| 51 |
Is the public procurement process effective? |
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51a:
In law, there are regulations addressing conflicts of interest for public procurement officials.
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| Score: |
YES |
NO |
 |
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Comments:
References: Law of the Republic of Kazakhstan on government purchases (with additions of July 5, .2008), Article 6
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51b:
In law, there is mandatory professional training for public procurement officials.
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| Score: |
YES |
NO |
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Comments:
References: The Civil Code of the Republic of Kazakhstan (the Special Part) (as of June 19, 2007) has no articles mandating professional training for public procurement officials.
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51c:
In practice, the conflicts of interest regulations for public procurement officials are enforced.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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51d:
In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials.
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| Score: |
YES |
NO |
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Comments:
References: Law of the Republic of Kazakhstan on government purchases (with additions of July 5, 2008), Article 15
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51e:
In law, major procurements require competitive bidding.
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| Score: |
YES |
NO |
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Comments:
References: The Civil Code of the Republic of Kazakhstan (the Special Part) (as of June 19, 2007), Article 910
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51f:
In law, strict formal requirements limit the extent of sole sourcing.
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| Score: |
YES |
NO |
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Comments:
References: Law of the Republic of Kazakhstan on government purchases (with additions of July 5, 2008), Article 12
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51g:
In law, unsuccessful bidders can instigate an official review of procurement decisions.
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| Score: |
YES |
NO |
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Comments:
References: Law of the Republic of Kazakhstan on government purchases (with additions of July 5, 2008), Article 45
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51h:
In law, unsuccessful bidders can challenge procurement decisions in a court of law.
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| Score: |
YES |
NO |
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Comments:
References: Law of the Republic of Kazakhstan on mortgage of real estate, Dec. 23, 1995, #2723 (with changes and additions of July 26, 2007), Article 33
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51i:
In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.
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| Score: |
YES |
NO |
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Comments: Malicious violation of the established procedure for conducting public tenders and auctions that cause considerable damage to a given proprietor; organizer of tenders or auctions; buyer; or other economic entity shall be punished by a fine between 500 and 2000 monthly assessment indices or by restriction of freedom for up to three years.
References: Criminal Code of the Republic of Kazakhstan (with changes and additions of July 21, 2007), Article 197
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51j:
In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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| 52 |
Can citizens access the public procurement process? |
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52a:
In law, citizens can access public procurement regulations.
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| Score: |
YES |
NO |
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Comments: The data contained in registers about state purchases are placed on a public website and should be accessible to interested persons without a payment, except for data that are state secrets or are otherwise protected by law.
References: Law of the Republic of Kazakhstan on government purchases (with additions of July 5, 2008), Article 11
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52b:
In law, the government is required to publicly announce the results of procurement decisions.
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| Score: |
YES |
NO |
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Comments:
References: Law of the Republic of Kazakhstan on government purchases (with additions of July 5, 2008), Article 18
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52c:
In practice, citizens can access public procurement regulations within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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52d:
In practice, citizens can access public procurement regulations at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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52e:
In practice, major public procurements are effectively advertised.
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| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
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Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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52f:
In practice, citizens can access the results of major public procurement bids.
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| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
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Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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