Which the Grand Chamber referred

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In this context, it is impossible not to agree that the legislator must provide effective legislative safeguards against any possible abuse and manipulation, and in particular, such a widely known phenomenon in various markets as "price dumping."

However, the explanatory note to the draft Law No. 114-IX, to , does not contain any justification for making changes to the terms of the price increase by 10% of the value of the goods.

Instead, referring to the need to counteract "price dumping", the authors of the draft law in the special database explanatory note draw their attention to the need to implement a new tool in the electronic procurement system, which is widely used in European procurement practice - "abnormally low price of the tender offer of a participant in the procurement procedure."

That is, as noted above, the legislation on public procurement should provide for appropriate safeguards against such unfair actions by sellers ("price dumping"), and the aforementioned law should implement them.

It should be noted that in the version of Law No. 114-IX until April 19, 2020, there was no such instrument as "abnormally low price of a tender offer of a participant in the procurement procedure."

In accordance with Part Fourteen of Article 29 of the Law on Procurement as amended, a participant who has submitted the most economically advantageous tender offer that is abnormally low must provide, within one working day from the date of determination of the most economically advantageous tender offer, justification in any form regarding the prices or cost of the relevant goods, works or services of the tender offer. The customer may reject an abnormally low tender offer if the participant has not provided proper justification for the price or cost indicated therein, and rejects an abnormally low tender offer if such justification is not received within the period specified in paragraph one of this part.