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The document ceased to be valid since December 10, 2018 according to Item 2 of the Order of the Minister of Education and Science of the Republic of Kazakhstan of October 31, 2018 No. 599 

ORDER OF THE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2016 No. 414

About approval of Rules of forming of the list of unfair service providers, goods on catering services of students and brought up in the organizations of preschool, secondary education, the organizations of education for orphan children and children without parental support

According to Item 4-1 of article 8 of the Law of the Republic of Kazakhstan of July 27, 2007 "About education" I ORDER:

1. Approve the enclosed Rules of forming of the list of unfair service providers, goods on catering services of students and brought up in the organizations of preschool, secondary education, the organizations of education for orphan children and children without parental support.

2. (Abdykarim M. S.) in the procedure established by the legislation to provide to committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order the direction of copies of this order for official publication in information system of law of Ad_let and periodic printing editions on the electronic medium with appendix of the paper copy certified by official stamp;

3) within five working days from the date of receipt of the registered this order the direction it the copy in printing and electronic type, the confirmed seal of the Ministry of Education and Science of the Republic of Kazakhstan and the witnessed digital signature of person, representative to sign this order, for entering into Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on official Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan provision in Department of legal service and international cooperation of the Ministry of Education and Science of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) of this Item.

3. To impose control of execution of this order on the vice-Minister of Education and Science of the Republic of Kazakhstan Sukhanberdiyeva E. A.

4. This order becomes effective after ten calendar days after day of the first official publication.

Minister of Education and Science of the Republic of Kazakhstan

E.Sagadiyev

 

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan of June 30, 2016 No. 414

Rules of forming of the list of unfair service providers, goods on catering services of students and brought up in the organizations of preschool, secondary education, the organizations of education for orphan children and children without parental support

Chapter 1. General provisions

1. These rules of forming of the list of unfair service providers, goods on catering services of students and brought up in the organizations of preschool, secondary education, the organizations of education for orphan children and children without parental support (further - Rules) are developed according to Item 4-1 of article 8 of the Law of the Republic of Kazakhstan of July 27, 2007 "About education", and determine procedure for forming of the list of unfair service providers, goods by catering services of students and brought up in the organizations of preschool, secondary education, the organizations of education for orphan children and children without parental support (further - the List).

2. In Rules the following basic concepts are used:

1) Authorized body in the field of protection of the rights of children - Committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan;

2) the supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), acting as the customer's partner in the agreement on public procurements signed with it. The physical person which is not the subject of business activity can be supplier in case of acquisition by customers of the dwelling belonging on the right of private property to such physical person;

3) customers (organizers of tender) - state bodies, public institutions, and also the state companies, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, and legal entities, affiliirovanny with them, except for national managing holdings, national holdings, national managing companies, the national companies and legal entities, affiliirovanny with them, National Bank of the Republic of Kazakhstan, its departments, the organizations entering into structure of National Bank of the Republic of Kazakhstan and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them.

Chapter 2. Procedure for forming of the list of unfair suppliers

3. The list of unfair service providers, goods on catering services of students and brought up in the organizations of preschool, secondary education, the organizations of education for orphan children and children without parental support is created by the organizer of tender (customer) based on the decisions of the courts which took legal effect.

4. The list is created in the Kazakh and Russian languages electronically according to appendix to these rules and contains the information about suppliers (further - the supplier):

1) provided unreliable information on qualification requirements according to Rules of catering services of students in the organizations of secondary education and purchase of goods connected with providing food of the children who are brought up and studying in the preschool organizations of education, the organizations of education for the orphan children and children without parental support approved by the order of the acting minister of science and education of the Republic of Kazakhstan of December 31, 2015 No. 717, it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan year No. 12788;

2) evaded from the conclusion of the agreement in case of recognition by his winner of tender;

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