Complaint about non-fulfillment or improper performance of official duties
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Prosecutor General of the Republic of Kazakhstan Nurdauletov Gizat Daurenbekovich
from: Limited Liability Companies "................" BIN .............. +7 724 ………
mailto:too_orion_ltd@mail.ru
Representative by proxy:
Limited Liability Partnership "Law and Law Law Company"
BIN 190240029071 Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755 Ext.no.: 2601/20 dated 26.01.2020
Dear Gizat Daurenbekovich! In the period from June 04 to July 09, 2019, the State Institution "Public Procurement Department of the Almaty Region" conducted a public procurement through an open tender according to announcement No. 3386266-1 "Construction and installation work on the facility "Construction of a sports and recreation complex in Balpyk bi village, Koksu district of the Almaty region" (hereinafter referred to as the competition). According to the results of public procurement, the winner of the competition was determined by JV NEFT LLP. Whereas, in reality, TOO "..........." It must be determined by the winner. During the tender process, it was established on our part that the potential supplier of JV NEFT LLP provided false information on work experience in its tender application, intentionally distorting the names of previously performed works in order to obtain a conditional discount.
Complaint about non-fulfillment or improper performance of official duties
Despite the obvious and gross violations of the rules of participation in public procurement by JV NEFT LLP, the tender commission, instead of rejecting the bid of this participant, identified him as the winner. We have identified the fact of incorrect calculation by the competition commission of conditional discounts for work experience. Having disagreed with the protocol of the results of the competition, we filed a complaint with the Department with the attachment of all supporting documents for providing false information, in the hope that they would conduct desk control and identify violations by the Public Procurement Department. On August 01, 2019, we received a response from the Department, in which we received neither an objective nor a clear answer to our questions, nor a reliable and transparent audit result.
In accordance with Article 6 of the Law of the Republic of Kazakhstan dated November 12, 2015 No. 392-V "On State Audit and Financial Control", the basic principles of state audit and financial control are: independence; objectivity; professional competence; reliability – confirmation of the results of state audit by audit evidence; transparency – clarity of presentation of the results of state audit and financial control. Since the results of the Department's desk check were not presented to us, we believe that desk check on the merits of our complaint was not conducted. In the complaint dated July 22, 2019, the facts of gross violation of the norms of legislation on public procurement by the Public Procurement Administration were indicated. However, the Department turned a blind eye to gross violations of the law, moreover, our arguments set out in the complaint were not considered on their merits, they were not evaluated accordingly and they were neither refuted nor confirmed. In accordance with paragraph 1 of Article 10 of the Law of the Republic of Kazakhstan dated January 12, 2007 No. 221 "On the procedure for considering Appeals from Individuals and Legal Entities", responses to appeals must be substantiated and motivated in content with reference to the legislation of the Republic of Kazakhstan, contain specific facts refuting or confirming the applicant's arguments.
Complaint about non-fulfillment or improper performance of official duties
Since this response was absurd, on August 15, 2019, we filed a complaint with the Internal State Audit Committee of the Ministry of Finance of the Republic of Kazakhstan. However, to this day, even six months after the complaint was filed, we have not received a response from the Committee. According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan. According to art . 8 "Deadlines for consideration of appeals", the Law On the Procedure for Consideration of Appeals from Individuals and Legal Entities, where in this case all legally established and reasonable deadlines have passed. Due to the violation of the above-mentioned article in the Code of the Republic of Kazakhstan on Administrative Offenses, art. 100, entails a fine for officials in the amount of ten monthly calculation indices, as well as according to the Law of the Republic of Kazakhstan "On the Civil Service of the Republic of Kazakhstan" art. 43, "Responsibility of civil servants", For non-fulfillment or improper performance of their official duties, civil servants bear civil, disciplinary, administrative, and criminal liability in accordance with the laws of the Republic of Kazakhstan. As the person exercising supreme supervision over the accurate and uniform application of laws and decrees of the President of the Republic of Kazakhstan, to assist in establishing justice on this issue. Based on the above and guided by Article 8 of the Law on the Procedure for Considering Appeals from Individuals and Legal Entities,
Complaint about non-fulfillment or improper performance of official duties
I ask you to:
100 of the Administrative Code of the Republic of Kazakhstan to bring to administrative responsibility the branch employees of the Department and the Internal State Audit Committee;
Failure to perform or improper performance of their official duties to bring responsible employees to disciplinary responsibility;
Respond to the application within the time limits established by law and provide an order on bringing responsible employees to disciplinary responsibility and or a corresponding document on bringing them to administrative responsibility;
To oblige the Department and the Internal State Audit Committee to conduct desk control in order to identify violations committed by the Public Procurement Department;
In the event that the Prosecutor's Office does not act against the employees, we will be forced to bring all responsible persons to civil liability in accordance with the laws of the Republic of Kazakhstan.
Sincerely, General Director of Law Company Law and Law LLP" ___________/ Sarzhanov G.T. "__"________2020 the year
According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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