LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 14, 2014 No. 161-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public procurements

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of civil procedure of the Republic of Kazakhstan of July 13, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 18, Art. 644; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; 2001, No. 8, Art. 52; No. 15-16, of Art. 239; No. 21-22, of Art. 281; No. 24, Art. 338; 2002, No. 17, Art. 155; 2003, No. 10, Art. 49; No. 14, Art. 109; No. 15, Art. 138; 2004, No. 5, Art. 25; No. 17, Art. 97; No. 23, Art. 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 13, Art. 53; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72; No. 13, Art. 86; 2007, No. 3, Art. 20; No. 4, Art. 28; No. 9, Art. 67; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 13-14, of Art. 56; No. 15-16, of Art. 62; 2009, No. 15-16, of Art. 74; No. 17, Art. 81; No. 24, Art. 127, 130; 2010, No. 1-2, of Art. 4; No. 3-4, of Art. 12; No. 7, Art. 28, 32; No. 17-18, of Art. 111; No. 22, Art. 130; No. 24, Art. 151; 2011, No. 1, Art. 9; No. 2, Art. 28; No. 5, Art. 43; No. 6, Art. 50; No. 14, Art. 117; No. 16, Art. 128, 129; No. 23, Art. 179; 2012, No. 2, Art. 14; No. 6, Art. 43, 44; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 93; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 64; No. 14, Art. 72, 74; No. 15, Art. 76):

to add article 174 part one after words of "government employees" with words ", the commissions when carrying out public procurements".

2. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. of ZZ; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; Art. No. 21-22, 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; Art. No. 13-14, 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, Art. No. 2-3, 7, 21; Art. No. 9-10, 47, 48; Art. No. 13-14, 62, 63; Art. No. 15-16, 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, Art. No. 1-2, 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; Art. No. 17-18, 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 84, 85; No. 13, Art. 91; No. 14, Art. 92, 93, 94; No. 15, Art. 97; No. 20, Art. 121; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3; No. 2, Art. 10, 11, 13; No. 4, Art. 21; No. 7, Art. 36; No. 8, Art. 50; No. 9, Art. 51; Art. No. 10-11, 54, 56; No. 13, Art. 62, 63, 64; No. 14, Art. 72, 74, 75; No. 15, Art. 77, 78, 79, 81, 82; No. 16, Art. 83; The Law of the Republic of Kazakhstan of December 10, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning labor migration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 14, 2013):

in Article 167:

the first, sixth, 6-3 and eighth to state parts in following

editions:

"1. Violation of requirements of the legislation of the Republic of Kazakhstan on public procurements by specifying in tender, auction documentation or in the placed information when implementing public procurements by method of request of price offers for the characteristics determining accessory of acquired goods, works, services to certain potential suppliers, except as specified, stipulated by the legislation the Republic of Kazakhstan about public procurements

attracts penalty on officials in the amount of fifty monthly settlement indicators.";

"6. Establishment in tender or auction documentation to potential suppliers and (or) the subcontractors (collaborators) of qualification requirements attracted by them, not stipulated by the legislation the Republic of Kazakhstan about public procurements,

attracts penalty on officials in the amount of hundred monthly settlement indicators.";

"6-3. Unreasonable recognition of the potential supplier and (or) the subcontractors (collaborators) attracted by it inappropriate to qualification requirements and (or) requirements of tender or auction documentation for the bases, not stipulated by the legislation the Republic of Kazakhstan about public procurements, - attracts penalty on officials in the amount of fifty monthly settlement indicators.";

"8. Not address or the untimely appeal of the customer to court with the claim for recognition of potential suppliers, suppliers by unfair participants of public procurements in cases: non-execution or improper execution by suppliers of the obligations under the agreements on public procurements signed with them; evasion of the potential suppliers determined by winners from the conclusion of the agreement on public procurements

attracts penalty on officials in the amount of thirty monthly settlement indicators.";

in the note:

paragraphs the fourth, the sixth, ninth and tenth to state in the following edition:

"in part three - the first head or the responsible secretary or other performing power of the responsible secretary of the official determined by the President of the Republic of Kazakhstan, the customer or person fulfilling its duties;";

"in part six - the first head or the responsible secretary or other performing power of the responsible secretary of the official determined by the President of the Republic of Kazakhstan, the customer or person fulfilling its duties;";

"in parts eight and the ninth - the first head or the responsible secretary or other performing power of the responsible secretary of the official determined by the President of the Republic of Kazakhstan, the customer or person fulfilling its duties;

in part 6-3 - the chairman of the tender or auction committee and his deputy, and also members of the tender or auction committee;".

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