ISSUES OF REALIZATION OF STATE PROCUREMENTS OF LEGISLATION

Abstract

The article considers the provisions of the legislation on public procurement of the Republic of Kazakhstan and the resulting problems in the application of such standards. Attention is paid to paragraph 4 of Article 37 of the Law of the Republic of Kazakhstan "On public procurement ", which is new in the legislation. It is for the reason that there was not that paragraph in the last edition of the law, it has become possible infringement. This circumstance suggests the untimely awareness enforcement officers, particularly the customers about changes in the legislation. In this case for failure to comply with requirements of the customer losses are suppliers. In this regard, it isrecommended to legislate pre-trial stage to handle such situations with the possibility of compensation to suppliers incurred losses.

The second issue is dedicated to the validity of the contract on public procurement and the terms of the contract. In most cases, the agreement on public procurement (for services, works to be provided on a continuous and regular basis without interruption) are up to 31 December. However, the payment is made before the date of expiry of the contract. Therefore, some of the services provided by the supplier may be not paid contrary to the requirements of paragraph 20 of Article 43 of the Law. On the issue of the validity of the contract in the new law isincluded the rate (paragraph 18 of Article 43), according to the customer is entitled to extend the period until the contract summarizing the results of the state purchases of the public procurement of goods, works and services daily or weekly needs. Introduction of new standards eliminates the problem of break periods between contracts. However, the authority to enter into a contract with the last supplierexpressed in the Law right, not an obligation that enables the customer not to use the norm, even in case of itsexpediency.