LAW OF THE KYRGYZ REPUBLIC

of May 16, 2009 No. 156

About public procurements of goods of societies of disabled people of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on April 3, 2009

This Law establishes the general legal and economic principles, procedure for forming, placement and execution on contractual (contractual) basis of state orders on purchase and delivery of goods of societies of disabled people in the Kyrgyz Republic (further - societies of disabled people) and providing with products and the goods made by the companies of societies of the disabled people, the state departments and organizations financed by public funds of the Kyrgyz Republic.

Article 1. The concepts used in this Law

This Law operates with the following concepts which mean:

societies of disabled people - community of the physically disabled people united in societies (including in the companies, the organizations and organizations) and the charters which are acting on the basis of the them and legal acts of the Kyrgyz Republic;

authorized state body on placement of state orders (further - state body) - the executive body determined by the Government of the Kyrgyz Republic pursuing state policy in the field of regulation of release of goods by societies of disabled people and placement of the state order of public institutions and departments;

the state order - requirements of public institutions and departments for the goods made by societies of disabled people and placed according to their requests;

public institutions and departments - the legal entities performing obligatory placement of the state order on the goods issued by societies of disabled people at the expense of the appropriate public funds;

public funds - the following sources of financing provided:

- the public budgetary funds or budgetary funds of local government bodies allocated for implementation of the activities;

- the means determined by the law on the budget as "extrabudgetary funds", means of joint-stock companies where the state share constitutes at least 51 percent, means of the funds created at the expense of public funds and means of public industries;

- the means provided as the foreign help based on international agreements if agreements do not provide different ways of use of means;

the purchase agreement - the contract between the buying organization and the supplier signed on delivery of certain types of the goods issued by societies of disabled people;

the state customer - the state-financed organizations having the status of the legal entity, state bodies, services or the companies, the municipal organizations financed by means of the relevant budget, local government bodies, the organizations and funds created at the expense of public funds, joint-stock companies in which the state owns at least 51 percent of shares;

the supplier (contractor) - the agreement party about deliveries and purchases of products with the buying organization - the society of disabled people having the status of the legal entity where the number of trudozanyaty disabled people constitutes at least 51 percent from total number of working;

delivery - all stages of process of purchases of raw materials, finished goods, the equipment and other goods delivered the buying organization;

goods - products of work of any kind and the description, including raw materials, products, the equipment and objects, and also the services accompanying deliveries of goods;

the state needs - the needs of the state customers for goods, works, services of societies of disabled people satisfied at the expense of public funds.

Article 2. Purposes of this Law

Public procurements of goods of society of disabled people are conducted for the purpose of:

- ensuring realization of products which are turned out by societies of disabled people and achievement of optimum profitability of their production by obligatory placement of the state order on products and goods made by them without application of the procedure of tenders;

- ensuring social protection of disabled people and members of their families;

- employment by skilled work of disabled people;

- accomplishment of national programs of strategy of overcoming poverty;

- warranty ensuring agreement performance of purchase from public institutions and departments and ensuring the obligation fulfillment provided to the buying organization by the supplier (contractor);

- satisfactions of the state needs, including forming and ensuring necessary requirement of health care systems, educations, social protection, public and state security, defense, penal system and civil defense and other industries of economy in the goods made by societies of disabled people.

Article 3. Forming of orders and placement of deliveries of goods of societies of disabled people

1. Needs of subjects of the Kyrgyz Republic for goods of societies of disabled people (for the state needs) are determined by public authorities according to the general principles and provisions of this Law.

2. For the organization of work on accomplishment and ensuring deliveries of goods for the state needs the Government of the Kyrgyz Republic determines and approves the state customers who are responsible for realization of the state needs in goods of societies of disabled people.

3. The state budgetary appropriations provided according to their request for acquisition of necessary goods and products for the corresponding year can be source of financing of the state customers.

4. Purchase orders and delivery of products for ensuring the state needs take place at the companies, in the organizations and organizations of societies of disabled people by means of the conclusion by the state customers of purchase agreements.

5. The government of the Kyrgyz Republic approves by the decision authorized state body on placement of state orders.

6. The government of the Kyrgyz Republic or according to its order state body, from the date of entry into force of this Law, in coordination with republican central bodies of societies of disabled people, establishes assortment, amounts, the prices and terms, and also quotas (the state booking) for the state customers on purchase at producers of goods and provides timely order placement and selection within their request.

Article 4. Rights and obligations of the Parties

1. The purchase agreement determines the rights and obligations of the state customer and the supplier by ensuring the state needs and governs the relations of the supplier with the state customer in case of agreement performance about purchases.

Can be provided by the purchase agreement control from the state customer of progress in accomplishment of the state order, rendering advisory and other help to the supplier without intervention in operational economic activity of the last.

2. Goods delivered according to the purchase agreement shall conform to the mandatory requirements of state standards and special conditions established by this agreement.

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