The claim was lawfully returned regarding the recognition of illegal actions to revoke the public procurement contract, forcing the registration of public procurement contracts.

 

No.6001-22-00-6ap/2389 dated 05/02/2023

Plaintiff: LLP "F"

Defendant: KSU "Specialized base" of the akim's office

The subject of the dispute: on the recognition of illegal actions to revoke the public procurement contract, forcing to register the public procurement contract

Review of the plaintiff's cassation appeal

PLOT:

On 08/19/2021, the Partnership and KSU signed an agreement on public procurement of warehouse rental services.

On 08/25/2021, the contract was revoked by the defendant.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision is overturned, the claim is returned.

Cassation: the decision is upheld.

Conclusions:

The court of first instance, rejecting the claim, reasoned that this agreement was not registered in accordance with the procedure established by law, therefore, it is considered not concluded. Accordingly, the customer had the right to revoke it.

The Court of Appeal, overturning the court's decision and returning the claim, indicated that the dispute was not subject to administrative proceedings.

Part 2 of Article 102 of the CPC establishes that the courts, in the order of administrative proceedings, have jurisdiction over disputes arising from public law relations provided for by this Code.

Public law relations arise between subjects of law, through the exercise by one of the participants in relation to the other authority.

It follows from the circumstances of the case that the plaintiff is challenging the actions of the customer upon termination of the contract and its registration with the Treasury authorities, that is, this dispute is civil and does not arise from public relations.

 

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