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Fault was not proved

- Almaty Region
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The court rejected the military unit in a lawsuit against the peasant farm

The case by the claim of RGA military unit 2534 CNS RK ended well. Military unit 2534 CNS RK addressed to the court to recognize the farm "Eureka" unfair participants of public procurement. The reason was the delay in the execution of contractual obligations by the farm. In February the plaintiff announced the plans to purchase cereals. The farm "Eureka" was announced the winner.  However, the company delayed the delivery of the goods for one day, in this connection, the defendant has paid the penalty in the amount of more than 9 thousand tenge.

According to the expert of the department for the protection of the rights of entrepreneurs and reduction of administrative  barriers of the Chamber of Entrepreneurs of Almaty region Diaz Otashbaev, this situation did not lead to any negative consequences, because the goods have been delivered, and the penalty was paid. In spite of this military unit asked the court to recognize the farm an unfair participant of public procurement. However, it was not possible to prove the guilt. The Specialized Interdistrict Economic Court of Almaty region found that the claimant had breached the 30-day deadline for appeal to the court, established by the Law of RK "On public procurements". According to clause 4 of Article 12 of the Law the customer shall not later than 30 calendar days from the date when he became aware of the fact of violation of the law by the supplier, appeal to the court for recognition of the supplier as an unfair participants of public procurement. Therefore, the court rejected the claim of the military unit.

In addition, the Specialized Interdistrict Economic Court of Almaty region issued a special ruling and sent it to the address of the head of the military unit 2534 CNS RK to take action against the perpetrators and conducting outreach activities in order to prevent further similar violations.


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