Особливості (CMU Resolution 1178) — Ukraine's martial-law procurement overlay

What the instrument is

The full title is long and worth knowing, because it defines the sunset: Особливості здійснення публічних закупівель товарів, робіт і послуг для замовників, передбачених Законом України «Про публічні закупівлі», на період дії правового режиму воєнного стану в Україні та протягом 90 днів з дня його припинення або скасування — approved by Cabinet of Ministers Resolution No. 1178 of 12 October 2022. Point 1 states that the Особливості establish the procedure and conditions for public procurement while ensuring buyers are protected against military threats, for the duration of martial law and for 90 days after it ends or is cancelled.

They are not a replacement for the Law. Point 2 imports the Law's definitions, together with those in Resolution 166 (the electronic system and marketplace authorisation rules) and Resolution 822 (the electronic catalogue). Point 3 says buyers procure with regard to these Особливості and in compliance with the Law's principles. In practice the Особливості override the Law's procedural provisions wherever they speak — thresholds, timetables, exclusion grounds, rejection grounds, contract amendment rules — and the Law governs everything they leave alone.

They change often

This is the practical trap. Resolution 1178 has been amended dozens of times since 2022; the consolidated version in force as this page was written dates from 2 July 2026, on the basis of Resolution No. 833-2026-п. Guidance written even a few months ago routinely describes points that have since been renumbered or rewritten. Always read the consolidated text on zakon.rada.gov.ua and check the redaction date shown on the document card before relying on a point number.

Resolution 957 of 15 July 2026

Cabinet of Ministers Resolution No. 957 of 15 July 2026 amends both Resolution 1178 and Resolution No. 1275 of 11 November 2022 (defence procurement). Its closing clause is explicit: the resolution enters into force on 1 September 2026, except for subpoint 1 of point 1 of the amendments, which takes effect on the day of publication.

What changes on 1 September 2026:

• Thresholds. Point 10 is restated. Open tendering, the electronic catalogue or the negotiated procedure become mandatory at 200,000 UAH for goods and services and 1.5 million UAH for works for buyers under Article 2(1)(1)–(3) of the Law, and at 1 million UAH and 5 million UAH respectively for utility-sector buyers under Article 2(1)(4). Point 11, the below-threshold rule, moves in step, and the separate figure for current repair services disappears.
• The negotiated procedure returns. Point 13 is rewritten as a proper переговорна процедура закупівлі — the buyer concludes a contract after negotiating price and other terms with one or more participants — available as an exception on listed grounds: no bids received in an open tender, a single possible supplier for technical or intellectual-property reasons, urgent need, additional supplies from the same supplier within three years up to 50 per cent of the contract price, and others. The wording that previously framed these as contracts concluded without open tendering is replaced.
• Timetables. Point 24 replaces the split of seven days for goods and services and 14 days for works with a single "not later than 15 days". Point 34 becomes: the bid submission period may not be less than 15 days from publication of the notice.
• Rejection and refusal. Point 47 is extended so that the buyer must refuse participation in the negotiated procedure, not only reject a tender bid, on the listed grounds.

The part that took effect immediately, on publication, is subpoint 1 of point 1 — the rewriting of the eighth paragraph of point 3. That paragraph is the carve-out from the localisation requirement for energy equipment: steam turbines, gas-piston and cogeneration units, generator sets, gas turbines, modular boiler houses, heat pumps, steam and mobile boilers, diesel generators and their components. The new wording extends it to 31 December 2026 for equipment needed to overcome or prevent a state or regional emergency in the electricity system, and to 25 March 2028 for equipment used in the experimental project on independent backup power supply in Kyiv apartment blocks under Resolution No. 353 of 20 March 2026. It also extends the carve-out to works and services for building, restoring, reconstructing, siting, overhauling or protecting such equipment where the buyer takes ownership of the goods.

What this means for a bidder

Work from the Особливості, not the Law, when you are checking a live tender — deadlines, exclusion grounds and the correction window all come from here. Use the Law for the underlying architecture and for anything the Особливості are silent on.

If you sell energy generation equipment, the localisation carve-out is already live and matters immediately: it removes a hard eligibility gate for a defined equipment list until the end of 2026. If you sell anything else covered by localisation, nothing has changed for you.

And if you are pricing work for the autumn, model both regimes. A tender announced in August runs on seven- or 14-day clocks and the old thresholds; the same tender announced in September runs on 15 days, with the negotiated procedure available to the buyer as a fallback if nobody bids.

Related terms

• Відкриті торги з особливостями (open tendering with peculiarities, Ukraine)
• Law 922-VIII — Ukraine's Public Procurement Act
• Локалізація (local content requirement, Ukraine)
• Спрощена закупівля (simplified procurement, Ukraine)

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