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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2021 No. 1252

About approval of Rules of the monitoring procedure performed by centralized service on control of purchases, except for centralized service on control of purchases of National welfare fund"

(as amended on 27-03-2023)

According to the subitem 7) article 13 of the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector" PRIKAZYVAYU:

1. Approve the enclosed Rules of the monitoring procedure performed by centralized service on control of purchases, except for centralized service on control of purchases of National welfare fund.

2. To provide to department of the legislation of public procurements and purchases of the quasi-public sector of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. This order becomes effective since January 1, 2022 and is subject to official publication.

Minister of Finance of the Republic of Kazakhstan

E.Zhamaubayev

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of November 30, 2021 No. 1252

Rules of the monitoring procedure performed by centralized service on control of purchases, except for centralized service on control of purchases of National welfare fund

Chapter 1. General provisions

1. These rules of the monitoring procedure performed by centralized service on control of purchases, except for centralized service on control of purchases of National welfare fund (further – Rules) are developed according to the subitem 7) of article 13 of the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector" (further – the Law) and determine procedure for the monitoring procedure performed by centralized service on control of purchases, except for centralized service on control of purchases of National welfare fund.

2. In Rules the following basic concepts are used:

1) control – the control form performed by centralized service on control of purchases without visit of object of control on the basis of the analysis and comparison of these information systems, and also other data on activities of objects of control;

2) control risk profile (further – risk profile) – the set of conditions of the choice of data determined by the analysis of data on activities of objects of control and developed for the purpose of identification of certain violations;

3) centralized service on control of purchases – service of national managing holding, national holding, the national company, except for the national company which shareholder is the national managing holding or national holding, and also service of social business corporation (further – Service);

4) the web portal of purchases (further – the web portal) – the information system providing carrying out purchases in electronic format according to the Law and rules of implementation of purchases by the certain subjects of the quasi-public sector, except for National welfare fund and the organizations of National welfare fund approved according to the subitem 15) of article 2 of the Law;

5) Objects of control are:

customer, organizer of purchases, tender commission (auction commission), commission of experts on purchases, purchases expert;

the potential supplier, the supplier, and also persons involved by them as subcontractors on performance of works or collaborators on rendering services within subject of the carried-out purchases;

operator of information system of electronic procurement;

6) risk management system – the system of administration providing forming of the list of objects of control for the corresponding year and monitoring procedure, other activities of object of control, which is based on the principles of optionality, optimal resource allocation on the most priority directions of control, including the comprehensive analysis of set of the available risks, their identification and assessment, development and taking measures of reaction, monitoring of efficiency of results of the taken measures;

7) risk – probability of non-compliance with legislations of the Republic of Kazakhstan, adverse effect of event or action on object and subject of control which can lead to financial violations, plunders (waste) of means and drawing economic damage to the state, legal entities, and also probability of not achievement or non-execution in full of the target indicators and indicators provided in program documents and strategic plans of legal entities;

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