Is the law like plasticine: which way you twist it, is what you get?
The lack of specific rules in the legislation affects entrepreneurs
It is necessary to specify in the law "On public procurements" the concept of "improper fulfillment of obligations".
These and other controversial issues – is a reason for amending the law. This is the conclusion of members of the Council on protection of the rights of entrepreneurs, after hearing the analysis the Council member Nurlybek Yusubaliev "On problematic issues of entrepreneurs in disputes related to the public procurement, for the year 2015 and the 1st half of 2016".
"Analysis of judicial practice shows that in most cases the courts on the grounds of improper performance of their obligations recognize as unscrupulous entrepreneurs the subjects of public procurement for a minor delay in delivery of the goods or services (from 10 days to 30 days), - Nurlybek Yusubaliev informed the Council - Due the fact that the law does not specify the term "improper performance of obligations", anything can denote this concept. The law should determine that not all, but only a substantial breach of the public procurement contract may result in the recognition of the potential supplier as an unscrupulous party of procurement. After the recognition of a business entity as an unscrupulous party of public procurement, it results in their inclusion in the relevant registry and entails certain legal consequences in the form of refusing to participate in public procurement within twenty-four months ", - said N. Yusubaliev.
This is not only opinion of the business community and advocates, who protect the rights of entrepreneurs, but also representatives of the courts. A judge of the specialized inter-district economic court of WKR Nailya Seydakhmetova presented statistics according to which during 2015 were reviewed 1154 cases on the recognition of unfair participants of public procurement, in the first half of 2016 the court had considered 432 cases, of which the vast majority, namely 411 cases , is related to unfair participants of public procurement. "We are almost out of bona fide suppliers of goods, works and services in the region - said the judge. As a result, suppliers from other regions are involved in public procurement in the region".
Participants of the meeting noted the importance and urgency of this issue, since for a considerable number of entrepreneurs participation in public procurement makes it possible to make a profit, to develop production, to create jobs. If that's the imperfection of the legislation, it is necessary to amend the laws.
Council members decided to submit to NCE RK the suggested proposals on amendments to the Law "On public procurement".
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