Article 23. Control over compliance with the legislation of the Republic of Kazakhstan on public procurement Law on Public Procurement

Home / Laws / Article 23. Control over compliance with the legislation of the Republic of Kazakhstan on public procurement Law on Public Procurement

1. Control over compliance with the legislation of the Republic of Kazakhstan on public procurement is carried out by the authorized body in accordance with this Law and the Law of the Republic of Kazakhstan "On State Audit and Financial Control".

2. The objects of control are:

1) the customer, the organizer, the single organizer, the expert commission, the expert;

2) a potential supplier, supplier, as well as persons engaged by them as subcontractors for the performance of works or co-executors for the provision of services, within the scope of the subject of public procurement;

3) a single operator.

3. Control is carried out by the authorized body upon the occurrence of one of the following cases::

1) a written request or an application received through publicly available digital systems and complying with the requirements of the digital legislation of the Republic of Kazakhstan, a potential supplier, a participant in a tender or auction, a supplier or their authorized representative complaining about actions (inaction), decisions of the customer, the organizer, the single organizer, the expert commission, the expert, the single operator;

2) upon receipt of resolutions of law enforcement agencies, national security agencies;

3) based on the results of the analysis of information obtained through the risk assessment and management system.

4. The authorized body, when detecting violations of the legislation of the Republic of Kazakhstan on public procurement by the object of control as a result of control measures, including desk control, takes the following measures::

1) sends an instruction to the control object, a notification on the elimination of violations identified by the results of desk control;

2) applies to the court with a claim for invalidation of contracts that have entered into force and concluded in violation of the legislation of the Republic of Kazakhstan on public procurement, with the exception of contracts for which obligations have been properly fulfilled.

5. If, as a result of control measures, the fact that the object of control has committed an action (inaction) containing signs of a criminal offense is revealed, the authorized body and the state audit and financial control bodies are obliged, within five working days from the date of detection of such a fact, to transmit information about the commission of the specified action (inaction) and documents confirming such a fact to law enforcement agencies, national security agencies.

6. Actions (inaction), as well as decisions of the authorized body and bodies of state audit and financial control may be appealed in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

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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