Aigul Solovyova, "national holdings are estranged from tracking procurements"

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Experts point out the ineffective work of internal audit services in the quasi-public sector

Members of the expert group, commissioned by the National Chamber of Entrepreneurs "Atameken", studied the procurements in national companies and holdings and identified numerous problems.

A member of the Council Aigul Solovyova presented the facts and conclusions of the experts during the meeting of the Council on anti-corruption and combating the shadow economy under NCE RK "Atameken". She noted that all the problems were considered in the light of complaints of businessmen, which were submitted to "Atameken", and we are talking about the companies, participating in the procurement conducted by national companies and national holdings. Despite the existence of the documents, which specify the rules for procurement and the creation of a special unit of the Fund "Samruk-Kazyna" - LLP "Samruk-Kazyna Contract", there are still questions. "The expert panel concluded that the Fund actually curtailed the reform on reduction of corruption. The reason for this is poor implementation of international best practices, reflected in the "Plan of the nation - 100 concrete steps" on creation of a new legal framework for creation of the state procurement system", - said Aigul Solovyova.

As an example, she named JSC "NMH" Baiterek "," KazEksportGrant "," JSC "Kazakhstani Mortgage Guarantee Fund", which, according to the experts, "operate only on the basis of the Procurement Rules, based on the Model Regulations, without regulating the organization of open procedures and consideration of complaints by the commission".

According to experts, there is a similar system in the subsidiaries of "KazAgro". "For example, the holding company forms a list of unreliable suppliers, approved by the Board. Meanwhile, there are no transparent rules on the procedure of preparation, management of the black list, which could be available to the public, but an excluded entrepreneur is not allowed to participate in the procurement for over two years ", - continued A. Solovyova. In this regard, the experts have questions: why is the form of e-procurement not applied by the holding and why are the tender procedures closed?

"The system of quasi-public sector of procurement practically lacks the mechanisms to monitor the subsidiaries and dependent companies. Domestic holdings have stepped back from the track of procurement procedures, which creates conditions for corruption", - said Aigul Solovyova. The expert pointed out that the inefficient work of the internal audit services, results in significant operational risks, and maybe, therefore, no facts of violations of law were reported to law enforcement bodies. In support of this, an expert group quoted the data of the National Anti-Corruption Bureau on the facts of embezzlement of funds, directly related to the procurement.

Another problem noted by experts is the lack of control for possibilities of crime not only by structures of quasi-sector, but their suppliers.

"According to the Prosecutor General, in 2015 and the first quarter of 2016 due to violations in this sector were initiated 119 pre-trial investigations. The major proportion of misappropriation or embezzlement of entrusted property and fraud ", - said A. Solovyova.

Next problem - local acts regulating the procedure of procurement and affecting the rights of entrepreneurs, are left without measures, aimed at identifying corruption-factors prior to their publication.

Thus, the expert group drew attention to subparagraph 2 of Article 96 of the Rules of procurement of goods, works and services of JSC “Samruk-Kazyna” during the tender with the use of two-stage mechanism, which entitles the Commission to introduce amendments to the approved tender documents of the 1^st phase during the second phase. "And there was a similar provision in paragraph 94 of the previous rules, therefore, it is easy to guess, of what constitutes a commitment to the "muddy" tradition, which provides the ability to select the "right" supplier", - stated Aigul Solovyova.

According to experts, the existing procedure for procurement makes it impossible to prosecute the guilty officials, which is contrary to the principle of inevitability of punishment. To remedy the situation, the experts suggested to make "the transition from the corporate responsibility that is not taken root in our quasi-public sector, to the liability established by the law". Experts are convinced that this will reduce the violations and ensure reduction of the shadow economy and corruption.

Zhanar Serdalina