Updated Specifics of Public Procurement

On 30 January 2026, the Cabinet of Ministers of Ukraine adopted Resolution No. 112, which amended the Specifics of Public Procurement of Goods, Works and Services for Customers, as Provided for by the Law of Ukraine “On Public Procurement,” for the Period of the Legal Regime of Martial Law in Ukraine and for 90 Days from the Date of Its Termination or Cancellation, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1178 dated 12.10.2022.

The main changes are related to ensuring energy security and strengthening requirements for disclosure of information about ultimate beneficial owners.

In particular, it provides for the following changes:

  • until 31 December 2026, it is permitted to conclude direct contracts without open tenders for the procurement of equipment necessary to overcome the consequences of an emergency in power systems (steam turbines, gas piston, cogeneration, gas and gas turbine units, electric generators, modular boiler rooms, heat pumps, steam and mobile boilers, diesel generators and their components);
  • until 01 May 2026, the requirements for localisation of production shall not apply to the procurement of the specified energy equipment;
  • until 01 March 2026, it is permitted to purchase portable charging stations (with a capacity of approximately 2 kW*h) under direct contracts to meet the needs of children with disabilities in subgroup A using funds from the state decarbonisation fund.

In addition, from now on, reports on contracts concluded without using the electronic system must contain data on the ultimate beneficial owner of the supplier: full name, nationality, as well as the full name, location, and identification code (for residents) of the founder of the legal entity, level, degree, and share of beneficial ownership.

The grounds for refusal to participate in the procurement procedure have also been updated: the customer must reject a bid if a non-resident participant fails to provide information about its ultimate beneficial owners in the manner specified in the tender documentation.

Procurements initiated before 31 January 2026 shall be completed in accordance with the procedure that was in force prior to the entry into force of this Resolution.

We will continue to closely monitor further developments in this area and report on them in the future Legal News.