Note RCLI!
The order of enforcement of this Law, see Article 52
Attention users!
For the convenience of using the RCIS, a CONTENT has been created.
Chapter 1. GENERAL PROVISIONS
Section 1. Scope of this Law
This Law applies to relations associated with the acquisition of goods, works, services necessary to ensure the functioning, as well as the fulfillment of state functions or the statutory activities of the customer, with the exception of:
1) services purchased from individuals under employment contracts;
2) services purchased from individuals who are not subjects of entrepreneurial activity under contracts for the provision of services;
3) services related to travel expenses;
4) state assignment and goods, work, services purchased as part of its implementation in accordance with the budget legislation of the Republic of Kazakhstan;
5) making contributions (contributions), including to the authorized capital of legal entities;
6) goods, works, services purchased by national management holdings, national holdings, national management companies, national companies and legal entities affiliated with them, the National Bank of the Republic of Kazakhstan, its departments, organizations that are part of the National Bank of the Republic of Kazakhstan, and legal entities fifty and more percent of voting shares (equity interests) of which are owned by the National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities affiliated with them;
7) military goods (products), dual-use goods (products) (applications), military works and military services that are part of the state defense order;
8) goods, works, services purchased by an organization specializing in improving the quality of credit portfolios of second-tier banks, for the implementation of activities provided for in paragraph 2 of Article 5-1 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan";
9) goods, works, services purchased as part of the implementation of investment projects financed by international organizations of which the Republic of Kazakhstan is a member. The acquisition of goods, works, services as part of the implementation of investment projects fully or partially financed by other foreign banks is carried out according to the rules of these banks, subject to the following conditions:
a foreign bank has a long-term credit rating in foreign currency not lower than "A-" by Standard & Poor's or a rating of a similar level by one of the other rating agencies;
more than fifty percent of financing is provided by foreign banks;
the implementation of the investment project is carried out by state enterprises, legal entities, fifty or more percent of voting shares (participatory interests in the authorized capital) of which belong to the state, and legal entities affiliated with them;
the implementation of the investment project does not require a state guarantee and does not entail encumbrance of the borrower's property.
Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated February 27, 2017 No. 49-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated December 26, 2018 No. 202-VI (shall be enforced from January 1, 2019); dated March 18, 2019 No. 237-VI (shall be enforced upon expiry of twenty-one calendar days after the day its first official publication).
Article 2. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) false information - false information contained in the application of the potential supplier for participation in the tender (auction), as well as made by corrections that distort the actual content and do not correspond to the reality of the submitted application of the potential supplier;
1-1) auction step - the monetary interval by which the price of the subject of the auction is reduced;
2) potential supplier - an individual carrying out entrepreneurial activity, a legal entity (with the exception of state institutions, unless otherwise provided for by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium), applying for a public procurement contract. An individual who is not a subject of entrepreneurial activity may be a potential supplier in case of purchase by customers of a home belonging to such an individual on the basis of private property;
3) affiliate of a potential supplier - any individual or legal entity that has the right to determine decisions and (or) influence decisions made by this potential supplier, including by virtue of a transaction concluded in