Problems of execution of supply contracts in the framework of public procurement in the Republic of Kazakhstan

The article provides a detailed analysis of the problems of execution of supply contracts in the framework of public procurement in the Republic of Kazakhstan. The main obstacles affecting the implementation of contractual obligations are considered, including late delivery of goods, non-compliance of their quality with established requirements, as well as the risks of abuse by customers associated with the possibility of unilateral termination of the contract for a number of reasons. The author emphasizes the imperfection of the current legislation, the insufficiency of control mechanisms and the presence of corruption risks associated primarily with the possibility of direct interaction between the customer and one of the potential suppliers, and providing them with an illegal subjective advantage. The article analyzes practical examples and court decisions illustrating emerging legal conflicts. Special attention is paid to the consequences of these problems for the functioning of government agencies and the effectiveness of budget spending. In conclusion, possible ways are proposed to improve the public procurement system aimed at ensuring transparency, competitiveness and efficient use of budget funds, including the introduction of digital technologies, strengthening control over the fulfillment of obligations and improving pre-trial dispute resolution mechanisms. The results of the study can be useful for legislative bodies, government customers, suppliers and specialists in the field of public procurement. Keywords: public procurement, supply contract, fulfillment of obligations, control, unscrupulous suppliers.

Authors

Publication Details

Journal
Bulletin of Toraigyrov University Law series
Published
2025-06-30
DOI
https://doi.org/10.48081/pkon3948
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Problems of execution of supply contracts in the framework of public procurement in the Republic of Kazakhstan

Rysty Sartova, Н. М. Мусабекова, B. Gabdrakhimov
Bulletin of Toraigyrov University Law series
Legal and Policy Issues
article

Problems of execution of supply contracts in the framework of public procurement in the Republic of Kazakhstan

Rysty Sartova, Н. М. Мусабекова, B. Gabdrakhimov
article en

Abstract

The article provides a detailed analysis of the problems of execution of supply contracts in the framework of public procurement in the Republic of Kazakhstan. The main obstacles affecting the implementation of contractual obligations are considered, including late delivery of goods, non-compliance of their quality with established requirements, as well as the risks of abuse by customers associated with the possibility of unilateral termination of the contract for a number of reasons. The author emphasizes the imperfection of the current legislation, the insufficiency of control mechanisms and the presence of corruption risks associated primarily with the possibility of direct interaction between the customer and one of the potential suppliers, and providing them with an illegal subjective advantage. The article analyzes practical examples and court decisions illustrating emerging legal conflicts. Special attention is paid to the consequences of these problems for the functioning of government agencies and the effectiveness of budget spending. In conclusion, possible ways are proposed to improve the public procurement system aimed at ensuring transparency, competitiveness and efficient use of budget funds, including the introduction of digital technologies, strengthening control over the fulfillment of obligations and improving pre-trial dispute resolution mechanisms. The results of the study can be useful for legislative bodies, government customers, suppliers and specialists in the field of public procurement. Keywords: public procurement, supply contract, fulfillment of obligations, control, unscrupulous suppliers.

Bulletin of Toraigyrov University Law series(2, 2025)
Peace, Justice and strong institutions
Openalex Percentile: Top 70%
Legal and Policy Issues
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