Commentary to article 207. Violation of the legislation of the Republic of Kazakhstan on public procurement and the Code of Administrative Offences of the Republic of Kazakhstan  

     1. Violation of the requirements of the legislation of the Republic of Kazakhstan on public procurement to tender documentation (auction documentation) or in the posted information when conducting public procurement by requesting price offers by establishing any non-quantifiable and (or) non-administrative requirements for potential suppliers or indicating the characteristics that determine the affiliation of the purchased goods, works, services to individual potential suppliers, except except for the following cases, provided for by the legislation of the Republic of Kazakhstan on public procurement, -

     entails a fine for officials in the amount of fifty monthly calculation indices.

     2. Failure to review or untimely consideration of comments on the draft tender documentation (auction documentation), requests for clarification of the provisions of the tender documentation (auction documentation) received as part of the preliminary discussion of the draft tender documentation (auction documentation), as well as failure to post or untimely posting on the public procurement web portal of the protocol of preliminary discussion of the draft tender documentation (auction documentation)if there are comments and requests for clarification., as well as the text of the tender documentation (auction documentation), except in cases stipulated by the legislation of the Republic of Kazakhstan on public procurement., -

     they impose a fine on officials in the amount of thirty monthly calculation indices.

     3. Refusal to carry out public procurement in cases not provided for by the legislation of the Republic of Kazakhstan on public procurement, -

     entails a fine for officials in the amount of one hundred monthly calculation indices.

     4. Sending a request and other actions of the tender commission (auction commission) related to supplementing the application for participation in the tender (auction) with missing documents, replacing documents submitted in the application for participation in the tender (auction), bringing improperly executed documents into compliance after the deadline for submitting applications for participation in the tender (auction) in accordance with the qualification requirements and requirements of the tender documentation (auction documentation) provided for by the legislation of the Republic of Kazakhstan on public procurement, -

     they impose a fine on officials in the amount of one hundred monthly calculation indices.

     5. Establishment of qualification requirements in the tender documentation (auction documentation) for potential suppliers and (or) subcontractors (co-executors) of works or services that are not provided for by the legislation of the Republic of Kazakhstan on public procurement, -

     entails a fine for officials in the amount of fifty monthly calculation indices.

     6. Violation of the requirements of the legislation of the Republic of Kazakhstan on public procurement regarding the non-application of criteria affecting the competitive price offer, as well as their incorrect calculation -

     they impose a fine on officials in the amount of fifty monthly calculation indices.

     7. Recognition of a potential supplier and (or) subcontractors (co-executors) of works or services attracted by them as non-compliant with qualification requirements and (or) requirements of tender documentation (auction documentation) on grounds not provided for by the legislation of the Republic of Kazakhstan on public procurement, -

     entails a fine for officials in the amount of one hundred monthly calculation indices.

     8. Non-division in the course of public procurement of goods, works, and services into lots according to their homogeneous types and the place of their delivery (execution, rendering), except in cases provided for by the legislation of the Republic of Kazakhstan on public procurement, -

     entails a fine for officials in the amount of ten monthly calculation indices.

     9. Preparation by an expert commission or an expert of a deliberately false expert opinion, on the basis of which an illegal decision was made by the tender commission (auction commission), -

     entails a fine in the amount of fifty monthly calculation indices.

     10. Failure to address or untimely appeal of the customer to the court with a claim for recognition of potential suppliers or suppliers as unscrupulous participants in public procurement in the following cases::

     1) providing a potential supplier or supplier with false information on qualification requirements and (or) documents affecting the competitive price offer;

     2) non-fulfillment by the supplier of obligations under the public procurement contract concluded with him;

     3) improper fulfillment by the supplier of obligations under the public procurement contract concluded with him, except in cases stipulated by the legislation of the Republic of Kazakhstan on public procurement, -

     entails a fine for officials in the amount of thirty monthly calculation indices.

     11. Implementation of public procurement using a single source method by directly concluding a public procurement contract in cases not provided for by the legislation of the Republic of Kazakhstan on public procurement, as well as the purchase of goods, works, and services not provided for in the approved annual public procurement plan (preliminary annual public procurement plan), except for cases provided for by the legislation of the Republic of Kazakhstan on public procurement, -

     they impose a fine on officials in the amount of one hundred monthly calculation indices.

     12. Failure to provide in the protocols of preliminary admission to participate in the tender (auction), on the results of public procurement by means of a tender (auction) a detailed description of the reasons for rejecting a potential supplier's application for participation in the tender (auction), including information and documents confirming its non-compliance with the qualification requirements and the requirements of the tender documentation (auction documentation), -

     entails a fine for officials in the amount of ten monthly calculation indices.

     13. Non-posting or late posting of the annual public procurement plan (preliminary annual public procurement plan) or amendments and (or) additions to the annual public procurement plan (preliminary annual public procurement plan) on the public procurement web portal, with the exception of information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing information of limited distribution, as well as the approval (clarification) of the annual public procurement plan in an amount that does not correspond to the budget (development plan) or the individual financing plan in aggregate according to the specifics of the economic classification (expenditure items) for which public procurement contracts are required., -

     they impose a fine on officials in the amount of fifteen monthly calculation indices.

     14. Late consideration of applications from potential suppliers for participation in the tender (auction), as well as late posting of the preliminary admission protocol and (or) the results protocol -

     they impose a fine on officials in the amount of thirty monthly calculation indices.

     15. Actions (inaction) provided for in parts one and six of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

     they impose a fine on officials in the amount of one hundred monthly calculation indices.

     16. Actions (inaction) provided for in parts two, ten and thirteen of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

     they impose a fine on officials in the amount of sixty monthly calculation indices.

     17. The action provided for in part nine of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

     entails a fine in the amount of one hundred monthly calculation indices.

     18. The actions provided for in parts three and eleven of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

     they impose a fine on officials in the amount of two hundred monthly calculation indices.

     Notes.

     1. Officials in this article should be understood as:

     1) in the first part - the first head or the executive secretary or other official exercising the powers of the executive secretary, designated by the President of the Republic of Kazakhstan, the organizer of public procurement, the unified organizer of public procurement, the customer or persons performing their duties, and (or) persons directly involved in the development of tender documentation (auction documentation);

     2) in part two, the first heads of the organizer of public procurement, the single organizer of public procurement, the customer or persons performing their duties responsible for the implementation of procedures for the organization and conduct of public procurement;

     3) in parts three, eight, ten, eleventh and thirteenth - the first head or the executive secretary or another official exercising the powers of the executive secretary, designated by the President of the Republic of Kazakhstan, the customer or the person performing his duties;

     4) in parts four and fourteen, the chairman of the tender commission (auction commission), as well as the members and secretary of the tender commission (auction commission);

5) in part five - the first head or the executive secretary or another official exercising the powers of the executive secretary, designated by the President of the Republic of Kazakhstan, the customer or the person performing his duties, the first head of the unified organizer of public procurement or the person performing his duties;

     6) in parts six, seven and twelve - the chairman of the tender commission (auction commission), as well as members of the tender commission (auction commission).

     2. An official shall not be subject to administrative responsibility provided for in this article in the case of self-elimination of violations identified by the results of desk control, within ten working days from the day following the day of delivery to the control object of the notification of elimination of violations identified by the results of desk control.

     The commented article establishes administrative liability for violation of the legislation of the Republic of Kazakhstan on public procurement.

     The generic object of offenses provided for in Article 207 of the Administrative Code is the procedure established in the legislation of the Republic of Kazakhstan and protected by the state for carrying out trading activities in the Republic of Kazakhstan.

     The direct object of administrative offenses provided for in the commented article is the procedure for conducting public procurement established in the legislation of the Republic of Kazakhstan and protected by the state.

     Public procurement is the purchase by customers of goods, works, and services in whole or in part from budget funds and/or their own income, with the exception of income related to the provision of services to non–residents of the Republic of Kazakhstan.

     Customers are government agencies, government agencies, as well as state–owned enterprises, legal entities, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to the state, and legal entities affiliated with them, with the exception of: national management holdings, national holdings, national management companies, national companies and affiliated companies. list of legal entities; The National Bank of the Republic of Kazakhstan, its departments, organizations that are part of the structure of the National Bank of the Republic of Kazakhstan, and legal entities, fifty percent or more of the voting shares (participation shares in the authorized capital) of which belong to the National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities affiliated with them; state-owned enterprises as property complexes, legal entities, fifty percent or more of the voting shares (stakes in the authorized capital) of which belong to the state, and affiliated legal entities transferred to the trust management of individuals or non-governmental legal entities with the right of subsequent redemption.

     The subjects of offenses provided for in Article 207 of the Administrative Code, by virtue of the direct indication of this in the sanctions of the commented article, are officials.

     The subjective side of the acts provided for in Article 207 of the Administrative Code is characterized by guilt in the form of intent or negligence of the officials who committed these acts.

     The offences provided for in the commented article are formal. In order to calculate and impose fines on offenders under the commented article, it is not necessary to establish the fact and amount of damage caused to third parties from the commission of offenses.

     The imposition of administrative penalties for the commission of offenses provided for in the commented article is carried out by the Ministry of Finance of the Republic of Kazakhstan or by the court, in case the case is considered in court.

     Part 1 of the commented article establishes administrative responsibility for violating the requirements of the legislation of the Republic of Kazakhstan on public procurement for tender documentation (auction documentation) or in the posted information when conducting public procurement by requesting price offers by establishing any non-quantifiable and (or) non-administrative requirements for potential suppliers or indicating the characteristics that determine the ownership of the purchased goods, works, services to individual potential suppliers, except in the following cases, provided for by the legislation of the Republic of Kazakhstan on public procurement.

     The objective side of the offense provided for in Part 1 of Article 207 of the Administrative Code is the commission of illegal actions by an official in the form of:

     1) establishing any non-quantifiable and/or non-determinable requirements for potential suppliers, or  

     2) indications of the characteristics that determine whether the purchased goods, works, and services belong to individual potential suppliers.

     At the request of paragraphs 1) and 2) of paragraph 3 of Article 21 of the Law of the Republic of Kazakhstan "On Public Procurement", it is prohibited in the tender documentation to establish conditions for public procurement that entail limiting the number of potential suppliers in cases not provided for by this Law, including those relating to the establishment of any non-quantifiable and (or) non-administrative requirements for potential suppliers, the content of indications of the characteristics that determine whether the purchased product, work, or service belongs to a particular potential supplier.

     Violation by the official determining the terms of the tender documentation of the specified legislative prohibitions on the procedure for determining the terms of the tender documentation forms the final composition of the administrative offense provided for in Part 1 of the commented article.  

     For committing an offense provided for in Part 1 of the commented article, a person is punished with a fine.  

     The amount of the fine for an official committing an offense under Part 1 of Article 207 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.

     Part 2 of the commented article establishes administrative responsibility for failure to review or untimely consideration of comments on the draft tender documentation (auction documentation), requests for clarification of the provisions of the tender documentation (auction documentation) received as part of the preliminary discussion of the draft tender documentation (auction documentation), as well as non-posting or late posting on the web portal of public procurement of the protocol of preliminary discussion of the draft tender documentation (auction documentation)if there are comments and requests for clarification, as well as the text of the tender documentation (auction documentation), except in cases provided for by the legislation of the Republic of Kazakhstan on public procurement.

     The objective side of the offense provided for in Part 2 of the commented article is characterized by the offender committing illegal actions (inaction) in the form of:

     1) failure to review comments on the draft tender documentation (auction documentation), requests for clarification of the provisions of the tender documentation (auction documentation) received as part of the preliminary discussion of the draft tender documentation (auction documentation),

     2) late consideration of the above-mentioned requests and comments,

     3) failure to post on the public procurement web portal the minutes of the preliminary discussion of the draft tender documentation (auction documentation), if there are comments and requests for clarification, as well as the text of the tender documentation (auction documentation).,  

     4) late posting of the above-mentioned protocol and the text of the tender (auction) documentation.

     As required by clauses 1 and 2 of Article 22 of the Law of the Republic of Kazakhstan "On Public Procurement", a prerequisite for the approval of the tender documentation is a preliminary discussion of the draft tender documentation by potential suppliers. Comments on the draft tender documentation, as well as requests for clarification of the provisions of the tender documentation, may be sent to the customer, the organizer of public procurement, the unified organizer of public procurement no later than five working days from the date of the announcement of public procurement. In the absence of comments and requests, the tender documentation is considered approved.

     In case of comments, as well as requests for clarification of the provisions of the tender documentation, the customer, the organizer of public procurement, within five working days from the date of expiry of the period for preliminary discussion of the tender documentation, must make one of the following decisions: 1) on making changes and (or) additions to the draft tender documentation; 2) on rejecting comments on the draft tender documentation, indicating the reasons for their rejection; 3) on clarifying the provisions of the tender documentation. From the date of adoption of one of the specified decisions, the tender documentation is considered approved.  

     After recognizing the tender documentation as approved, the customer, the organizer of public procurement, no later than one business day from the date of making one of the above decisions, are required to post on the public procurement web portal the minutes of the preliminary discussion of the draft tender documentation, as well as the text of the tender documentation.

     Failure to perform these duties, as well as their untimely performance, form the final composition of the offense provided for in Part 2 of the commented article.

     For committing an offense under Part 2 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for an official of the customer or the organizer of public procurement committing an offense under Part 2 of Article 207 of the Administrative Code is 30 MCI, is fixed and is not subject to change by the body imposing it.  

Part 3 of the commented article establishes administrative responsibility for refusal to carry out public procurement in cases not provided for by the legislation of the Republic of Kazakhstan on public procurement.

     The objective side of the offense provided for in Part 3 of the commented article is characterized by the offender committing illegal actions (inaction), expressed in the refusal to carry out public procurement in cases not provided for by the legislation of the Republic of Kazakhstan on public procurement.

     According to the norm of clause 13 of Article 5 of the Law of the Republic of Kazakhstan "On Public Procurement", the customer has the right to refuse to carry out public procurement before concluding a public procurement contract in the following cases:: 1) reduction of expenses for the purchase of goods, works, and services provided for in the approved (revised) annual public procurement plan (preliminary annual public procurement plan), which occurred during the clarification (adjustment) of the relevant budget, draft budget, in accordance with the legislation of the Republic of Kazakhstan; 2) making amendments and additions to the strategic plan of the state body, the budget (development plan) or the individual financing plan of the customer, eliminating the need to purchase goods, works, and services provided for in the approved (updated) annual public procurement plan (preliminary annual public procurement plan), in accordance with the legislation of the Republic of Kazakhstan.

     In other cases, the customer, who is obliged to purchase the goods (works, services) necessary for him through public procurement, has no right to refuse to carry them out.

     Violation of the specified legislative requirement forms the final composition of the offense provided for in Part 3 of the commented article.

     For committing an offense under Part 3 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for an official of the customer committing an offense under Part 3 of Article 207 of the Administrative Code is 100 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 4 of the commented article establishes administrative responsibility for sending a request and other actions of the tender commission (auction commission) related to supplementing the application for participation in the tender (auction) with missing documents, replacing documents submitted in the application for participation in the tender (auction), bringing into compliance improperly executed documents after the deadline for bringing applications for participation in the tender (auction) in accordance with the qualification requirements and the requirements of the tender documentation (auction documentation), provided for by the legislation of the Republic of Kazakhstan on public procurement.

     The objective side of the offense provided for in Part 4 of the commented article is expressed in the unlawful sending of a request and the commission of other illegal actions related to:

     1) addition of the application for participation in the tender (auction) with missing documents,  

     2) replacement of documents submitted in the application for participation in the tender (auction),  

     3) by bringing improperly executed documents into compliance, after the deadline for bringing applications for participation in a tender (auction) into compliance with the qualification requirements and requirements of the tender documentation (auction documentation) provided for by the legislation of the Republic of Kazakhstan on public procurement.

     According to clause 5 of Article 27 of the Law of the Republic of Kazakhstan "On Public Procurement", when considering applications for participation in a tender for compliance of potential suppliers with qualification requirements and requirements of the tender documentation, the tender commission has the right: 1) in writing and/or in the form of an electronic document, request materials and explanations from potential suppliers in connection with their applications in order to simplify the review, evaluation and comparison of applications for participation in the competition; 2) in order to clarify the information contained in the applications for participation in the competition, in writing and (or) in the form of an electronic document, request the necessary information from the relevant individuals or legal entities, government agencies.

     At the same time, according to the directly established legislative prohibition in the above-mentioned provision of the Law, it is not allowed to send a request and other actions of the competition commission related to supplementing the application for participation in the competition with missing documents, replacing documents submitted in the application for participation in the competition, or bringing improperly executed documents into compliance after the deadline for submitting applications for participation participation in the competition in accordance with the qualification requirements and the requirements of the tender documentation.

     Violation by the competition commission of the specified legislative prohibition forms the final composition of the offense provided for in Part 4 of the commented article.

     For committing an offense under Part 4 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for the commission of an offense by officials of the tender commission (auction commission) of the customer, provided for in Part 4 of Article 207 of the Administrative Code, is 100 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 5 of the commented article establishes administrative responsibility for establishing qualification requirements in the tender documentation (auction documentation) for potential suppliers and (or) subcontractors (co-executors) of works or services that are not provided for by the legislation of the Republic of Kazakhstan on public procurement.

     The objective side of the offense provided for in Part 5 of the commented article is characterized by the offender committing illegal actions, which are expressed in the establishment of qualification requirements in the tender documentation (auction documentation) that are not provided for by the legislation of the Republic of Kazakhstan on public procurement.

     As required by paragraph 8 of Article 9 of the Law of the Republic of Kazakhstan "On Public Procurement", it is not allowed to establish qualification requirements not provided for in paragraph 1 of Article 9 of the Law of the Republic of Kazakhstan "On Public Procurement".

     Violation by the customer or the organizer of the auction of the specified legislative prohibition forms the final composition of the offense provided for in part 5 of the commented article.

     For committing an offense under Part 5 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 5 of Article 207 of the Administrative Code is 50 MCI for an official, is fixed and is not subject to change by the body imposing it.

     Part 6 of the commented article establishes administrative liability for violating the requirements of the legislation of the Republic of Kazakhstan on public procurement in terms of non-application of criteria affecting the competitive price offer, as well as their incorrect calculation.

     The objective side of the offense provided for in Part 6 of the commented article is characterized by the offender committing unlawful inaction in the form of non-application of criteria affecting the competitive price offer, as well as illegal actions in the form of incorrect calculation of these criteria.

     At the request of paragraph 8 of Article 27 of the Law of the Republic of Kazakhstan "On Public Procurement", based on the results of repeated consideration of applications for participation in the tender, the tender commission shall, within five working days from the date of expiry of the deadline for the re-submission by potential suppliers of applications for participation in the tender, brought in accordance with the qualification requirements and the requirements of the tender documentation.: 1) identifies potential suppliers who meet the qualification requirements and requirements of the tender documentation, and recognizes participants in the tender; 2) applies and calculates criteria affecting the competitive price offer. The criteria affecting the competitive price offer and their calculation, according to paragraph 4 of Article 21 of the said Law, are determined by the rules of public procurement.

     Failure by obligated persons to comply with the above-mentioned legislative requirement forms the final composition of the offense provided for in Part 6 of the commented article.

     For committing an offense under Part 6 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 6 of Article 207 of the Administrative Code is 50 MCI for officials, is fixed and is not subject to change by the body imposing it.  

     Part 7 of the commented article establishes administrative responsibility for recognizing a potential supplier and (or) subcontractors (co-executors) of works or services involved by them as non-compliant with qualification requirements and (or) requirements of tender documentation (auction documentation) on grounds not provided for by the legislation of the Republic of Kazakhstan on public procurement.

     The objective side of the offense provided for in Part 7 of the commented article is characterized by the offender committing illegal actions, which are expressed in recognizing a potential supplier and (or) subcontractors (co-executors) of works or services attracted by them as non-compliant with qualification requirements and (or) requirements of tender documentation (auction documentation) on grounds not provided for by the legislation of the Republic of Kazakhstan on public procurement.

     At the request of the norm of clause 2 of Article 10 of the Law of the Republic of Kazakhstan "On Public Procurement", it is not allowed to recognize a potential supplier and (or) subcontractor (co-executor) of works or services that do not meet qualification requirements on grounds not provided for by the legislation of the Republic of Kazakhstan on public procurement.

     According to paragraph 1 of Article 10 of the said Law, a potential supplier is recognized as not meeting the qualification requirements for one of the following reasons:  

1) failure to submit a document(s) to confirm compliance with the qualification requirements of a potential supplier and (or) a subcontractor (co-executor) of works or services engaged by him;  

     2) establishing the fact of non-compliance with qualification requirements based on the information contained in the documents provided by the potential supplier to confirm its compliance, as well as the non-compliance of the subcontractor (co-executor) of works or services attracted by him with the qualification requirements;  

     3) establishing the fact of providing false information on qualification requirements.

     Accordingly, the recognition of a potential supplier and (or) a subcontractor (co-executor) of works or services attracted by him that do not meet the qualification requirements for any other grounds used by the customer or the organizer of public procurement forms the final composition of the offense provided for in Part 7 of the commented article.  

     For committing an offense under Part 7 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 7 of Article 207 of the Administrative Code is 100 MCI for officials, is fixed and is not subject to change by the body imposing it.  

     Part 8 of the commented article establishes administrative responsibility for non-division of goods, works, and services into lots according to their homogeneous types and place of delivery (execution, provision), with the exception of cases provided for by the legislation of the Republic of Kazakhstan on public procurement.

     The objective side of the offense provided for in Part 8 of the commented article is characterized by the commission by the offender of illegal actions, expressed in the non-division of goods, works, services into lots according to their homogeneous types and the place of their delivery (execution, provision).

     As required by paragraph 3 of Article 5 of the Law of the Republic of Kazakhstan "On Public Procurement", when drawing up the annual public procurement plan (preliminary annual public procurement plan), the customer is obliged to divide goods, works, services into lots according to their homogeneous types and the place of their delivery (execution, provision).  

     The exceptions to this general rule are the following cases:: 1) purchase of works and services involving a set of interrelated works and services; 2) purchase of goods, works and services according to the list approved by the authorized body. In addition, if there are at least five locations for the supply of goods and services, it is allowed to specify several locations for the supply of goods and services in the lot.

     Violation by an obligated person of the specified legislative requirement for the division of goods, works, and services into lots according to their homogeneous types and the place of their delivery (execution, rendering) forms the final composition of the offense provided for in Part 8 of the commented article.

     For committing an offense under Part 8 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 8 of Article 207 of the Administrative Code is 10 MCI for officials, is fixed and is not subject to change by the body imposing it.  

     Part 9 of the commented article establishes administrative responsibility for the preparation by an expert commission or an expert of a deliberately false expert opinion, on the basis of which an illegal decision was made by the tender commission (auction commission).

     The subjects of the offense under Part 9 of Article 207 of the Administrative Code, by virtue of a direct indication of this in the commented norm, are an expert or members of an expert commission who prepare an expert opinion for the tender commission (auction commission).

     An expert commission is a collegial body created by the organizer of public procurement or the customer with the involvement of experts to participate in the development of technical specifications and (or) technical specifications of purchased goods, works, and services and (or) the preparation of an expert opinion on the compliance of proposals from potential suppliers with the technical specifications of purchased goods, works, and services.

     The expert – this is an individual with special and (or) technical knowledge, experience and qualifications in the field of public procurement, supported by relevant documents (diplomas, certificates, certificates and other documents), engaged by the organizer of public procurement or the customer to participate in the development of technical specifications and (or) technical specifications of the purchased goods, works, services and (or) preparation of an expert opinion on the compliance of potential suppliers' proposals with the technical specifications of the purchased goods and works, services.

     The objective side of the offense provided for in Part 9 of the commented article is characterized by the commission of illegal actions by the offender, expressed in the preparation of a deliberately false expert opinion, on the basis of which an illegal decision was made by the tender commission (auction commission).

     In accordance with Articles 27 and 33 of the Law of the Republic of Kazakhstan "On Public Procurement", when considering applications for participation in a tender (auction), the organizer of public procurement or the customer has the right to form an expert commission or appoint an expert to prepare an expert opinion on the conformity of goods, works, and services offered by potential suppliers to technical specifications, which are an integral part of the tender documentation. (auction) documentation.

     The appointed expert or expert commission is obliged to prepare and submit to the customer or the organizer of public procurement a reliable expert opinion on the subject requested from them.

     Failure by experts or members of the expert commission to fulfill their obligation to prepare and submit a reliable expert opinion and to submit instead an obviously false expert opinion, on the basis of which an illegal decision was made by the tender commission (auction commission), constitutes the final composition of the offense provided for in Part 9 of the commented article.  

     For committing an offense under Part 9 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 9 of Article 207 of the Administrative Code is 50 MCI, is fixed and is not subject to change by the body imposing it.  

     Part 10 of the commented article establishes administrative liability for the customer's failure to address or untimely appeal to the court with a claim for recognition of potential suppliers or suppliers as unscrupulous participants in public procurement in the following cases::

     1) providing a potential supplier or supplier with false information on qualification requirements and (or) documents affecting the competitive price offer;

     2) non-fulfillment by the supplier of obligations under the public procurement contract concluded with him;

     3) improper fulfillment by the supplier of obligations under the public procurement contract concluded with him, except in cases stipulated by the legislation of the Republic of Kazakhstan on public procurement.

     The objective side of the offense provided for in Part 10 of the commented article is characterized by the offender committing illegal actions (inaction) in the form of failure or untimely appeal of the customer to the court with a claim for recognition of potential suppliers or suppliers as unscrupulous participants in public procurement in the cases provided for by the commented norm.

     At the request of paragraph 4 of art. 12 of the Law of the Republic of Kazakhstan "On Public Procurement", if potential suppliers or suppliers have provided false information on qualification requirements and (or) documents affecting the competitive price offer, the organizer of public procurement, the customer must, no later than thirty calendar days from the day when they became aware of the fact of violation by the potential supplier or supplier according to the legislation of the Republic of Kazakhstan on public procurement, file a lawsuit with the court to recognize such a potential supplier or supplier as an unscrupulous participant in public procurement.

     In addition, if suppliers have not fulfilled or improperly fulfilled their obligations under the public procurement contracts concluded with them, the customer is also obliged, no later than thirty calendar days from the date on which he became aware of the supplier's violation of the legislation of the Republic of Kazakhstan on public procurement, to file a lawsuit to recognize such supplier as an unscrupulous participant. government procurement.  

     The exception to this rule is cases that collectively satisfy the following conditions: 1) payment of a penalty (fine, fine) by the supplier; 2) full fulfillment of contractual obligations; 3) absence of damage caused to the customer.

     Non-fulfillment or untimely fulfillment by the customer of the above-mentioned legislative requirement to file a lawsuit to declare the supplier unfair to participants in public procurement forms the final composition of the offense provided for in Part 10 of the commented article.

     For committing an offense under Part 10 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 10 of Article 207 of the Administrative Code is 30 MCI for officials, is fixed and is not subject to change by the body imposing it.  

Part 11 of the commented article establishes administrative responsibility for carrying out public procurement using a single source method by directly concluding a public procurement contract in cases not provided for by the legislation of the Republic of Kazakhstan on public procurement, as well as the purchase of goods, works, and services not provided for in the approved annual public procurement plan (preliminary annual public procurement plan), with the exception of cases stipulated by the legislation of the Republic of Kazakhstan on public procurement.

     The objective side of the offense provided for in Part 11 of the commented article is characterized by the offender committing illegal actions in the form of public procurement using a single source method by:

     1) direct conclusion of a public procurement contract in cases not provided for by the legislation of the Republic of Kazakhstan on public procurement,  

     2) purchases of goods, works, and services not provided for in the approved annual public procurement plan (the preliminary annual public procurement plan).

     Public procurement using a single source method by directly concluding a public procurement contract is carried out in the cases provided for in paragraph 3 of Article 39 of the Law of the Republic of Kazakhstan "On Public Procurement". In other cases, the customer is obliged to carry out public procurement in other ways specified in the law.  

     Also, as required by clause 10 of Article 5 of the Law of the Republic of Kazakhstan "On Public Procurement", it is not allowed to purchase goods, works, or services that are not provided for in the approved (clarified) annual public procurement plan (preliminary annual public procurement plan), except for the purchase of goods, works, and services in cases explicitly specified in the Law.

     Violation of the above-mentioned legislative requirements and prohibitions forms the final composition of the offense provided for in Part 11 of the commented article.  

     For committing an offense under Part 11 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 11 of Article 207 of the Administrative Code is 100 MCI for officials, is fixed and is not subject to change by the body imposing it.  

     Part 12 of the commented article establishes administrative responsibility for failure to provide in the protocols of preliminary admission to participate in a tender (auction), on the results of public procurement by means of a tender (auction) a detailed description of the reasons for rejecting a potential supplier's application for participation in a tender (auction), including information and documents confirming its non-compliance with qualification requirements and the requirements of the tender documentation (auction documentation).

     The objective side of the offense provided for in Part 12 of the commented article is characterized by the offender committing illegal actions (inaction), expressed in the failure to provide a detailed description of the reasons for rejecting a potential supplier's application for participation in a tender (auction), information and documents confirming its non-compliance with qualification requirements and the requirements of the tender documentation (auction documentation).

     As required by clause 3 of Article 27 of the Law of the Republic of Kazakhstan "On Public Procurement", the protocol of preliminary admission to participate in the tender must contain information about potential suppliers whose applications for participation in the tender were rejected, with a detailed description of the reasons for their rejection, including information and documents confirming their non-compliance with qualification requirements and requirements. tender documentation.

     Violation by an obligated person of the specified legislative requirement forms the final composition of the offense provided for in Part 12 of the commented article.

     For committing an offense under Part 12 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 12 of Article 207 of the Administrative Code is 10 MCI for officials, is fixed and is not subject to change by the body imposing it.  

     Part 13 of the commented article establishes administrative responsibility for non-posting or late posting of the annual public procurement plan (preliminary annual public procurement plan) or amendments and (or) additions to the annual public procurement plan (preliminary annual public procurement plan) on the public procurement web portal, as well as approval (clarification) of the annual public procurement plan in volume, which does not correspond to the budget (development plan) or the individual financing plan combined according to the specifics of the economic classification (expenditure items), which require the conclusion of public procurement contracts.

     The objective side of the offense provided for in Part 13 of the commented article is characterized by the offender committing illegal actions (inaction) in the form of:

     1) non-posting of the annual public procurement plan (preliminary annual public procurement plan) or amendments and/or additions to the annual public procurement plan (preliminary annual public procurement plan) on the public procurement web portal;

     2) late posting of the above-mentioned plan and changes (additions) to it;

     3) approval (clarification) of the annual public procurement plan in an amount that does not correspond to the budget (development plan) or the individual financing plan in aggregate according to the specifics of the economic classification (expenditure items) for which public procurement contracts are required.

     At the request of the provisions of clauses 6 and 7 of Article 5 of the Law of the Republic of Kazakhstan "On Public Procurement", the customer is obliged to post it on the public procurement web portal within five working days from the date of approval of the annual public procurement plan (preliminary annual public procurement plan). The customer is also obliged to post the changes and/or additions on the public procurement web portal within five working days from the date of the decision on amendments and/or additions to the annual public procurement plan (preliminary annual public procurement plan).

     As an exception provided for by these legislative norms, information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing official information of limited distribution determined by the Government of the Republic of Kazakhstan is not subject to publication.

     Also, as required by paragraph 4 of Article 5 of the Law of the Republic of Kazakhstan "On Public Procurement", it is not allowed to approve (clarify) the annual public procurement plan in an amount that does not correspond to the budget (development plan) or the individual financing plan in combination with the specifics of the economic classification (expenditure items), which require the conclusion of public procurement contracts.

     Violation by the customer of the above-mentioned legislative requirements and prohibitions forms the final composition of the offense provided for in Part 13 of the commented article.

     For committing an offense under Part 13 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 13 of Article 207 of the Administrative Code is 15 MCI for officials, is fixed and is not subject to change by the body imposing it.  

     Part 14 of the commented article establishes administrative responsibility for late consideration of applications from potential suppliers for participation in a tender (auction), as well as late posting of the preliminary admission protocol and (or) the results protocol.

     The objective side of the offense provided for in Part 14 of the commented article is characterized by the offender committing illegal actions in the form of:

     1) late consideration of applications from potential suppliers for participation in the tender (auction),  

     2) late posting of the preliminary admission protocol and/or the results protocol.

     At the request of clause 3 of Article 27 of the Law of the Republic of Kazakhstan "On Public Procurement", based on the results of consideration of applications for participation in the tender for compliance of potential suppliers with qualification requirements and requirements of the tender documentation, a protocol of preliminary admission to participation in the tender is drawn up, which is signed by the chairman and all members of the tender commission, as well as the secretary of the tender commission on the day of the decision about the preliminary examination of applications for participation in the competition. The decision of the competition commission on the preliminary admission of potential suppliers to participate in the competition is made within ten working days from the date of opening applications for participation in the competition.

     Violation by an obligated person of the specified legislative requirements for the terms of consideration of applications and posting of the protocol of preliminary admission or the protocol of results forms the final composition of the offense provided for in Part 14 of the commented article.

     For committing an offense under Part 14 of Article 207 of the Administrative Code, the offender is punished with a fine.

     The amount of the fine for committing an offense under Part 14 of Article 207 of the Administrative Code is 30 MCI for officials, is fixed and is not subject to change by the body imposing it.  

     Part 15 of the commented article establishes a more severe punishment for repeated commission of any of the actions (inaction) provided for in Parts 1, Part 6 of the commented article within a year after the imposition of an administrative penalty.  

At the same time, the object, the subjective side, and the subjects of the offense provided for in Part 15 of the commented article coincide in their characteristics with the object, the subjective side, and the subjects of any of the offenses provided for in Parts 1 and 6 of Article 207 of the Administrative Code.  

     In the description of the objective side of the offense provided for in Part 15 of Article 207 of the Administrative Code, a sign of repetition is added to the actions provided for in Part 1 or Part 6 of the commented article.  

     An offense is considered to have been committed repeatedly if a person has previously committed any of the actions (omissions) provided for in Part 1 or Part 6 of Article 207 of the Administrative Code, has been subjected to administrative punishment for this, and the one-year period during which the person is considered to have been subjected to administrative punishment has not expired yet.

     The repetition of an offense is an independent qualifying feature, entailing the qualification of an unlawful act as an independent element of an offense under Part 15 of Article 207 of the Administrative Code.  

     Repetition as a qualifying feature is established not only in fact by identifying the number and nature of illegal acts committed by the violator during the year, but also legally by establishing the fact of bringing this person to administrative responsibility for committing actions provided for in Parts 1, Part 6 of Article 207 of the Administrative Code, the existence of an effective resolution of the Ministry of Finance of the Republic of Kazakhstan or a court on the imposition of an administrative penalty under Part 1 or Part 6 of art . 207 of the Administrative Code, the fact of its announcement, delivery or referral to the subject of the offense and the expiration of a one-year period from the date of imposition of the penalty.

     For repeated commission of actions provided for in Part 1 or Part 6 of Article 207 of the Administrative Code within a year after the imposition of the penalty, the offender is punished with a fine.  

     The fine for committing an offense under Part 15 of Article 207 of the Administrative Code is 100 MCI.

     Part 16 of the commented article establishes a more severe penalty for repeated commission of any of the actions (inaction) provided for in Parts 2, Part 10, Part 13 of the commented article within a year after the imposition of an administrative penalty.  

     At the same time, the object, the subjective side, and the subjects of the offense provided for in Part 16 of the commented article coincide in their characteristics with the object, the subjective side, and the subjects of the offense provided for in Part 2, Part 10, or Part 13 of Article 207 of the Administrative Code.  

     In the description of the objective side of the offense provided for in Part 16 of Article 207 of the Administrative Code, a sign of repetition is added to the actions (inaction) provided for in Part 2, Part 10 or Part 13 of the commented article.  

     An offense is considered to have been committed repeatedly if a person has previously committed any of the actions (omissions) provided for in Part 2, Part 10, or Part 13 of Article 207 of the Administrative Code, has been subjected to administrative punishment for this, and the one-year period during which the person is considered to have been subjected to administrative punishment has not expired.

     The repetition of an offense is an independent qualifying feature, entailing the qualification of an unlawful act as an independent element of an offense under Part 16 of Article 207 of the Administrative Code.  

     Repetition as a qualifying feature is established not only in fact by identifying the number and nature of the unlawful acts committed by the violator during the year, but also legally by establishing the fact of bringing this person to administrative responsibility for the commission of actions (retaliation) provided for in Parts 2, Part 10, Part 13 of art. 207 of the Administrative Code, the existence of a decree that has entered into force The Ministry of Finance of the Republic of Kazakhstan or the court on the imposition of an administrative penalty under Part 2, Part 10 or Part 13 of art. 207 of the Administrative Code, the fact of its announcement, delivery or referral to the subject of the offense and the expiration of a one-year period from the date of imposition of the penalty.

     For repeated actions (inaction) provided for in Part 2, Part 10 or Part 13 of Article 207 of the Administrative Code within a year after the imposition of the penalty, the offender is punished with a fine.  

     The fine for committing an offense under Part 16 of Article 207 of the Administrative Code is 60 MCI.

     Part 17 of the commented article establishes a more severe penalty for repeated commission of the act provided for in Part 9 of the commented article within a year after the imposition of an administrative penalty.  

     At the same time, the object, the subjective side and the subjects of the offense provided for in Part 17 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of the offense provided for in Part 9 of Article 207 of the Administrative Code.  

     In the description of the objective side of the offense provided for in Part 17 of Article 207 of the Administrative Code, a sign of repetition is added to the act provided for in Part 9 of the commented article.  

     An offense is considered to have been committed repeatedly if the person has previously committed the act provided for in Part 9 of Article 207 of the Administrative Code, has been subjected to administrative punishment for it, and the one-year period during which the person is considered to have been subjected to administrative punishment has not expired yet.

     The repetition of an offense is an independent qualifying feature, entailing the qualification of an unlawful act as an independent element of an offense under Part 17 of Article 207 of the Administrative Code.  

     Repetition as a qualifying feature is established not only in fact by identifying the number and nature of illegal acts committed by the violator during the year, but also legally by establishing the fact of bringing this person to administrative responsibility for committing the act provided for in Part 9 of Article 207 of the Administrative Code, the existence of an effective resolution of the Ministry of Finance of the Republic of Kazakhstan or the court on the imposition of administrative penalties according to Part 9 of art . 207 of the Administrative Code, the fact of its announcement, delivery or referral to the subject of the offense and the expiration of a one-year period from the date of imposition of the penalty.

     For repeated commission of the act provided for in Part 9 of Article 207 of the Administrative Code within a year after the imposition of the penalty, the offender is punished with a fine.  

     The fine for committing an offense under Part 17 of Article 207 of the Administrative Code is 100 MCI.

     Part 18 of the commented article establishes a more severe penalty for repeated commission of any of the acts provided for in Part 3 or Part 11 of the commented article within a year after the imposition of an administrative penalty.  

     At the same time, the object, the subjective side and the subjects of the offense provided for in Part 18 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of the offense provided for in Part 3 or Part 11 of Article 207 of the Administrative Code.  

     In the description of the objective side of the offense provided for in Part 18 of Article 207 of the Administrative Code, a sign of repetition is added to the acts provided for in Part 3 or Part 11 of the commented article.  

     An offense is considered to have been committed repeatedly if a person has previously committed any of the acts provided for in Part 3 or Part 11 of Article 207 of the Administrative Code, has been subjected to administrative punishment for it, and the one-year period during which the person is considered to have been subjected to administrative punishment has not expired yet.

     The repetition of an offense is an independent qualifying feature, entailing the qualification of an unlawful act as an independent element of an offense under Part 18 of Article 207 of the Administrative Code.  

     Repetition as a qualifying feature is established not only in fact by identifying the number and nature of illegal acts committed by the violator during the year, but also legally by establishing the fact of bringing this person to administrative responsibility for the commission of acts provided for in Part 3 or Part 11 of Article 207 of the Administrative Code, the existence of an effective resolution of the Ministry of Finance of the Republic of Kazakhstan or a court on the imposition of an administrative penalty under Part 3 or Part 11 of art . 207 of the Administrative Code, the fact of its announcement, delivery or referral to the subject of the offense and the expiration of a one-year period from the date of imposition of the penalty.

     For repeated commission of acts provided for in Part 3 or Part 11 of Article 207 of the Administrative Code within a year after the imposition of the penalty, the offender is punished with a fine.  

     The fine for committing an offense under Part 18 of Article 207 of the Administrative Code is 200 MCI.

Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:

     Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);

     Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;

     Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);  

     Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);

     Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;

     Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;

     Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;

     Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);

     Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);  

     Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;

     Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;

Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);

     Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;

     Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;  

     Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);  

     Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;

     Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.  

     Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).

Date of amendment of the act:  01.01.2020 Date of adoption of the act:  01.01.2020 Place of acceptance:  100050000000 Authority that adopted the act: 103001000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  5 Status of the act:  new Sphere of legal relations:  029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act:  COMM / CODE Legal force:  1900 Language of the Act:  rus  

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