The document summarizes the public procurement review system in Armenia. It outlines that procurement complaints are first submitted to a review entity within the Ministry of Finance. This review entity is intended to be independent and impartial. If unsatisfied with the review entity's decision, complainants can appeal to the civil courts. In 2017-2018, the review entity considered 241 complaints and satisfied 117 while rejecting 66. There is discussion of establishing a specialized judicial procedure for procurement cases to expedite proceedings.

1. Public Procurement
Review System in the Republic
of Armenia

2. “The people shall exercise their power through free elections,
referenda, also through state bodies, local self-government as
well as public officials as stipulated by the Constitution.”
Article 2 of the RA Constitution
Armenian state
agencies
Independent state agencies
articles 173, 194, 196, 198
Autonomous state agencies
article122
Public administration agencies
article159

3. RA Law "On
Public
Administration
Bodies"
• Public administration bodies are ministries, also bodies subordinate to the
Government, the Prime Minister and ministries.
• The procurement-related review entity is a public administration body
subordinate to the Ministry.
Decree of the RA
Government N
580-A dated
05/22/2018
• The procurement-related review entity is a public administration body
subordinate to the Ministry of Finance
RA Government
decree N 567-N
dated 05/17/2018
• Stipulated the number of persons reviewing procurement complaints as
two persons.
Decree of the RA
MoF N 600-N
dated
12/06/2018
• Approved the procedure for the activities of procurement-related review
entities.

4. Submission of Procurement Complaints
to the Review Entity
•actions (inaction) and decisions of the
contracting authority and the
evaluation committee
•Article 46, para. 3, RA Law On Procurement
Subject of
Review
•prior to contract award
•Article 46, para. 3, RA Law On Procurement
Term of Review
•according to the civil (and not
administrative) law of the Republic of
Armenia
•Article 46, para. 2, RA Law On Procurement
Legal regulation

5. Guarantees of the Review Entity's independence
A procurement-related review entity shall be an unbiased and independent review
body, uninterested in the results of a specific procurement process and protected
from external influences in the performance of its duties and rights.
Article 47, para. 2, RA Law On Procurement
The procurement-related review entity shall review complaints with due care and
impartiality.
Article 47, para. 2, RA Law On Procurement
In the exercise of its authority, the procurement-related review entity,
independently of the procurement process participants, including contracting
authorities, also public agencies, local self-government as well as officials, shall be
guided by, and apply, exclusively the RA procurement legislation.
Article 47, para. 2, RA Law On Procurement
Decisions of procurement-related review entities shall be legally binding and may
be amended or canceled, also in part, exclusively by court.
Article 50, para. 6, RA Law On Procurement

6. Review in Court
Everyone has the right to effective judicial protection of
their rights and freedoms.
Article 61 of the RA Constitution
Protection of civil rights in accordance with the
jurisdiction of cases as established by the Civil Procedure
Code of the Republic of Armenia is provided by court.
Article 13 of the RA Civil Procedure Code
Everyone in accordance with this Law has the right to
appeal in court against actions (inaction) and decisions
of the Purchase Review Council, the contracting
authority and the evaluation committee.
Article 46, para. 3, RA Law On Procurement

7. 117
66
35
16 19
241
113
84
44
19
ВСЕГО ЖАЛОБ УДОВЛЕТВОРЕННЫЕ ОТКЛОНЕННЫЕ ОСТАВЛЕННЫЕ БЕЗ
РАССМОТРЕНИЯ
ОБЖАЛОВАННЫЕ В
СОДЕБНОМ ПОРЯДКЕ
Cases Reviewed out of Court in 2017-2018
2017 2018
Total
complaints
Satisfied Rejected Disregarded Taken to Court

8. The need of introducing relevant amendments to the Civil
Procedure Code of the Republic of Armenia is currently
discussed, which would permit a special judicial procedure for
considering procurement-related cases.
Benefits of
the
regulation
The special procedure for case consideration would
significantly shorten proceedings related to
procurement cases.
Unlike decisions of officials considering procurement-
related complaints, court decisions are subject to
enforcement under the RA Law “On Enforcement of
Judicial Acts”.
The judicial review procedure ensures compliance
with the principle of legal certainty.