Objection to the defendant's private complaint against the court ruling
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To the Appeal Board for Civil Cases of the Almaty Regional Court
Almaty region, Taldykorgan, Tauelsizdik str., 53. 8 7282 558 770
from: Limited Liability Company ___________
in the person of the Director ___________ address: ___________ BIN ___________ tel.: ___________ email address: ___________
Proxy representative: Law and Law Law Company LLP
represented by CEO Kayshybekov Madiyar Yerbolatuly BIN 190240029071
79/71 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
OBJECTION
on the Defendant's private complaint/ LLP ___________ for the definition of the Council of Economic Cooperation of the Almaty region dated 03.09.20__ year
According to the statement of Orion LTD LLP by the Definition of the Specialized Interdistrict Economic Court of the Almaty region dated 03.09.20__ № ___________, a decision was made to secure the claim, to suspend the operation of the contract on public procurement of works № ___________ The prisoner between the 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). Disagreeing with the judicial act by the Defendant/LLP ______________ A private complaint was filed against the court ruling on 03.09.20__. We consider the Defendant's Private complaint to be unfounded and unlawful on the grounds listed below.
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 contract on public procurement of works №______________ It 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 the LLP ______________ Whereas, in reality, the Plaintiff is an LLP ______________ must be determined by the winner, and LLP ______________ The second winner had to be determined. The organizer intentionally lowered the points of the LLP ______________ advantages have been lobbied and illegally given and points have been raised. ______________ moreover, the LLP ______________ was not rejected as having provided false information. Actions/omissions of the Organizer/State Institution "Department of Public Procurement of Almaty region" and DVGA in Almaty region aimed at gross violation of the rights and legitimate interests of the Plaintiff - LLP _____________, led to the conclusion of a contract with an improper 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 the defendant's private complaint against the court ruling
Instead of rejecting the tender application on the grounds of non-compliance with qualification requirements, the Respondent/State Institution "Public Procurement Department of Almaty region" admitted the Respondent/LLP to the competition ______________ illegally and unreasonably determined an improper 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. Due to the numerous facts of violations of the legislation on the procedure of public procurement, as well as violations of the rights and legitimate interests of the Plaintiff through the web portal of public procurement, we 22.07.20__ for №_________ A complaint was filed with the Respondent/Department of Internal State Audit for the Almaty region.
Chief Specialist of the RSU Department of Internal State Audit in the Almaty region _____________., A desk examination was conducted, as a result of which the arguments and requests provided by us were confirmed and partially satisfied. According to the results of the desk control, the protocol of the results was reviewed, the applications of the LLP _____________ - The applications of the LLP were rejected. ______________ and TOO ______________- admitted. According to the latest (revised) protocol of the results by the competition commission of the Organizer, conditional discount of LLP ______________ It was overestimated by 3.2%, and the conditional discount was ______________ it was underestimated by 0.2%: 1) LLP ______________- 9,2 % instead of 9.4%; 2) LLP ______________- 9,2 % instead of 6%; The results of unjustified and illegal appropriation of conditional discounts, led to the recognition by the Organizer of the improper winner of the LLP "_____________. Whereas, in reality, the Plaintiff is an LLP ______________ The winner had to be determined. The tender application of the LLP ______________ It should have been rejected on the grounds of providing false information.
In accordance with paragraph 1 of Article 10 of the Law of the Republic of Kazakhstan "On Public Procurement", a potential supplier is recognized as not meeting the qualification requirements for one of the following reasons: 1) failure to submit a document(s) to confirm compliance with the qualification requirements of a potential supplier and (or) a subcontractor (co-executor) of works or services engaged by him; 2) establishing the fact of non-compliance with qualification requirements based on the information contained in the documents provided by the potential supplier to confirm its compliance; 3) establishing the fact of providing false information on qualification requirements. According to the second paragraph of paragraph 13 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 14, 2012 No. 5 "On the application of legislation on public procurement by courts", the submission by the bidder of documents containing incomplete and (or) unreliable information is the basis for rejecting the application, regardless of whether the tender commission has the opportunity to request information about the participant. The decision (desk control) is unlawful, our complaint was partially satisfied, there is a fact of concealment of violations of the law, lobbying the interests of a separate potential supplier of LLP _____________.
We do not agree with the results of the desk control conducted by the Department, we consider it unjustified and contrary to the legislation on public procurement, moreover, there are facts of corruption offenses in the form of fencing of individual participants in public procurement. Results of the electronic competition №_____________ It is subject to be brought in accordance with the legislation, and the desk control of the Department conducted on them is subject to change and a new decision is made to satisfy the claim of the LLP. ______________ in full. 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 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, and 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 public law relations, promote peaceful settlement of disputes, prevent offenses and form a respectful attitude towards the law and the court in society. The defendant describes in his Private Complaint that, despite the existence of a court Ruling on the suspension of the contract, he intentionally continues to fulfill contractual obligations, grossly ignoring a judicial act that is subject to immediate execution.
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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