PROCEDURAL DEADLINES IN PUBLIC PROCUREMENT COURTS
In accordance with parts 1 and 2 of Article 9 of the CPC, everyone has the right, in accordance with the procedure established by this Code, to apply to an administrative body, an official or a court for protection of violated or disputed rights, freedoms or legitimate interests. The waiver of the right to appeal to an administrative body, an official, or a court is invalid.
GZ participants have the right to apply to the court within the time limits set by the APPC.
Basically, potential suppliers challenge the decisions of authorized bodies, decisions, actions (inaction) of the customer, the organizers of the competition in the field of public procurement in accordance with Article 132 of the CPC.
At the same time, Article 136 of the APPC establishes deadlines for filing a lawsuit in court.
Claims for challenging or coercion are filed with the court within one month from the date of delivery of the decision of the body considering the complaint based on the results of the complaint review.
If the law does not provide for a pre-trial procedure or there is no body reviewing the complaint, the claim is filed within one month from the date of delivery of the administrative act or from the moment of notification in accordance with the procedure established by this Code and the legislation of the Republic of Kazakhstan.
The deadline for filing a claim that has been missed for a valid reason may be restored by the court according to the rules of the CPC. The reasons for missing the deadline for filing a claim in court and their significance for the proper resolution of an administrative case are clarified by the court in a preliminary hearing.
Missing the deadline for filing a lawsuit without a valid reason, as well as the inability to restore the missed deadline for filing a lawsuit, are grounds for returning the claim. The court finds out the reasons for the missed deadline in the preliminary hearing and resolves the issue of restoring the missed deadline. In case of refusal to restore the missed deadline by the court, the claim is returned.
REGULATORY LEGAL FRAMEWORK
- The Constitution of the Republic of Kazakhstan;
- The Civil Code of the Republic of Kazakhstan (CC);
- The Civil Procedure Code of the Republic of Kazakhstan (CC)
- Administrative Procedural Procedure Code of the Republic of Kazakhstan (APPK);
- Budget Code of the Republic of Kazakhstan;
- The Tax Code of the Republic of Kazakhstan; - The Law of the Republic of Kazakhstan "On Public Procurement" (the Law on Public Procurement);
- The Law of the Republic of Kazakhstan "On State Audit and Financial Control" (the Law on GAiFK);
- The Law of the Republic of Kazakhstan "On Legal Acts";
- The Law of the Republic of Kazakhstan "On the National Welfare Fund";
- The Law of the Republic of Kazakhstan "On Procurement of certain entities of the quasi-public sector";
- Rules for public procurement, approved by the Order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648 (Rules No. 648);
- Rules for the formation and maintenance of registers in the field of public procurement, approved by the Order of the Minister of Finance of the Republic of Kazakhstan dated December 28, 2015 No. 694 (Rules No. 694);
- The rules for conducting desk control, approved by the Order of the Minister of Finance of the Republic of Kazakhstan dated November 30, 2015 No. 598 (Rules No. 598);
- Rules for conducting internal State audit and Financial control, approved by the Order of the Minister of Finance of the Republic of Kazakhstan dated March 19, 2018 No. 392 (Rules No. 392);
- A special public procurement procedure approved by Resolution of the Government of the Republic of Kazakhstan dated March 20, 2020 No. 127 (valid until December 31, 2020)
- Rules for public procurement using a special procedure, approved by Resolution of the Government of Kazakhstan dated December 31, 2015 No. 1200 (Rules No. 1200);
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 21, 2022 No. 4 "On the application of Legislation on public Procurement by Courts" (NPWS No. 4);
- The Fund's Procurement Management Standard, approved by the decision of the Board of Directors of the Fund No. 31/19 dated September 3, 2019;
- other regulatory legal acts of the Republic of Kazakhstan.
GZ - public procurement;
RNU – register of unscrupulous participants in public procurement;
SMAS – specialized interdistrict Administrative Court;
SKAD – judicial board for administrative cases of the regional court;
SCAD of the Supreme Court of the Republic of Kazakhstan – Judicial Board for Administrative Cases of the Supreme Court of the Republic of Kazakhstan;
SMEC – specialized interdistrict Economic Court;
Ministry of Finance - Ministry of Finance of the Republic of Kazakhstan;
Treasury – Treasury Committee of the Ministry of Finance of the Republic of Kazakhstan;
KVGA – Internal State Audit Committee of the Ministry of Finance of the Republic of Kazakhstan;
DVGA – Department of Internal State Audit of the Internal State Audit Committee of the Ministry of Finance of the Republic of Kazakhstan;
GAiFK – State audit and Financial control;
President
Republic of Kazakhstan
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