Issue: № 4, 2025
Doi: https://doi.org/10.37634/efp.2025.4.9
The paper examines the features of the functioning of the public procurement system in the medical sector of Ukraine under martial law. The modern regulatory framework is analyzed, in particular, the amendments made to the Law of Ukraine “On Public Procurement” and the acts of the Cabinet of Ministers of Ukraine, which are aimed at ensuring the efficiency, flexibility and adaptability of procurement during the period of the legal regime of martial law. Special attention is paid to the activities of the electronic procurement system ProZorro and its specialized subsystem ProZorro Market, which plays a key role in ensuring the transparency and efficiency of medical procurement. The paper examines the advantages and disadvantages of simplified procurement procedures used under martial law, in particular their impact on the level of competition among suppliers, corruption risks, and the overall efficiency of the use of budget funds. A review of modern scientific literature on the topic of digitalization and digitization of public procurement, including integration with the Diya platform, is provided. Based on the analysis, the main problems of law enforcement are formulated, including the lack of a unified approach to procurement in crisis conditions, the lack of qualified personnel at customers, as well as technical limitations of the electronic system itself. The work also draws attention to the current problems of the functioning of the electronic procurement system ProZorro under martial law, in particular, the need to ensure transparency of procedures, maintain competition among suppliers and adapt the regulatory framework to new realities. It is noted that despite the difficult circumstances, digitalization remains a key tool for ensuring efficiency and integrity in the field of public procurement. Directions for improving procurement mechanisms in the medical sector are proposed, in particular by expanding the functionality of electronic platforms, providing training for customers' specialists, and increasing control by the public and the state.
Keywords : ProZorro, regulatory regulation, public procurement, martial law, medical industry
References:
1. On Public Procurement: Law of Ukraine dated 25.12.2015 №. 922-VIII. URL: https://zakon.rada.gov.ua/laws/card/922-19 (in Ukrainian).
2. Some issues of procurement of medicines, medical devices and auxiliary means for them: Resolution of the Cabinet of Ministers of Ukraine dated March 7, 2022 №. 216. URL: https://zakon.rada.gov.ua/laws/show/216-2022-п#Text (in Ukrainian).
3. Some issues of public procurement of goods, works and services to meet the urgent needs of the functioning of the state under martial law: Resolution of the Cabinet of Ministers of Ukraine dated March 2, 2022 №. 185. URL: https://zakon.rada.gov.ua/laws/show/185-2022-п#Text (in Ukrainian).
4. Kylnitska Y.V., Hlukhova S.V., Koloduazhna T.V. Research on trends in the public procurement market during martial law. Problems of modern transformations. Series: economics and management. 2023. №. 8. URL: https://doi.org/10.54929/2786-5738-2023-8-10-01 (in Ukrainian).
5. Matsak M.V. Improving procurement processes in private and public medicine: master's thesis: specialty 073 "Management": / scientific supervisor R.Y. Polovinkin. Zaporizhzhia, 2023. 83 p. (in Ukrainian).
6. Muliar H.V., Bondar V.O. Evolution of legislative regulation of state procurement of medicines in Ukraine: from the first regulatory acts to the present day. Bulletin of the Criminological Association of Ukraine. 2024. №.. 2 (32). pp. 594-600. (in Ukrainian).
7. Nyniuk I.I. Public Procurement and Public Finance in Ukraine. Current Issues in Economic Sciences. URL: https://a-economics.com.ua/index.php/home/article/download/342/350 (in Ukrainian).
8. Petyk L.O., Batsman I.V. Public procurement under martial law. Problems of modern transformations. Series: economics and management. 2023. № 9. URL: https://doi.org/10.54929/2786-5738-2023-9-08-03 (in Ukrainian).
9. Evolution of Ukrainian legislation on public and defense procurement from the origins to the present: narrative analysis from 10/20/2023. URL: https://coordynata.com.ua/evolucia-zakonodavstva-ukraini-pro-publicni-ta-oboronni-zakupivli-vid-vitokiv-do-sogodenna-narrativnij-analiz (in Ukrainian).
10. Medical procurement of the Ministry of Defense during the pandemic: corruption risks and recommendations from July 1, 2021. URL: https://nako.org.ua/research/medychni-zakupivli-minoborony-u-period-pandemii-koruptsiyni-ryzyky-ta-rekomendatsii-doslidzhennia (in Ukrainian).
11. Ferents A. Every third procurement in the medical sector has violations: infographic from 04.07.2019. URL: https://dozorro.org/blog/kozhna-tretya-zakupivlya-medichnoyi-sferi-maye-porushennya-infografika (in Ukrainian).
12. Khutorenko K. What's wrong with Prozorro Market and why experts believe it will destroy the medical market. Part 1 of April 30, 2024. URL: https://mind.ua/publications/20272967-shcho-ne-tak-iz-prozorro-market-i-chomu-eksperti-vvazhayut-shcho-vin-rozvalit-medichnij-rinok-ch-1 (in Ukrainian).
13. On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine dated March 25, 2009 No. 333 and dated October 12, 2022 No. 1178. Resolution of the Cabinet of Ministers of Ukraine dated March 11, 2025 №. 278. URL: https://zakon.rada.gov.ua/laws/show/278-2025-п#Text (in Ukrainian).