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CABINET OF MINISTER OF UKRAINE  
RESOLUTION  
 28 February  2022 р. № 169  
Kyiv  
Some aspects  of defence  and public procurement of goods, 
works and service in conditions of martial law  
{As amended by Resolution s  
№ 176 of  02.03.2022  
№ 195 of 04.03.2022  
№ 201 of  05.03.2022  
№ 290 of 16.03.2022 } 
 
According to article 64 of the Constitution of Ukraine , article 12 -1 of Law of Ukraine   «On 
Legal Regime of Martial Law” ,  point 3 of paragraph 1 of article 4   of Law of Ukraine   «On Defence  
Procurement , Ordinance of the President of Ukraine dated from 24 February 2022  № 64  “On the 
imposition of martial law in Ukraine ”  
Cabinet of Ministers of Ukraine  e n a c t  s : 
1. To establish that in martial law conditions :  
1) defen ce and public procurement of goods, works and services are carried out without the 
application  of procurement procedures and simplified procurement as defined by the Laws of 
Ukraine "On Public Procurement" and "On Defen ce Procurement";  
2) lists and volumes  of purchases of goods, works and services are determined by decisions of 
contracting authorities  which  make such purchases;   
3) during the procurements  envisaged by this Resolution : 
contracting authorities must adhere to the principles of public procurement pursuant to the Law 
of Ukraine “On Public Procurement”;  
contracting authorities in the field of defence , in accordance with the Law of Ukraine “On 
Defence  Procurement”, must adhere to the following principles of defence  procurement:  
timeliness and compliance with the decisions taken to protect the national interests of Ukraine, 
ensure the needs of security and defence ; 
efficiency and productivity of use of financial resources.  
Such purchases are not included in the annual procurement plan. Based  on the results of such 
purchases, a contracting authority shall publish  in the electronic procurement system a report on the 
procurement contract concluded without the use of the electronic procurement system  publishes in 
the electronic procurement system ,  the procurement contract and all annexes thereto no later than 20 
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days after the termination or cancellation of martial law in Ukraine  or in some territories of it. The 
publication requirement does not apply to contracts that contain restricted  access  information . 
5) advance payment for defence  goods, works and services shall be made for the period and in 
the amounts determined by contracting authorities in the field of defence  in the state contracts on the 
purchase of goods, works and services;  
5-1) mil itary administrations may make advance payments for the period  and in the amounts 
specified in the contracts for the purchase of goods and services when purchasing personal protective 
equipment;  
6) point 4 and second indent of point 6 of  the Resolution  of Cabinet of Ministers of Ukraine 
#1070  of 4 December 2019 “Some aspects of making prepayments by managers (recipients) of 
budget funds for goods, works and services purchased for budget funds ” are not applicable for  
contracting authorities in the fiel d of defence and for military administrations  when making 
prepayments according to sub -point 5 -1 above . 
 
Prime -Minister of Ukraine        D. Shmygal  
 