The law prohibiting officials, deputies and their families, which have their registered companies, to participate in public tenders, was put into force about a month ago in Kyrgyzstan. Despite the ban and established administrative responsibility, names of firms and well-known surnames of high-ranking persons continue to appear in the lists of winners and contractors.
While developing the bill, deputies explained that in developed countries - Singapore, Japan, the United States - companies, which are owned by high-ranking officials or their close relatives are prohibited to participate in public tenders. Kyrgyzstan is still far to advanced level, but our authorities imitate flurry activity and "fight" against corruption authorities actively portrayed.
Under the new law, the procuring entity should verify who is a founder of company party, and if it is an official or his relative, on this basis it is possible to reject the application. It should be noted that persons on the highest political posts are prohibited to participate in tenders. These include the president, parliament members, government officials, judges of the Supreme Court and the Constitutional Chamber, Chairman and auditors of the Accounting Chamber, prosecutors and other law enforcement employees, as well as their relatives.
The Head of the Methodology and Analysis of State Procurement Department under the Ministry of Finance Akzhigit uluu Melis told 24.kg news agency, that they receive only the results of tenders, and they can't monitor who participated there or cancel the results. "According to the law, we must reject bids of officials' companies, since they are affiliated. But only procuring entities, which are more than 3,000 at present, can reveal them. At the moment we send them letters with details of how to proceed. The charter of company states a founder. Also this information can be requested from the Ministry of Justice. Procuring entity shall exclude namesakes or to identify company with a high-ranking official on the level of conversation. It is very difficult to prove, since there is no clear mechanism and hundreds of detours," he explained.
In fact, even law enforcement bodies can't do it. It's no secret that white-collars draw up firm on other names, relatives or trustees. And often they refuse from wealthy children, explaining the fact that they are adults and have reached a stunning success. The example is not far to seek. Sons of the President Almazbek Atambayev - Seidbek and Seitek - head mediating power company "Avtomash-energo". However, the procedures for obtaining a license for the resale of electricity in the Department of Fuel and Energy Complex Regulation under Ministry of Energy and Industry are so complex that there is acute need for lobby. Simple citizen is unlikely to join the ranks of intermediaries, of course, if not large kickbacks or relatives in power.
By the way, I note that the portal of public procurement recognized the winner on supply of tractor with loading equipment for 1,249,500 soms - LLC "Avtomash-radiator", which is headed by Vladimir Konin and the founder - JSC "Kyrgyzavtomash" - Yuri Vasiliyev. The latter also is the founder of "Avtomash-energo". Remarkably, according to the Ministry of Justice, Almazbek Atambayev is still the Head of the Association of Legal Entities "Kyrgyzavtomash" Corporation". It includes LLC "Avtomash-ecol", "Avtomash-radiator", "Avtomash-energo", OJSC "Kyrgyzavtomash". Sons of the President are the founders of LLC "Avtomash-ecol".
Everyone is aware of involvement of the First Deputy Prime Minister Tayirbek Sarpashev in numerous "Gradient" firms, owing to which he almost lost his portfolio. But even now he isn't afraid of the impending threat. On the same day the President signed a law, banning the officials to participate in tenders, the company of Sarpashev won a tender to supply petroleum products to the Mayor's Office of Bishkek. In this case, as before, the supplier's price several times higher than planned. Municipality allocated for the purchase of 83,000 soms, but "Gradient" will deliver fuel and oil at 1,683,175 soms.
The company of the Energy and Industry Minister Osmonbek Artykbaev actively participates in public procurement. Results of the last tender, where LLC "Neman-Pharm" won and summed up on June 6, despite the fact that the ban is valid since late May. It isn't clear what the administration of the Republican Clinical Hospital for Infectious Diseases was thinking about while accepting documents, which was certainly aware of the owner of "Neman-Pharm".
It pretends that does not know whom it is dealing with, and violates the law of Zhaiyl Neuropsychiatric Orphanage, purchasing medicines from Artykbaev's company since May 17. The list of supplied medical drugs includes 61 names, which "Neman-Pharm" offers at a higher price than the orphanage is ready to buy. For example, for the purchase of 50 packs of haloperidol the procuring entity pledged 4,000 soms, but bought for 4,180, set by supplier. Or, 4,040 soms were allocated for 20 packages of mydocalm, but "Neman-Pharm" didn't agree for less than 4,484 soms. The orphanage laid 6,060 soms for 30 packs of palin, but bought for 7,182 soms. And such differences in prices are not uncommon.
It should be noted that the deputies, who took the law, also ignore the ban. Subcontract on general construction works on the basis of the pioneering construction Upper Naryn HPP cascade was concluded with LLC "Stroi NEXT", founded by Andrey Kislenko and Dzhamila Kulova - a daughter of Ar-Namys parliamentary faction leader.
While nobody is willing to carry out verification of compliance with requirements of the law. Its adoption looks like another document as a pure formality in order not to be worse than others. However, the law clearly defines the responsibilities of violators. The Code of Administrative Liability made significant additions. Participation of suppliers, founders or participants, individuals, who occupy the highest political positions, their relatives in tenders, held by republican and local budget, state or municipal enterprises, is punishable by an administrative fine on legal entities in the amount of 1,000 calculated indices, or 100,000 soms. But will the law enforcement agencies be able to identify offenders? After all, they do not even mechanism of their work. Both officials and deputies, apparently, have neither conscience, nor morals, they just continue to line the pockets on the impoverished state.