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Article 1. Scope of application of this Law of the Law on Public Procurement

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. Scope of application of this Law of the Law on Public Procurement

     This Law applies to relations related to the purchase of goods, works, and services necessary to ensure the functioning, as well as the performance of government functions or statutory activities of the customer, with the exception of:

     1) services purchased from individuals under employment contracts;

     2) services purchased from individuals who are not business entities under contracts for the provision of paid services;

     3) services related to travel expenses;

     4) state assignment;

     5) making contributions (contributions), including to the authorized capital of legal entities, as well as implementing budget investments aimed at financing investment costs of autonomous educational organizations;

      6) goods, works, and services purchased by national management holdings, national holdings, national management companies, national companies and affiliated legal entities, legal entities, fifty percent or more of the voting shares (stakes in the authorized capital) of which belong to the state, transferred to the trust management of individuals or non-governmental legal entities with the right of subsequent redemption, social and entrepreneurial corporations, the National Bank of the Republic of Kazakhstan, its departments, organizations that are part of the structure of the National Bank of the Republic of Kazakhstan, and legal entities, fifty or more percent of the voting shares (stakes in the authorized capital) of which belong to the National Bank of the Republic of Kazakhstan or are in its trust management, as well as the authorized body for regulation, control and supervision of the financial market and financial organizations;

     7) military goods (products), dual-use goods (products), military works and military services included in the state defense order, with the exception of cases provided for by the Law of the Republic of Kazakhstan "On the Defense Industry and the State Defense Order";

     8) goods, works, and services purchased by an organization specializing in improving the quality of second-tier banks' loan portfolios to carry out the types of activities provided for in paragraph 2 of Article 5-1 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan";

     9) goods, works, and services purchased as part of investment projects funded by international organizations of which the Republic of Kazakhstan is a member. The purchase of goods, works, and services within the framework of investment projects fully or partially financed by other foreign banks is carried out according to the rules of these banks, subject to the following conditions::

     A foreign bank has a long-term foreign currency credit rating of at least "A-" from Standard & Poor's or a rating of a similar level from one of the other rating agencies.;

     more than fifty percent of the financing is provided by foreign banks;

     The implementation of the investment project is carried out by state-owned enterprises, legal entities, fifty percent or more of the voting shares (participation shares in the authorized capital) of which belong to the state, and legal entities affiliated with them.;

     The implementation of the investment project does not require a state guarantee and does not entail encumbrances on the borrower's property.;

     10) goods, works, and services purchased by research institutes and organizations of higher and (or) postgraduate education necessary for the performance of scientific research and scientific work carried out at the expense of budgetary funds in accordance with the procedure determined by the authorized body in the field of science in coordination with the authorized body in the field of public procurement.

The Law of the Republic of Kazakhstan dated July 1, 2024 No. 106-VIII The Law of the Republic of Kazakhstan. 

President    

Republic of Kazakhstan     

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