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LAW OF THE KYRGYZ REPUBLIC

of April 3, 2015 No. 72

About public procurements

(The last edition from 26-06-2019)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on February 18, 2015

Chapter 1. General provisions

Article 1. Purpose and principles of the Law

The purpose of this Law is ensuring profitability and efficiency of use of public funds when implementing public procurements.

Implementation of public procurements is based on the principles:

- publicity, openness, legality and impartiality concerning suppliers (contractors);

- expansions of participation and development of the competition between suppliers (contractors) in the course of implementation of purchases;

- creations of equal and fair conditions for suppliers (contractors) when implementing public procurements.

Article 2. Regulation subject

1. The legislation on public procurements consists of this Law, other regulatory legal acts which are regulating public procurements and also which came in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

2. This Law establishes the general legal and economic principles of public procurements and regulates procedure for carrying out public procurements.

3. This Law does not regulate public procurements:

1) connected with protection of the state secrets. The procedure for the organization of such public procurements is determined by the Government of the Kyrgyz Republic;

2) performed by National Bank of the Kyrgyz Republic.

The National Bank of the Kyrgyz Republic conducts procurement for ensuring administrative needs, accomplishment of construction works and capital repairs according to the internal regulations of implementation of purchases. Internal regulations about purchases affirm National Bank of the Kyrgyz Republic and shall not contradict the purposes and the principles of this Law;

3) connected with production and (or) personification of documents of the state value and special state forms, except for forms of national types of passports of citizens of the Kyrgyz Republic and car driver licenses of the Kyrgyz Republic of national sample. The procedure for the organization of such public procurements is determined by the Government of the Kyrgyz Republic.

Special state forms are made by the state company or other legal entity with the state share at least 51 percent, determined by the Government of the Kyrgyz Republic, except for forms of national types of passports of citizens of the Kyrgyz Republic and car driver licenses of national sample of the Kyrgyz Republic.

Documents of the state value are personified by the state company or other legal entity with the state share at least 51 percent, determined by the Government of the Kyrgyz Republic.

4) connected with services of hemodialysis for patients with chronic renal failure of the fifth stage. The procedure for the organization and implementation of services is determined by the Government of the Kyrgyz Republic.

4. No. 4 voided according to the Law of the Kyrgyz Republic of 11.01.2019.

5. Rules of the international treaty are applied to purchases of the goods, works, services and consulting services performed within implementation of the investment and other projects financed fully or partially by the international organizations if the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic determines other rules, than those which are provided by this Law or bylaws on purchases.

6. No. 4 voided according to the Law of the Kyrgyz Republic of 11.01.2019.

Article 3. The concepts used in this Law

In this Law the following concepts are used:

the affiliate - person corresponding to one or several following signs:

person exerting impact on decision making according to procedures of public procurements;

heads and employees of the buying organizations, and also their close relatives;

suppliers (contractors), founders and (or) members of whom are persons holding political state positions, political municipal positions, special state positions and their close relatives;

currency - settlement monetary unit of the Kyrgyz Republic - som or settlement monetary unit of other state;

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