The State Road Agency of Ukraine has adopted the Regulation on Concession Tender Commissions (Regulation). Adoption of the Regulation provides transparency to all stages of commission’s creation, functioning and dismissal and, as a result, concessionaries should have more certainty as to how commission’s participants are chosen and how they take decisions. It should be noted, however, that commission meetings are still closed which may give rise to suspicions of less than transparent practices.

According to the Regulation:

(a) commissions will be created for each concession project. At the end of a concession tender the commission will be dismissed;

(b) commissions will consist of not less than five participants being representatives of (i) the concessor (i.e., the State Road Agency), (ii) local public authorities, (iii) the state governing body in charge of the management of state property (the object of concession), (iv) the Ministry of Economic Development and Trade of Ukraine, and (v) the State Agency for Land Resources of Ukraine;

(c) the commission’s main responsibilities will be: (i) to organise and manage the tender process, (ii) to provide tender participants with the information required to prepare tender offers, and (iii) to consider offers and decide on the concession tender winner; and

(d) commissions will have the right to request any relevant information and documents from public authorities, entities, institutions and organisations, with respect to concession tenders, as well as any expert analyses, explanations or advice from independent specialists.

Legislation:

Resolution of the State Road Agency of Ukraine No. 215 dated 8 July 2013 “On approval of the Regulation on Concession Tender Commissions”