Collisions in the legislation led to the monopolization
State Organization seized the entire market of rescue and salvage operations
Today, under the chairmanship of Kairbek Suleimenov was held a meeting of the Council on combating corruption and the shadow economy of the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken".
The meeting addressed the issue concerning the limitation of entrepreneurial activity in the field of rescue and salvage operations. According to the appeals of businessmen, the created last year professional militarized emergency rescue service of the Committee of Industrial Development and Industrial Safety of MID RK, using the legal status of a state enterprise, tries to dominate at the market.
"RSE on the right of economic management "professional militarized rescue service" literally captured the entire market, having concluded more than 400 contracts for the rescue operation. When subsoil users find more acceptable conditions of contracts during the competitions and tenders, the RSE uses the administrative resource. The Committee of industrial development and industrial safety with its control and supervisory functions is involved right away, criminal and civil cases are initiated as a result of it", - said the deputy of the Mazhilis of the Parliament Pavel Kazantsev, speaking at the meeting.
According to him, this situation has developed because of the fact that the legislation governing the rescue works is inconsistent. "If you look at the law "on civil protection", its core provisions give a right to business structures to participate in this segment. The law provides that such organizations can be created, and the state represented by the Committee of Emergency Situations examines their suitability and inspects their qualification. However, even confirmation of their professional competence by the state does not allow them to participate in this market", - he said.
"Industrial Safety Committee believes that questions of emergency services - it is a questions of state bodies or specialized agencies under state organizations. That is, security activity, fire safety activity can be entrusted to private structures, and emergency rescue - no. We need a "professional, paramilitary" structure. What does this mean? It is a mystery. There is a concept "military organization", but there is no such concept in the law as "paramilitary". This became a stumbling block", - said the president of the Association of fire and rescue services Nazymbek Akimbekov.
He asked the Council to focus mainly on two issues: first, on the fact that the world today, whether intentionally or not, creates obstacles to private emergency rescue; Secondly, such a situation arises because of collisions in the law, in particular, due to the concept of "militarized".
Chairman of the Committee of Industrial Development and Industrial Safety Amaniyaz Erzhanov, in turn, noted that MID has been working on transformation of the ministry and its subordinate units. Also, according to him, they consider the issue of transfer of RSE in the competitive environment. In addition, they elaborate on improvement of the rescue legislation. "Today we have prepared one of the draft government's resolutions on the transfer of RSE in a competitive environment. Other amendments to the legislation are in progress ", - he said.
Regarding the reasons for the limitation of business activities in the field of rescue Erzhanov said that private organizations that provide services on the basis of certificates issued by the Committee of Emergency Situations of MIA RK, are unable to serve the hazardous production facilities, as they have a minimum number of lifeguards and in case of an accident can’t eliminate it.
However, the official assured that all legislative conflicts are corrected. "The dispute, which now exists between public authorities and entrepreneurs, I think, will be solved", - he said.
At the end of the meeting of the Council, it was decided to forward the recommendations to the concerned state authorities to change the legislation in the provision of individuals and legal entities with the right to form professional rescue services and units.
"The presence of fundamental contradictions between the parties gives grounds to think seriously about this question. Everything rests, of course, in a partial change of the law. There is a draft decision. At the same time I want to emphasize that we should exclude certain categorical judgments, since a number of reasons, which quoted MID, deserve attention. However, we have seen once again that the elements of the arm-twisting and tyranny have taken place. Therefore, you report to the minister, this problem should be solved. I know that he keeps this issue under control, and outlined a number of measures. We need to add structural elements in our decision and to introduce changes in the legislation. If violations of the rights of entrepreneurs once again confirmed, we will look for other solutions", - concluded the Chairman of the Board Kairbek Suleimenov.
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