of April 21, 2022 No. 4
About application by courts of the legislation on public procurements
Due to the questions which arose in court practice by consideration of disputes on public procurements for the purpose of the correct and uniform application of the legislation the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations:
1. According to article 3 of the Law of the Republic of Kazakhstan of December 4, 2015 No. 434-V "About public procurements" (further - the Law) the legislation of the Republic of Kazakhstan on public procurements is based on the Constitution of the Republic of Kazakhstan (further - the Constitution) and consists of regulations of the Civil code of the Republic of Kazakhstan (further - group of companies), the Law and other regulatory legal acts of the Republic of Kazakhstan.
By hearing of cases of this category courts need to be guided by the Law, and on the questions which are not settled by the Law - regulations of group of companies, Code of civil procedure of the Republic of Kazakhstan (further - GPK), the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK), the Law of the Republic of Kazakhstan of November 12, 2015 No. 392-V "About the state audit and financial control" (further - the Law on the state audit) and other regulations. Courts should differentiate the disputes arising in selection process of the supplier and the conclusion of the contract with it on public procurements which procedure for consideration is regulated by APPK regulations, and the disputes following from the agreement on public procurements which are considered according to the procedure of civil legal proceedings according to GPK regulations.
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