NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 14, 2012 No. 5

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:

1. According to Item 1 of article 2 of the Law of the Republic of Kazakhstan "About public procurements" of July 21, 2007 (further - the Law) the legislation 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 special law, and on the questions which are not settled by the special law - regulations of group of companies, Code of civil procedure of the Republic of Kazakhstan (further - GPK) 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 Chapter regulations 27 GPK, from the disputes following from the agreement on public procurements which are considered according to the procedure of claim production.

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