Saktaganova I.S., Êunanbaeva A.J., Kuanyshev A.S.
Problems of legal regulation of relations connected
with state procurement and electronic procurement in the Republic of Kazakhstan
An effective system
of state procurement enhances the state's ability to regulate business,
creating such forms of the impact of the system of state orders on the economy,
which provide a stimulating and synergistic effect of economic development.
This is an effective way for the state to choose the most acceptable method of
satisfying state needs, and for the supplier to receive an order and a chance
to recommend oneself with the best hand.
To this end,
state-sponsored competition in the field of public procurement is guided by the
following development factors:
- equality of opportunities
in obtaining state orders and avoiding equalization, which ultimately generates
a spirit of dependency),
- growth of state
importance of private business and private property;
- a harmonious
combination of the norms of private property with the ideas of collectivism
realized by the state in solving problems of social and economic development.
[1]
The system of state
procurement in accordance with the Law of the
This law regulates
the relations arising in the process of implementation by state bodies, state
institutions, state enterprises, as well as joint-stock companies, controlling
interest of which belongs to the state and affiliated with them legal entities
for the procurement of goods, works and services from suppliers in order to
effectively use the available Their disposal of funds.
Public procurement
in the
The competition can
be held using two-stage procedures. Already the last two years in
The web portal of
public procurement provides multi-vector functionality such as registration and
planning of public procurement, collection of information on conducted and
electronic public procurement, including the exchange of electronic documents
between the customer and the potential supplier, and the formation of
statistics and reporting on public procurement and Publication of explanations
and normative-reference information in the field of public procurement.
All of the above
should serve to reduce budget expenditures, create equal conditions for
competition among service providers, significantly reduce the paperwork,
increase transparency and openness of the public procurement process, and
create equal competition conditions among suppliers of products.
Since the beginning
of this year, thanks to the electronic system of public procurement, the state
has saved more than 14 billion budget funds. In general, for three and a half
years of operation of the electronic platform, savings amounted to 52 billion.
In general, the savings in the procurement process by the method of requesting
price proposals range from 22% to 25%. For comparison, in the
However, along with
the advantages offered by the electronic form of public procurement, there are
some flaws in this area.
Despite the fact
that public procurement is strictly regulated by the state law [1], in the
process of implementation of PP there are many risks that can have negative consequences.
These risks include, in general, large volumes of public procurement and not
always a transparent procedure for selecting a supplier. The danger of
occurrence and realization of these risks is traced at each stage of public
procurement - from the development of documentation and ending with the
acceptance of the fulfilled contract conditions - performance of works,
provision of services, delivery of goods.
In addition, the
accelerated placement of orders for the supply of goods, works and services for
the state needs led to a number of negative consequences: the growth of
corruption potential in the system of placing orders; The depressed state of
the competitive environment; Incomplete use of reserves to improve the quality
of goods and services supplied, etc.
Another example of
objective contradictions between the conditions for the effectiveness of
different methods of procurement are the contradictions between such factors
that determine when placing the contract, such as price and quality. When it
comes to goods, works and services, the quality of which can be determined
during the acceptance process, this dilemma is resolved by standardizing
quality requirements and selecting prices among proposals that meet these
requirements. In cases where price is the determining factor, a purchase
involving the maximum number of potential suppliers is the most preferred way
to select bids.
At the same time,
an analysis of international experience in the procurement of goods, works and
services for public needs suggests a number of improvements for the procurement
mechanisms used in
Let us dwell on the
problems in the open procurement system.
The problems in
open procurement are limited by the following circumstances:
A) establishment by
the customer of unreasonable requirements to potential suppliers (to the
subject of procurement and delivery conditions limiting the range of potential
suppliers);
B) the artificial
formation of requirements for specific goods, work, services, or for a specific
potential supplier;
B) inclusion in the
composition of lots of products (goods, works, services), technologically and
(or) functionally not related to the subject of bidding;
D) the creation of
administrative and (or) organizational barriers that prevent participants in
the placement of orders in a timely manner to submit applications for
participation in the auction;
E) coordination by
the customer of actions of potential suppliers;
F) unreasonable
rejection of applications of other participants in the placement of orders, etc.
[5].
In general, it
should be noted that the problem of increasing the efficiency of public
procurement affects the entire chain of business processes of procurement
activities, including the stages of justifying the nomenclature, volumes, the
initial price, selection and implementation of the scheme for placing,
supplying, operating and utilizing the purchased products. Obviously, each of
the above stages makes an uneven contribution to the overall economic
efficiency of procurement activities. [2] The tasks, functions and structure of
a government organization can have a significant impact on the organization of
procurement. The state organizations that have a decentralized and ramified
structure obviously need procurement needs to be different. In this case, it is
necessary to organize the procurement process in such a way as to give each
regional branch the opportunity to meet its needs in a timely and effective
manner, while at the same time complying with the mandatory requirements of the
law.
The foregoing
presupposes the need for further improvements in the field of electronic
procurement, simplification of procedures and the creation of a coherent,
understandable and accessible system for the supply of goods and services.
List of used sources:
1. Azhibaeva A.A, Candidate of Economic Sciences, Associate Professor
of KNU. System of public procurement in the
2. Mukhtar E.S, doctoral student of the specialty
"Logistics". Problems and ways of their solution in the system of
public purchases of the
3. The
4. Official web
portal of public procurement of the Republic of
5. Zhanuzakov N.T. Increase of transparency of the public
procurement system of the