PUBLIC PROCUREMENT IN STRATEGICALLY SIGNIFICANT PROJECTS AIMED AT THE COMMERCIALIZATION OF SPACE TECHNOLOGIES: THE CASE OF THE «KAZSAT-3R» PROJECT IMPLEMENTATION

Abstract

The development of the space industry in the Republic of Kazakhstan is acquiring particular significance in the context of rapid digitalization, increasing dependence on advanced telecommunication solutions, and intensifying international competition in the field of high technologies. President Kassym-Jomart Tokayev has repeatedly emphasized the need to shift from fundamental scientific developments to applied research and the commercialization of space technologies as a key element of modern state policy.

The implementation of national projects such as «KazSat-2», «KazSat-3» and the planned «KazSat-3R» satellite demonstrates the Republic of Kazakhstan’s determination to ensure independence in satellite communications, expand the range of digital services, reduce reliance on foreign operators, and simultaneously create an economically sustainable model of revenue generation through the commercial use of space infrastructure.

This study is devoted to the legal analysis of public procurement procedures applied in the implementation of the «KazSat-3R» project, considering its strategic importance and technological complexity. Particular attention is given to the provisions of the new Law «On Public Procurement» which came into force on January 1, 2025.

An important element of the research is a comparative legal analysis of international practices in France and Germany, where flexible approaches are applied in procurement for strategic sectors. These instruments help to strike a balance between ensuring competitiveness and the need to implement complex projects in the space sector.

The study examines institutional and regulatory barriers that arise in practice when attempting to engage foreign contractors - such as the absence of financial indicators in domestic sustainability assessment systems, as well as the inability to participate in procurement without a Kazakhstan Business Identification Number (BIN).

Based on the analysis, the paper proposes specific measures to improve legislation aimed at eliminating legal barriers to the implementation of high-tech projects. These include the development of sector-specific procurement standards, the introduction of flexible procedures, and the formalization of mechanisms for the participation of foreign suppliers based on international evaluation criteria.