Peculiarities of determining the procurement procedure when conducting public procurement under martial law

One of the most crucial stages in public procurement is defining the subject matter of the procurement. The correctness of the procurement process and the choice of the procedure depend on this stage. Taking into account the procurement's value thresholds, which determine the selection of a particular procedure type, is of particular importance for the correct definition of the procedure type. Despite the fact that all procurers, without exception, face the problem of defining the subject matter of the procurement, a number of issues require further in-depth research and a scientific approach to improve the current legislation governing public procurement. The article explores specific aspects of public procurement under martial law, compares them to the rules of public procurement that were in effect before the introduction of «special features», and identifies the problems that arise during such procurement. The issue of determining the procurement procedure, taking into account the requirements for the value thresholds of the procurement subject matter, is examined. The main normative act governing public procurement is the Law of Ukraine «On Public Procurement». Public procurement is based on certain principles such as: fair competition among participants; maximum economy, efficiency, and proportionality; openness and transparency at all stages of the procurement procedure; non-discrimination of participants and equal treatment of them; objective and impartial determination of the winner of the procurement procedure. During the period of martial law, changes were made to the organizational and legal approaches to procurement. One of the important steps in adapting public procurement procedures to wartime conditions was the approval of new procurement rules: Resolution of the Cabinet of Ministers of Ukraine No. 1178. However, there were certain shortcomings, so changes were made several more times and continue to be improved to this day. Therefore, the problem of defining the subject matter of procurement, taking into account the procurement's value thresholds, remains relevant today.