LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 13, 2012 No. 543-IV 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 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. 33; 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; No. 21-22, of the Art. 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; No. 13-14, of the Art. 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, No. 2-3, of the Art. 7, 21; No. 9-10, of the Art. 47, 48; No. 13-14, of the Art. 62, 63; No. 15-16, of the Art. 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, No. 1-2, of the Art. 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; No. 17-18, of the Art. 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. 12-13, of the Art. 111, 115, 116; No. 14, Art. 117; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning population shift", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on August 6, 2011; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on August 6, 2011; The law of the Republic of Kazakhstan of October 11, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious activities and religious associations", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on October 15, 2011; The Law of the Republic of Kazakhstan of November 9, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation", "Egemen published in newspapers? aza? camp" on November 16, 2011 and "The Kazakhstan truth" on November 19, 2011; The Law of the Republic of Kazakhstan of December 3, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues, "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 8, 2011):

in Article 167:

parts the first, the second, the seventh, eighth and ninth to state in the following edition:

"1. Violation of requirements of the legislation of the Republic of Kazakhstan on public procurements to tender or auction documentation by specifying on 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.

2. The untimely direction of the text of the made changes and (or) additions in tender or auction documentation to persons, data on whom are entered in the magazine of registration of persons who received tender or auction documentation, and equally untimely publication of the specified tender or auction documentation,

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

"7. Removal by commission of experts or creation by the expert of obviously false expert opinion based on which the illegal decision is made by the tender or auction committee,

attracts penalty in the amount of fifty monthly settlement indicators.

8. Evasion of the customer from appeal to the 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.

9. Implementation of public procurements without application of regulations of the legislation of the Republic of Kazakhstan on the public procurements regulating the choice of the supplier and the conclusion of the contract with it on public procurements in cases, not stipulated by the legislation the Republic of Kazakhstan about public procurements,

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

in the note:

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

"in part one - the first heads of the organizer of public procurements, the customer or persons fulfilling their duties, procedures of the organization and carrying out public procurements, responsible for implementation, and (or) persons who are directly participating in development of tender or auction documentation;";

"in part six - members of the tender or auction committee;";

"in parts eight and the ninth - the head of the customer and (or) person fulfilling its duties.".

2. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2008, No. 23, Art. 113; 2009, No. 2-3, of the Art. 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12-13, of the Art. 111, 116; No. 14, Art. 117; No. 15, Art. 120; The law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning population shift", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on August 6, 2011; The Law of the Republic of Kazakhstan of November 24, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of competence of authorized bodies on the state and budgetary planning and enhancement of budget process", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on November 29, 2011; The Law of the Republic of Kazakhstan of December 3, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues, "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 8, 2011):

to add Item 2 of Article 465 with the subitem 9) of the following content:

"9) from the auctions held according to the Law of the Republic of Kazakhstan "About public procurements.".

3. In the Law of the Republic of Kazakhstan of July 21, 2007 "About public procurements" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 17, Art. 135; 2008, No. 13-14, of Art. 58; No. 20, Art. 87; No. 21, Art. 97; No. 24, Art. 128; 2009, No. 2-3, of Art. 21; No. 9-10, of the Art. 47, 49; No. 15-16, of Art. 74; No. 17, Art. 78, 82; No. 24, Art. 129, 133; 2010, No. 5, Art. 23; No. 7, Art. 28, 29; No. 15, Art. 71; No. 17-18, of Art. 108; No. 24, Art. 146; 2011, No. 2, Art. 26; No. 4, Art. 37; No. 6, Art. 49; No. 11, Art. 102; No. 13, Art. 115; The law of the Republic of Kazakhstan of November 24, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of competence of authorized bodies on the state and budgetary planning and enhancement of budget process", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on November 29, 2011; The Law of the Republic of Kazakhstan of December 3, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues, "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 8, 2011):

Article 1 to state 1) in the following edition:

"Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) bid increment - cash interval for which the auction subject price falls;

2) the auction commission - the collegiate organ created by the organizer of public procurements for accomplishment of the procedure of carrying out public procurements by the auction method provided by this Law;

3) auction documentation - documentation provided to the potential supplier for preparation of the auction participation application which contains requirements to the auction participation application, conditions and procedure for carrying out public procurements by auction method;

4) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), the temporary consolidation legal entities (consortium) applying for the conclusion of the agreement on public procurements. The physical person which is not the subject of business activity can be the potential supplier in the case provided by the subitem 5) of Item 3 of article 41 of this Law;

5) affiliirovanny face of the potential supplier - any physical person or legal entity which has the right to determine decisions and (or) to exert impact on the decisions made by this potential supplier, including owing to the transaction made in writing, and also any physical person or legal entity concerning which this potential supplier has such right;

6) homogeneous goods, works, services - goods, works, services which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and to be interchangeable;

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