Experts of the Chamber of Pavlodar region defended the interests of the manufacturer of prosthetic and orthopedic products
54 million tenge - this is the sum of the contract, which the Chamber of Entrepreneurs helped to retain for LLC "Ortoprot"
The matter is that in January of the current year an agreement on public procurement from one source for providing prosthetic and orthopedic help was concluded between the partnership and the Department for the Coordination of Employment and Social Programs of the Pavlodar region. The contract is concluded for rendering services on prosthetics, providing for the disabled of the 3rd group with prosthetic and orthopedic means and training them to use them.
However, the Republican Prosthetic and Orthopedic Center appealed to the court for the purpose of terminating and recognizing this public procurement contract as invalid, stating that it was concluded with significant violations of procedures.
However, having studied the case materials, the Chamber did not agree with the arguments of the plaintiff. According to Seifolla Kasymkanov, an expert of the department for the protection of entrepreneurs' rights and the reduction of administrative barriers of RCE, only the parties to this treaty are entitled to change or terminate the agreement. And, since the plaintiff is not a party to the contract, his claims are unreasonable and illegal.
According to the plaintiff's arguments, prosthetic and orthopedic products and orthopedic footwear must have registration certificates for medical devices. Here, Seyfolla Kasymkanov noted that according to the Code of the Republic of Kazakhstan "On the health of the people and the health care system" of state registration, medical products manufactured in medical equipment and medical products under individual orders are not subject to state registration. For example, in the Pavlodar region 947 invalids are registered, according to the applications of which, taking into account the sizes and features, prostheses are made, that is, each of them is provided with an individual approach for the manufacture of prosthetic and orthopedic products. The Committee of the Control of Medical and Pharmaceutical Activities of the Ministry of Health and Social Development of the Republic of Kazakhstan shares the position of experts of the Chamber, which confirmed that prosthetic and orthopedic products are not subject to state registration in connection with the fact that they are manufactured according to individual orders taking into account anatomical features and sizes. The court agreed with the arguments of the experts of the Chamber of Entrepreneurs, due to which this issue found its positive decision and the limited liability company Ortoprot retained an important order for the company.
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