With a strong person a powerless one is always to blame
The law was violated, as well as the rights of the entrepreneur
It is not known by what was guided the local executive body after four months of filing a lawsuit against the allegedly unfair company.
In October 2016, a utility company, which is subordinated to rural akimat of Sergeevsk of Atbasar district and LLP "Crossingover" of Kostanay region have signed an agreement on public procurement to carry out the current repair of streets in the village.
Repairs were done in time. By late November, the streets were repaired. Customer bills were paid, there are corresponding acts of reception and transmission, which are signed by both parties. However, in February, the rural akimat by unclear reasons suddenly initiated a lawsuit against LLP "Crossingover" in the Specialized Interdistrict Economic Court of Akmola region on the recognition of it as an unfair participant of public procurement.
Experts of the Chamber, studying the materials of the case, immediately paid attention to the gross violations. "First, if the customer - the local executive body, found the actions of LLP "Crossingover" unfair, then, according to Art. 12 of the Law "On public procurement", it had to apply to court no later than thirty calendar days from the date when they were discovered violations", - says head of department for the protection of the rights of entrepreneurs and reduction of administrative barriers Rasul Syzdykov.
As we know, there were no written complaints of the state agency, notifications or applications upon completion of work. As a result, although the plaintiff did not show up at the hearing, the servants of Themis left his application without consideration.
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