A procurement contract is concluded in accordance with the norms

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The above provisions correspond to part four of Article 3 of the Law on Procurement, according to which relations related to the sphere of public procurement are regulated exclusively by this Law and cannot be regulated by other laws, except in cases established by this Law.

As stated in Part One of Article 41 of the Law on Procurement, of the Civil and Commercial Codes of Ukraine, taking into account the features defined by this Law.

Thus, in controversial issues that arise during the conclusion/amendment of the terms special database of a public procurement contract, one should be guided primarily by the provisions of a special law, which is the Law on Procurement.

Thus, the above-mentioned law establishes certain features of amending the procurement contract, namely, in accordance with paragraph 2 of part five of Article 41 of the Procurement Law, the essential terms of the procurement contract cannot be changed after its signing until the parties have fulfilled their obligations in full, except for the case of an increase in the price per unit of goods up to 10 percent in proportion to the increase in the price of such goods on the market in the event of fluctuations in the price of such goods on the market, provided that such a change does not lead to an increase in the amount specified in the procurement contract - no more than once every 90 days from the moment of signing the procurement contract/amending such a contract to increase the price per unit of goods. The restriction on the terms of changing the price per unit of goods does not apply in cases of changing the terms of the contract for the purchase of gasoline and diesel fuel, natural gas and electricity.

Apparently, the cited provision of the special law does not contain any requirements that, in addition to proving the fact of price fluctuations on the market, the supplier must prove that such fluctuations, within the meaning of the provisions of the Civil Code, constitute a significant change in circumstances for him and that the performance of the contract on the previous terms makes it clearly unprofitable and unprofitable.