Objection to a private complaint from a Lawyer in Almaty
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To the Appellate Judicial Board for Civil Cases of the Almaty Regional Court
From the plaintiff: LLP "...." BIN 04.... tel.: +7 701 .... email: ……………
Defendant: State Institution "Construction Department of Almaty region"
OBJECTION
on a private complaint of the Defendant/State Institution "Administration of Construction of the Almaty region" on the definition of the Almaty Region Council of Civil Engineering dated 08/27/2019.
According to the application of the LLP "__________________" By the ruling of the Specialized Interdistrict Economic Court of the Almaty Region dated 08/27/2019, No. 1912-19-002/3646, a ruling was adopted on securing the claim, suspending the operation of the public procurement contract No. 140/08/19 (No. 060140013977/190160/00) concluded between LLP "__________________" and the State Institution "Construction Department of the Almaty Region" with the suspension of all expenditure operations on it, pending consideration of the case on the merits and the entry into force of the judicial act on this case (hereinafter referred to as the court ruling). As determined by the court on 03.09.2019 A private complaint was filed by the defendant/State Institution "Construction Department of Almaty region".
The Defendant's private complaint is unfounded and illegal on the grounds listed below. Objection to a private complaint from a Lawyer in Almaty 1. The adopted court ruling is lawful and justified, in accordance with the norms of substantive and procedural law. The need to take interim measures is related to the fact that the public procurement contract No. 140/08/19 (No. 060140013977/190160/00) was concluded with an improper winner of the competition in gross violation of the legislation on public procurement. The results of unjustified and unlawful assignment of conditional discounts led to the recognition by the Defendant, the Organizer of the competition, of the improper winner of Kurylyshy-TBS LLP and the improper second winner of LLP "__________________". Whereas, in reality, the Plaintiff is an LLP "__________________" should have been determined by the winner, and Kapstroygroup-T LLP should have been determined by the second winner. The organizer intentionally lowered the points of the LLP "__________________" by 0.2%, benefits were lobbied and illegally given and points were raised. "__________________" on 3 %, LLP "__________________" by 3.2%, moreover, LLP "__________________" and "TOO "__________________" they were not rejected as providing false information. Actions/omissions of the Organizer/State Institution "Public Procurement Department of the Almaty region" and the DVGA of the Almaty region aimed at gross violation of the rights and legitimate interests of the Plaintiff - LLP "__________________", led to the conclusion of an agreement with an improper winner of the LLP " __________________" and determining an inappropriate second winner. "__________________". In accordance with paragraph 3 of Article 8 of the Civil Code of the Republic of Kazakhstan, the exercise of civil rights should not violate the rights and legally protected interests of other subjects of law.
According to paragraph 4 of this article, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation. According to paragraph 5, actions of citizens and legal entities aimed at harming another person, abuse of the right in other forms, as well as the exercise of the right in contradiction with its purpose are not allowed. Objection to a private complaint from a Lawyer in Almaty, Instead of rejecting the tender application on the grounds of non-compliance with qualification requirements, the Defendant/ State Institution "Public Procurement Department of Almaty region" admitted the Defendant/LLP to the competition "__________________" and the Defendant/ __ LLP________________" and illegally and unreasonably determined an improper winner and an improper second winner. And the Defendant/ State Institution "Construction Department of Almaty region" illegally and unreasonably concluded an LLP with an improper winner "__________________ " the above-mentioned agreement. 22.07.2019 The plaintiff filed a complaint with the Defendant/ DVGA in the Almaty region. The DVGA of the Almaty region, by its decision of 08/02/2019, unlawfully refused to satisfy our complaint.
And on the same day, that is, 08/02/2019. The defendant / "Construction Department of Almaty region" enters into an agreement with the improper winner of the Defendant / LLP "Kurylyshy TBS". In accordance with Clause 2 of Article 157 of the Civil Code of the Republic of Kazakhstan, a transaction is declared invalid if the requirements for the form, content and participants of the transaction, as well as for their freedom of expression, are violated on the grounds established by this Code or other legislative acts. In the framework of the civil case under consideration, we are challenging in court the very fact of the illegal conclusion of the contract, and that this transaction was concluded with an improper winner, is subject to invalidation and cancellation, we are also appealing against the illegal decision of both the DVGA in the Almaty region and the Organizer, on the basis of which the disputed contract itself and the action/omission of the Defendant himself were concluded./ State Institution "Construction Department of Almaty region" on the fact of illegal conclusion of the contract. In accordance with Article 4 of the Civil Procedure Code of the Republic of Kazakhstan, the objectives of civil proceedings are to protect and restore violated or disputed rights, freedoms and legitimate interests of citizens, the state and legal entities, respect for the rule of law in civil turnover and publications.
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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