleksandr Fefelov, Partner, Head of Antitrust and Competition Practice at Ilyashev & Partners Law Firm

Alina Borovets, Attorney at Law at Ilyashev & Partners Law Firm

As Ukraine rebuilds in the face of war and drives forward its EU accession agenda, public procurement stands at the intersection of transparency, accountability, and opportunity. With billions of euros in reconstruction funding at stake, Ukraine’s open and digitalized procurement system is designed to ensure competitive access for international suppliers – while demanding strict adherence to local rules and wartime adaptations.

The combination of the Prozorro system, IFI-backed procedures, and evolving legal reforms offers significant prospects for foreign companies seeking to do business with Ukrainian state and municipal buyers. At the same time, complex requirements, language barriers, and risks of procedural misconduct require a strategic and legally informed approach.

This guide provides international bidders with a clear roadmap for entering Ukraine’s public procurement market: from understanding key procedures and documentation rules to identifying red flags and mitigating legal exposure.

Ukrainian Procurement System: Legal Framework and Wartime Adjustments

Ukraine’s public procurement system is shaped by a dynamic legal framework that blends international standards with urgent wartime realities. For international suppliers, understanding this structure is essential to successfully navigating opportunities in one of Europe’s largest reconstruction efforts.

The foundational act is the Law of Ukraine “On Public Procurement” (the “Law”), which governs the procurement of goods, works, and services financed by state and local budgets, as well as by public enterprises subject to procurement regulation. It ensures procurement is based on principles of fairness, competition, transparency, and efficiency – principles that remain central even under martial law.

A turning point came in 2016, when Ukraine replaced outdated paper-based procedures with the Prozorro electronic system, marking the start of a fully digital and transparent procurement environment. Further improvements followed in 2020, when a new version of the Law introduced significant enhancements: the right to correct errors in bids within 24 hours, mechanisms to prevent dumping (e.g., abnormally low price rule), and more flexible procedures. These reforms reflected Ukraine’s commitment to EU-aligned, fair, and competitive procurement processes.

However, following the full-scale Russian invasion in February 2022, the procurement system had to rapidly adapt to ensure uninterrupted support for defense and recovery efforts. On 12 October 2022, the Cabinet of Ministers adopted Resolution No. 1178, approving the Peculiarities of Public Procurement – a set of temporary rules designed for the duration of martial law and the 90 days following its termination.

These Peculiarities empower contracting authorities – such as the Armed Forces of Ukraine, hospitals, municipalities, and critical infrastructure operators – to use expedited and flexible procedures, ensuring swift access to vital goods and services. In practice, this means reduced timelines, broader use of direct contracting or negotiated procedures, and streamlined documentation.

Although these temporary rules ease bureaucratic burdens, they demand greater discipline, vigilance, and legal awareness from both buyers and suppliers. The risks of non-compliance or procedural flaws are real – especially under heightened public and regulatory scrutiny.

Importantly, even under martial law, Ukraine maintains its commitment to transparency and accountability, supported by digital infrastructure and legal safeguards. The current system is a unique legal hybrid: combining core EU standards, the structural integrity of Prozorro, and flexible wartime rules. For foreign suppliers, this creates both opportunity and responsibility – access to billions in public spending, but also the need for careful legal and strategic planning.

Key Takeaway: Ukraine’s procurement law continues to evolve. For international suppliers, success requires understanding how permanent legal norms interact with temporary wartime exceptions  – and using that knowledge to build compliant, competitive bids.

The Prozorro System Explained

At the heart of Ukraine’s public procurement framework lies Prozorro – an award-winning digital system built on the principles of transparency, accountability, and fairness. Its name, derived from the Ukrainian word for “transparent,” reflects its founding philosophy: “everyone sees everything.” For foreign suppliers, understanding Prozorro is essential for navigating the procurement process confidently and effectively.

Prozorro ensures that all procurement-related information – announcements, submitted bids, decisions of procuring entities, concluded contracts, appeals, and clarifications – is available in the public domain. It minimizes corruption risks, ensures oversight by civil society, and provides a level playing field for both domestic and international bidders.

Participation in Prozorro auctions is entirely online, conducted via authorized electronic platforms connected to the central Prozorro database. This system allows foreign companies to participate remotely without physical presence or local registration, removing one of the key barriers to entry into the Ukrainian market.

Key Features of Prozorro:

  • Full transparency and public access to all procurement data
  • Equal access to tender documents and bid submission
  • Online registration and auction participation from anywhere in the world
  • Integration with the e-appeal system for complaints and monitoring

Available Procurement Procedures:

Ukraine’s procurement law provides for a range of procedures adapted to the contract value, market conditions, and complexity of the procurement. These include:

Open bidding

The most common procedure for procurements over UAH 200,000 (goods/services) or UAH 1,500,000 (works). Requires at least two valid bids and includes a bid submission period of at least 15 calendar days.

Open bidding with English publication

Applies where the expected value exceeds EUR 133,000 (goods/services) or EUR 5,150,000 (works). Tender documents and announcements are published in both Ukrainian and English. The submission period is at least 30 days. The key difference from standard open bidding: tender compliance is assessed before the electronic auction begins.

Negotiation procedure

Used only in exceptional cases listed in Article 40 of the Law. These include:

  • Two failed open biddings
  • Urgent/emergency needs (e.g., wartime, humanitarian aid)
  • Procurement from a single supplier for technical or IP reasons
  • Additional procurement from the original supplier (up to 50% of the initial contract value within three years)
  • Procurement under debt restructuring or legal proceedings

The procuring entity negotiates directly with one or more suppliers and signs a contract without an auction.

Competitive dialogue / Restricted bidding

Suitable for innovative or complex procurements where technical solutions cannot be clearly defined upfront. Conducted in two stages: pre-qualification and submission of proposals. Particularly useful for infrastructure, IT, or energy-related projects.

Simplified procurement

Intended for lower-value contracts (between UAH 50,000 and the thresholds for open bidding). Offers shorter timelines and a streamlined process. Temporarily suspended during martial law, except where authorized by specific regulations.

Direct contracts with reporting

For procurements under UAH 50,000, procuring entities can enter into direct contracts without competitive procedures, but must publish a report on the concluded contract in Prozorro.

Wartime Adaptations:

In response to the full-scale war, the Ukrainian Government adopted Resolution No. 1178, which temporarily modifies procurement procedures:

  • Enables broader use of negotiation procedures
  • Reduces documentation requirements
  • Allows faster conclusion of contracts without compromising transparency

These changes do not limit the participation of foreign companies—in fact, they often facilitate it.

Language and Translation Requirements:

All tender documents must be prepared in Ukrainian. Procuring entities may choose to provide translations, especially in high-value or IFI-funded tenders, but the Ukrainian version is legally binding. Bids may be submitted in another language only if permitted in the tender documentation.

The law does not prescribe a specific form of translation authentication, but the procuring entity may require notarization, apostille, or other forms of validation. Foreign suppliers should check these requirements carefully in each case.

Takeaway: Prozorro provides a robust, fully digital environment for conducting public procurement. Foreign suppliers benefit from transparency, remote access, and legal protections—provided they understand the specific procedures and adhere to the applicable formalities.

Using Prozorro Market: Electronic Catalog Procurement

In the context of martial law and the urgency of meeting public needs, Ukraine has significantly expanded the use of Prozorro Market – a centralized electronic catalog designed to simplify procurement for government institutions. For international suppliers, this system offers a fast-track entry point into Ukraine’s public procurement ecosystem, bypassing many bureaucratic complexities of traditional open bidding.

Prozorro Market enables direct purchases from pre-qualified suppliers based on standardized product listings and specifications. Unlike open tenders, procurement through the e-catalog avoids a formal appeals stage, reducing risks of delays and enabling rapid delivery of goods — especially crucial in emergency or low-value procurement contexts.

This mechanism is governed by the Law on Public Procurement and Resolution No. 822 of the Cabinet of Ministers of Ukraine (14 September 2020). While originally intended for low-value purchases (under UAH 200,000), martial law amendments allow unrestricted use of Prozorro Market, regardless of the contract value.

Key features include:

  • Pre-qualification of suppliers through designated centralized procurement organizations (CPOs)
  • Category-based product listings structured under CPV codes (DK 021:2015)
  • Standardized specifications and delivery terms
  • Real-time pricing and availability updates from suppliers

There are three procurement options depending on the value:

  • Up to UAH 50,000 – direct purchase from catalog without prior request
  • UAH 50,000 – 500,000 – request for quotations within a product category
  • Above UAH 500,000 – full tender procedure or centralized procurement by a CPO

To be listed, suppliers must undergo a qualification process administered by a designated CPO. Once approved, suppliers submit product information, technical specifications, pricing, and delivery terms. All entries are subject to moderation for compliance with Prozorro Market standards.

Procuring entities must be registered in the Prozorro system, use qualified electronic signatures, and follow non-discrimination and equal treatment principles when selecting suppliers from the catalog.

Centralized procurement organizations currently operating include:

  • SI “Professional Procurement” – procurement for state institutions and enterprises;
  • State Enterprise “Medical Procurement of Ukraine” – pharmaceuticals and medical equipment;
  • State Enterprise “Ukrainian Special Systems” – specialized equipment and cybersecurity.

Strategic Insight: For international suppliers seeking a low-barrier entry to the Ukrainian procurement market, Prozorro Market offers an excellent starting point. It avoids many procedural risks, does not require appeals navigation, and enables quick access to repeat contracts with state buyers. However, suppliers must ensure timely qualification through the relevant CPO and maintain accurate, up-to-date catalog entries.

Foreign Supplier Participation: Key Considerations

Ukraine’s public procurement system is open to foreign companies and provides legal guarantees of non-discriminatory treatment and equal access to tenders – with the exception of entities registered in the Russian Federation, Belarus, and Iran. This access is underpinned by principles enshrined in the Public Procurement Law: fair competition, efficiency, transparency, and impartiality in evaluating bids.

International suppliers – regardless of their country of registration or ownership structure – are entitled to:

  • participate in public tenders on equal terms with Ukrainian companies,
  • receive full access to procurement documentation,
  • submit bids electronically via the Prozorro system.

Procuring entities are prohibited from imposing discriminatory conditions or restricting foreign participation without clear justification.

International Treaties Take Priority

The Law explicitly states that international treaties ratified by Ukraine prevail over national legislation if they establish different procurement procedures. This applies in particular to IFI-funded tenders (e.g., those financed by the World Bank, EBRD, EIB, IDA, etc.), which may be conducted in accordance with the rules of the funding institution. If such rules do not exist, Ukrainian law applies, subject to localization.

Key Documentation Requirements for Non-Residents

Foreign bidders must submit documentation in line with Ukrainian tender requirements, but with flexibility to accommodate legal systems outside Ukraine. In particular:

  • Procuring entities may require apostilled or legalized documents, unless an applicable treaty provides otherwise.
  • Documents prepared under foreign law are valid, provided they confirm compliance with the tender requirements.
  • Rejecting a bid solely due to the format or origin of documents – if those documents prove compliance – is a violation of the non-discrimination principle.

Examples of acceptable documentation for foreign bidders:

  • Certificates of good standing, tax clearance, or no criminal record issued by authorities in the bidder’s home jurisdiction;
  • Official letters confirming the absence of required documents under foreign law;
  • International financial statements demonstrating solvency and capacity;
  • Technical certificates or licenses issued in the country of registration.

Qualification Criteria and Equal Recognition

Under Article 16 of the Law, procuring entities may request proof of:

  • relevant experience with similar contracts,
  • technical capacity or material base,
  • qualified personnel,
  • financial soundness.

Foreign bidders may demonstrate compliance using documents issued in their home jurisdiction, including audited financials and international certificates. Due to harmonization of accounting and reporting standards, these documents are generally accepted unless Ukrainian law specifically requires otherwise.

Language and Format

All documents must be uploaded via Prozorro, typically as scanned PDF files, and often accompanied by Ukrainian translations. For tenders above EUR 133,000 (goods/services) or EUR 5,150,000 (works), English-language publication is mandatory, further facilitating access for foreign bidders.

Limitations on Exclusion Grounds

Exclusion from procurement is allowed only under clearly defined grounds. Foreign suppliers must be treated equally – if a certain document (e.g., a certificate of no corruption offense) is not issued in the bidder’s country, an official explanation must be accepted.

Strategic Recommendation

While the Ukrainian procurement system offers broad access and legal protections, participation still requires meticulous preparation. Engagement with local legal and technical experts – from lawyers and compliance professionals to engineers and logisticians – can dramatically improve bid quality and alignment with legal norms.

Focus on IFI-Funded Tenders

As Ukraine accelerates its recovery and modernization, tenders financed by international financial institutions (IFIs) – such as the World Bank, the European Bank for Reconstruction and Development (EBRD), and the European Investment Bank (EIB) – have emerged as the gold standard for transparency and fair competition in public procurement.

Participation in IFI-funded projects offers substantial advantages for international suppliers. These tenders operate under separate procurement frameworks established by the donor institutions themselves, which prioritize open access, equal treatment, and rigorous oversight. As a result, bidders benefit from predictable procedures, English-language documentation, and reduced risk of arbitrary disqualification.

Key features of IFI tenders include:

  • Use of international open bidding or competitive dialogue procedures.
  • Transparent qualification criteria and scoring methodologies.
  • Publication of tenders on IFI websites and global procurement platforms.
  • Independent appeal mechanisms for dispute resolution.
  • Application of donor rules with primacy over national legislation in case of conflict.

The extensive funding provided by IFIs plays a critical role in rebuilding Ukraine’s infrastructure, housing, healthcare, transport, and energy sectors. Foreign suppliers that meet international compliance and technical standards can secure large-scale contracts in areas of strategic importance.

However, participation in IFI-funded tenders also requires strict adherence to high operational standards, including:

  • Financial transparency and anti-corruption compliance;
  • Environmental and social safeguards;
  • Technical and logistical capacity for implementation in complex environments;
  • No history of sanctions, misconduct, or fraud.

It is important to note that while IFI tenders are more accessible to foreign participants, they still require compliance with certain aspects of Ukrainian law, such as registration, taxation, and local certification (where applicable). As such, cooperation with experienced Ukrainian legal and technical advisors is recommended to bridge the gap between international frameworks and domestic procedures.

For bona fide suppliers, IFI-funded procurement provides a level playing field, mitigates the risks of local favoritism or cartel conduct, and offers an effective channel for accessing high-value, development-driven projects in Ukraine.

Requirements that Artificially Restrict Competition

Despite the legal principles of fair competition and equal access, practice reveals widespread use of discriminatory tender requirements that restrict the pool of eligible participants. These conditions often serve to pre-select a winner – not based on merit, but on technicalities that only one or a few suppliers can satisfy.

“Discriminatory conditions” typically involve unjustified restrictions that lack a clear link to the subject matter of procurement. Examples include:

  • Requiring confirmation of prior contracts only in a specific geographic region;
  • Demanding physical offices or branches in every oblast of Ukraine;
  • Setting unusually narrow definitions of “similar contracts” that match only one bidder’s portfolio;
  • Imposing technical standards that far exceed the project’s real needs without proper justification.

Such conditions not only violate the principle of openness – they distort the entire purpose of public procurement. Instead of selecting the most competitive offer, procuring entities end up awarding contracts based on artificially constructed filters. This can lead to inflated pricing, subpar quality, and inefficient use of public funds.

The underlying cause is often collusion between the procuring entity and a predetermined supplier, a hidden form of anticompetitive behavior known as shadow tendering. In such cases, the tender documentation is drafted to exclude all but the intended winner. These tactics are particularly dangerous in tenders involving strategic infrastructure, humanitarian supplies, or large-scale funding.

Foreign suppliers should scrutinize tender terms for signs of bias and prepare to challenge them before the deadline for complaints. Under Ukrainian law, a participant may file an appeal with the Antimonopoly Committee of Ukraine (AMCU), which applies a presumption of illegality to any condition that cannot be objectively justified. If successful, the AMCU may order the procuring entity to amend or cancel the discriminatory requirement.

Recent reforms have also empowered the AMCU, through court-authorized inspections under Law No. 3295-IX (2023), to seize documents, inspect premises, and access electronic records in cases of suspected collusion or abuse of discretion by procuring entities.

Takeaway: If a tender condition seems unreasonably narrow, location-specific, or disproportionate – it likely is. Legal review and early objection are critical steps to prevent unfair exclusion and uphold competitive integrity.

Collusion Between Bidders: How the AMCU Detects and Proves Violations

Distortion of tender results through coordinated actions between participants is explicitly prohibited under Ukrainian competition law. The Antimonopoly Committee of Ukraine (AMCU) qualifies such collusion as anticompetitive concerted actions – a serious offense that may result in financial penalties and exclusion from future procurement.

Uncovering these violations is complex. Most conspiracies are covert and lack direct evidence. Therefore, the AMCU applies a “mosaic” approach – building a case from a combination of indirect indicators, which together point to coordinated behavior.

  • Common indicators of bidder collusion include:
  • Shared founders, beneficiaries, or family/corporate ties between bidders
  • Use of the same office space, equipment, or employees
  • Submission of documents from the same IP address or device
  • Identical formatting errors or templates in tender proposals
  • Economic dependence of one bidder on another (e.g., subcontracting, shared funding)
  • Lack of competition between these entities in other markets

The AMCU also reviews broader patterns – such as repetitive joint participation without competitive behavior – and may rely on external evidence, including registry data, email metadata, and even corporate changes preceding a tender.

Importantly, courts uphold that actual damage or harm does not need to be proven. It is sufficient to establish that bidders acted in a concerted manner and that such conduct could distort competition.

Recent case law supports the AMCU’s methodology, confirming that a consistent set of indirect facts – such as shared infrastructure, overlapping personnel, or synchronized conduct – is enough to qualify behavior as unlawful collusion.

In light of these risks, international suppliers must be cautious when working with local partners. Even unintentional links to questionable entities can lead to investigation and reputational harm. Legal vetting of potential consortium members or subcontractors is a necessary step before participation.

Discriminatory Practices and Anticompetitive Collusion

Procurement rules in Ukraine prohibit practices that limit competition or create artificial barriers to participation. However, some procuring entities may still introduce discriminatory conditions aimed at favoring a specific supplier. The Antimonopoly Committee of Ukraine (AMCU) evaluates such conditions using a presumption of illegality unless a legitimate need is proven.

A typical example includes requiring bidders to maintain regional offices throughout Ukraine, which may be unjustified for service contracts where mobile teams or subcontractors could suffice. Similarly, demands for “similar agreements” with overly narrow parameters can effectively eliminate competition.

These tactics may signal hidden collusion between the procuring entity and a preferred bidder. Unlike open cartel agreements, such collusion is covert and difficult to prove, involving informal arrangements, past affiliations, or selective enforcement of requirements. Indicators of collusion include:

  • Excessively specific or irrelevant qualification criteria
  • Personal or corporate ties between procuring entity staff and the bidder
  • Participation by shell companies designed to simulate competition
  • Patterns of repeated contract awards to the same supplier

In cases involving public funds or strategically important goods and services, these practices can escalate into criminal liability. Violations may be prosecuted under Article 191 of the Criminal Code of Ukraine for embezzlement or abuse of office.

The AMCU, empowered under Law No. 3295-IX (adopted on 9 August 2023), can now conduct in-depth inspections. With a court order, it may enter premises, access electronic systems, seize documents, and request explanations, often involving law enforcement support. This enhances the state’s capacity to detect and deter collusion.

Foreign bidders should treat discriminatory conditions not just as procedural errors but as potential signs of deeper systemic issues. Legal advice and proactive complaint filing with the AMCU remain essential safeguards.

Red Flags to Watch

  • Unrealistically short deadlines that limit fair competition.
  • Highly specific technical criteria that only one local bidder could meet.
  • Frequent last-minute amendments to tender documentation.
  • Inconsistencies between Ukrainian and English versions of tender materials.
  • Repetition of the same winner in similar tenders from the same procuring entity.
  • Absence of clear evaluation criteria or scoring methodology.
  • Failure to publish English-language notices for IFI-funded tenders.
  • Lack of transparency in supplier qualification decisions.

AMCU Enforcement and Legal Liability

Violations such as discriminatory tender conditions or anticompetitive collusion carry serious legal consequences for both bidders and procuring entities. Companies found guilty by the Antimonopoly Committee of Ukraine (AMCU) may face fines and a ban from public procurement for up to three years – a penalty that effectively excludes many businesses from the market.

Fines are calculated under AMCU Order No. 22-rp (14 Dec 2023) and may be adjusted depending on mitigating factors such as voluntary cessation of violations, cooperation during investigation, or circumstances linked to martial law. For tenders below UAH 10 million, AMCU’s regional offices may issue fines of up to ~EUR 1,500, but reputational damage can be much greater.

Since 2024, AMCU decisions imposing fines are enforceable without a court order. New rules also enable recovery from controlling persons if the sanctioned entity is liquidated or insolvent. At the same time, violators may challenge AMCU decisions in court, seek reconsideration, or engage in cooperation mechanisms.

Ukraine’s antitrust system also offers leniency and settlement procedures. A company can reduce or avoid liability by reporting collusion first and assisting the investigation. Since 2024, settlement is also available, allowing violators to close proceedings early and obtain a 15% fine reduction.

Understanding and leveraging these tools – with legal support – is essential for international suppliers navigating enforcement risks in Ukraine’s public procurement system.

Legal and financial consequences of anticompetitive behavior. Overview of AMCU’s powers, fine calculation, enforcement changes post-2024, leniency and settlement procedures.

Remedies and Appeals: Protecting Your Rights

Foreign suppliers have access to multiple mechanisms to challenge unlawful actions by procuring entities. These include administrative appeals to the AMCU, judicial review, and oversight by government bodies such as the State Audit Service (SASU).

The primary and most effective remedy is an appeal to the AMCU’s Complaints Commission, which issues binding decisions. Complaints are submitted electronically via Prozorro. Once filed, the procedure is suspended until resolution. The complaint may relate to tender terms, bid rejection, or winner selection.

AMCU hearings are open, and foreign suppliers may participate via Ukrainian legal representatives. If the complaint is upheld, the Committee may require the procuring entity to correct discriminatory terms, reverse decisions, or cancel the procedure.

Common grounds for appeal include discriminatory tender documentation, unjustified rejection of bids, selection of unqualified winners, or cancellation of the tender to avoid contracting with a foreign supplier. Prozorro statistics confirm that many such complaints are successful, making this a viable tool for protecting supplier rights.

Case Snapshot

The Antitrust and Competition Practice team at Ilyashev & Partners successfully defended a Ukrainian telecommunications provider in a tender dispute with a state-owned entity. The procuring entity rejected the client’s bid, citing unsubstantiated discrepancies.

Ilyashev & Partners filed a complaint with the AMCU, arguing that:

  • the notice of deficiencies lacked specific violations;
  • the identified issues were minor and did not affect the bid’s substance;
  • the bidder had submitted all required technical documentation.

The AMCU upheld the complaint and ordered the procuring entity to reverse its decision, confirming the legality and competitiveness of the client’s offer.

Final Stage: Signing the Contract and Performance Risks

Winning the tender marks the beginning of the final, yet legally sensitive phase — contract conclusion and execution. Despite success in the auction, bidders must remain vigilant and ensure strict compliance with formalities to avoid setbacks.

Under Article 32(2) of the Public Procurement Law, a 10-day standstill period follows publication of the notice of intent to sign the contract in Prozorro. During this time, competitors may file a complaint with the AMCU, automatically suspending the procedure. Contract signing before this period expires is prohibited and results in the contract being voided.

If no complaint is filed, the procuring entity must sign the agreement within 20 calendar days of publishing the intent notice (Article 33(5)). The final contract must match the submitted bid and draft agreement in the tender documents. Essential terms cannot be altered, except as expressly permitted under Article 41.

Key compliance points:

  • Sign the contract no earlier than the 11th day after the intent notice.
  • Include all annexes, specifications, and schedules consistent with the submitted proposal.
  • Publish the contract report in Prozorro after signing.

At the performance stage, the supplier must deliver goods or services according to agreed terms, with full documentation and interaction with the procuring entity. Public contracts are subject to oversight by SASU and potentially law enforcement. Triggers for scrutiny may include pricing discrepancies, non-compliant deliveries, or misuse of funds.

Importantly, once the contract is signed, AMCU appeals are no longer possible. All objections must be resolved before finalizing the agreement.

Key Recommendations for International Bidders

As Ukraine modernizes its procurement framework and channels unprecedented reconstruction funding, foreign companies have a real opportunity to enter a market that values transparency, digital access, and fair competition. Yet success in this space depends not only on price or experience – but on the ability to anticipate legal nuances, manage wartime risks, and align with local procedures.

While Prozorro and IFI-funded tenders offer a level playing field, challenges remain: discriminatory criteria, inconsistent documentation, and limited appeal windows can undermine even the strongest bids. Based on our practical experience supporting international suppliers, the Antitrust and Competition Practice at Ilyashev & Partners recommends a proactive and structured approach.

Key Takeaways for International Suppliers:

  • Conduct due diligence. Investigate the procuring entity’s history and tender behavior. Look for prior complaints, repeat winners, or vague requirements that may indicate manipulation.
  • Review documentation requirements. Pay close attention to formatting, notarization, translation into Ukrainian, and form templates. Even minor inconsistencies can lead to automatic rejection.
  • Avoid high-risk local partners. Do not engage with companies with prior AMCU sanctions, opaque ownership, or insider affiliations. Their conduct may compromise your reputation and eligibility.
  • Engage local legal support. Work with counsel experienced in procurement law, Prozorro navigation, and AMCU appeals – especially important during martial law and post-war regulatory shifts.
  • Prioritize IFI-funded tenders. Focus on EBRD, World Bank, or EU-funded projects for better transparency, clearer procedures, and frequent use of English documentation.
  • Prepare for monitoring and post-award control. Plan for interaction with SASU and other regulators post-award. Maintain compliance records and delivery logs to manage audit risk.

Despite the complexity, Ukraine’s public procurement system is open for international participation – and the government continues to implement reforms to make it more accessible and secure. With careful preparation, strong legal alignment, and strategic decision-making, foreign bidders can turn participation into long-term contracts, especially in sectors central to post-war reconstruction.

Ilyashev & Partners is one of Ukraine’s leading full-service law firms with a strong track record in public procurement, competition law, and regulatory compliance. With deep expertise in representing international clients across a broad spectrum of industries, the firm advises on all aspects of tender participation, including bid structuring, legal risk assessment, appeals before the Antimonopoly Committee of Ukraine, and disputes involving procuring entities. The team has extensive experience supporting cross-border suppliers and contractors in navigating Ukraine’s evolving procurement landscape, including IFI-funded projects and wartime procurement procedures.

To learn more, please visit the Ilyashev & Partners Law Firm website or contact Oleksandr Fefelov directly.

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