The bill provides for the single organizer of public procurement and change over to an electronic format. The bill also introduces other amendments aimed at ensuring transparency and reduction in administrative burden on business.

Source:ИА ZAKON.KZ

In Ak ZholАк one called the bill “On Introduction of amendments to certain legislative acts on public procurement issues as modern and relevant issue. However, in their opinion the bill provides for a number of new introductions, which exclude supporting of Kazakh content . The basis for these amendments is an Agreement on public procurement between the Government of Belarus, Kazakhstan, and Russia concluded under the creation of CES, as the press service of Akzhol informs.

The deputies of AkZhol would like to notice the following:

According to the State Programme on the forced industrial-innovation development for 2010-2014 approved by the order of the President of the  Government dated 19 March 2010 # 958, one of the priority is increase in the share of Kazakh (local)  content when performing public procurement upto 87 percents.

Article 22 of the RoK Law “On Administrative procedures” has established the restriction to take decisions allowing unreasonable reduction in the share of the Kazakh goods producers in the economy of the country.

The RoK Law “On national safety” (art. 22) states that the economy safety is ensured by the decisions of the government bodies and officials oriented at increasing in the share of the production of domestic goods and services in the economy of the country. 

Therefore, adoption of the bill in the wording proposed will entail failure to implement the State Programme and will contradict the current legislation.

The clarification note and other documents enclosed to the bill does not include information on the similar domestic procedures on implementation of the Treaty and bringing it into compliance with the provisions of current laws in the Russian federation and Republic of Belarus.   

Belarus has adopted the new law “On public procurement” providing for norms on support of domestic suppliers   (Contractors).

In Russia, at the federal level, the law “On placement of orders for goods supply, works performance, services provision for the state municipal needs”, according to which goods, works and services made and provided by Russia have a priority compared to the foreign. Besides, the government of Russian Federation may establish restriction and limits of the access    of goods, works, services having foreign producer, provider for the needs of protection and safety of the Government.

It should be noted that this right is actively applied by the Russia blocking access for Kazakhstani goods and this is repeatedly reported by the domestic businessmen.

The similar measures are taken even under WTO: according to the law PRC (China is a member of WTO) many foreign firms cannot obtain an access to

China procurement market because their goods, even if they are made or assembled in China, are not considered to be domestic goods. (national)

“Even in such high – integrated structure as EuroUnion,  the number of countries keeps advantages  for local producers, manufacturers at the level of not less than 5-10% of total volume of public procurement”, members of the party noted.

Considering growing trends on the reduction of the Kazakhstani export on the back of significant growth of import in the mutual trade with the CU member states, even in these conditions, these risks of the national business are very reasonable. AkZhol faction asks not to forget about the national interests.

Source: ИА ZAKON.KZ