The court refuses to recognize the supplier as an unscrupulous participant in public procurement if the customers violate the deadline for applying to the court.
According to paragraph 4 of Article 12 of the Law, in the cases specified in subitems 1) and 3) of part 1 of this paragraph, the customer is obliged, no later than thirty calendar days from the date on which he became aware of the supplier's violation of the legislation of the Republic of Kazakhstan on public procurement, to file a lawsuit with the court for recognition of such a potential supplier or supplier as unfair a participant in public procurement. The court must proceed from the fact that these rules are mandatory, and non-compliance with the requirements of the Law by the customer is recognized as the basis for refusing to satisfy the application. By the decision of the Council of Ministers of the Zhambyl region dated October 19, 2016, the claim of the Russian State Institution "Institution of Railway 158/1 of the Committee of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan" against IP "U" regarding recognition as an unscrupulous participant in public procurement was denied. The claim regarding the recovery of penalties and state duties has been satisfied.
The court refuses to recognize the supplier as an unscrupulous participant in public procurement if the customers violate the deadline for applying to the court.
According to the agreement on public procurement of goods dated April 28, 2016, the parties concluded an agreement for the supply of laundry soap in the amount of 1,550 kilograms from March to December 2016 for a total amount of 172,050 tenge. The defendant did not fulfill his obligations, the plaintiff appealed to the court to recognize the defendant as an unscrupulous supplier and to collect a penalty. In rejecting the claim in part, the court of first instance concluded that the deadline for applying to the court for recognition as an unscrupulous supplier of public procurement had been violated. On May 12, 2016, the plaintiff sent a letter to the defendant about the fulfillment of the terms of the contract until May 25, 2016. At the same time, the application was received by the defendant, that is, on May 26, 2016, the plaintiff was already aware that the terms of the contract had not been fulfilled. The lawsuit was filed in court on October 3, 2016, so the deadline for applying to the court has been missed.
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