Addendum to the review of the civil case

 

Attention! The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation.       For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.

Addendum to the review.

According to the Order of the Minister of Finance of the Republic of Kazakhstan dated December 28, 2015 No. 694. Registered with the Ministry of Justice of the Republic of Kazakhstan on December 29, 2015 No. 12618 "On approval of the Rules for the formation and maintenance of registers in the field of public procurement" (hereinafter the Rules) Item 15. The register of unscrupulous participants in public procurement is a list of: 1) potential suppliers or suppliers who have provided false information on qualification requirements and (or) documents affecting the competitive price offer; 2) potential suppliers identified by the winners who evaded the conclusion of a public procurement contract; 3) suppliers who did not fulfill or improperly fulfilled their obligations under public procurement contracts concluded with them. Punt 16. The register of unscrupulous participants in public procurement provided for in paragraphs 1) and 3) of paragraph 15 of these Rules is formed on the basis of court decisions that have entered into force.

 

     Subject to the condition specified in subparagraph 1) of paragraph 15 of these Rules, the organizer of public procurement, the unified organizer of public procurement, the customer or the authorized body shall send, no later than 30 (thirty) calendar days from the date when they became aware of the fact of violation by a potential supplier or supplier of the legislation of the Republic of Kazakhstan on public procurement, to file a claim with the court recognizes such a potential supplier or supplier as an unscrupulous participant in public procurement. Subject to the condition specified in subparagraph 3) of paragraph 15 of these Rules, the customer, no later than 30 (thirty) calendar days from the date on which he became aware of the supplier's violation of the legislation of the Republic of Kazakhstan on public procurement, shall file a lawsuit with the court for recognition of such supplier as an unscrupulous participant in public procurement, except in cases that The aggregates satisfy the following conditions: 1) payment of a penalty (fine, fine) by the supplier; 2) full fulfillment of contractual obligations; 3) absence of damage caused to the customer. The penalty clause is specified in clause 7.3 of the Contract, non-fulfillment of obligations has not been proven, and no damage has been caused to the Customer. Thus, the plaintiff filed an unjustified claim in violation of these Rules. 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

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