Analytical certificate based on the results of the internal analysis of corruption risks of the state institution" Makat District Construction Department"
State institution "Makat District Construction Department"
State institution" Makat District Construction Department", Atyrau region, Makat district, Makat village, S. Mukashev Street, building 3A.
Tel.: 8/71239/ 3-10-83.
Information on conducting an internal analysis of corruption risks.
Internal analysis of corruption risks was carried out in the following areas:
1) identification of corruption risks in regulatory legal acts and legal acts affecting the activities of the Department;
2) identification of corruption risks in the organizational and managerial activities of the Department.
The staff of the Makat district construction department is 6 (1 Head, 2 Chief specialists, 1 Lawyer, 1 accountant, 1 driver) People.
Since September 10, 2021, Sarsen Bolatbek Amandykovich has been appointed head of the district construction department.
There was no conflict of interest.
The Makat district construction department carries out its activities in accordance with the "regulations on the Makat District Construction Department" approved by the resolution of the Makat district akimat dated March 05, 2020 No. 41. In the course of internal analysis of corruption crimes in the regulatory legal acts affecting the activities of the Department, discretionary powers and norms that contribute to the commission of corruption offenses were not identified.
The current regulatory legal acts relating to the activities of the department are applied in the course of their activities.
Main tasks of the district construction department:
1) monitoring the needs and volumes of work on construction works financed from the budget, carried out on the territory of the district, the quality of work;
2) determines the needs and volumes of work on construction works, the needs of year-round and future construction works of industrial and residential facilities;
3) checks the correctness and reliability of design and estimate documentation of enterprises and institutions, construction works of relevant buildings and devices in the area;
4) execution of technical execution documentation for completed construction and repair of objects, as well as acceptance of objects for Operation.
On June 18, 2019, a contract No. 21 was concluded for the construction object of a 3-row 60-apartment residential building (dak2) in the village of Makat district, Makat district, the notification of the start of construction and installation work was received on 05.07.2019, and on December 31, 2020, the contractor was supposed to complete this work. Due to the non-allocation of funds from the budget for the completion of housing construction in 2020, the customer did not conclude a contract for 2021. In this regard, on February 18, 2021, the contractor DANSTROYBAZALTD LLP sent a statement of claim to the Atyrau regional inter-district Economic Court "on the obligation to conclude an additional agreement and recover the amount", and on April 26, 2021, a court decision was made to dismiss the claim No. 2301-20-002/284.
Due to the non-allocation of funds from the budget in 2020, due to the non-conclusion of additional contracts, it was technically not possible to conclude a contract for 2021 through the electronic portal of Public Procurement
On 07.07.2021, Agreement No. 35 "construction of a 3 - row 60-apartment residential building (Dak2) in the village of Makat, Makat district" with Dan-Stroy-Baza-Ltd.was concluded in the form of a direct agreement.
In accordance with the proposal of the prosecutor's Office of Makat district dated 05.10.2021 No. 2-0507-21-00993 to eliminate violations of the law, the outgoing letter of the Department of internal state audit of Atyrau region dated 09.12.2021 No. 08-9/3136 on public procurement created between the contractor Danstroybazaltd LLC and the technical supervisor STROYINTEGRATION LLP dated 07.07.2021 an order was given to terminate the contracts No. 35, 36.
In this regard, a statement of claim was sent to the specialized inter-district Economic Court of Atyrau region on termination of the contract No. 35 dated 07.07.2021 between" Danstroybazaltd "LLP and the state institution" Makat district construction department " with an outgoing letter No. 06-08-06-02-14/54 dated 03.02.2022, and a preliminary court session was scheduled for 14.03.2022.
A statement of claim was sent to the specialized inter-district Economic Court of Atyrau region on the termination of the contract No. 36 dated 07.07.2021 between the technical supervisor "Stroyintegration" LLP and the state institution "Makat district construction department" with an outgoing letter No. 06-08-06-02-14/55 dated 04.02.2022.
In accordance with the decisions of Case No. 2301-22-00-2/200 dated 24.03.2022, Case No. 2301-22-00-2/310 dated 18.04.2022, the claim of the state institution "Makat District Construction Department" for termination of the concluded contracts between the limited liability company "Dan-Stroy-Baza-Ltd" and the limited liability company "Stroyintegration" Directorate of established institutions was dismissed.
On 16.05.2022, on the basis of the Protocol No. 7287219-OK1 on the results of public procurement by the method of an open competition, MPK-Project Limited Liability Company was recognized as the winner of the open competition for the lot "development of design estimates for the construction of a sports complex in Baigetobe rural district of Makat district".
In accordance with this decision, the main contract was concluded between the Makat District Construction Department and MPK-project LLP on May 30, 2022 No. 34 (060340007375/220033/00) in the amount of 4,536,000 (four million five hundred thousand thirty-six) tenge for the construction of a sports complex in Baigetobe Rural District of Makat district. According to the outgoing letter of the Ministry of Finance of the Republic of Kazakhstan dated 06.06.2022 No. DZGZ-01-DZ/4957-I, the fact of non-compliance of the financial stability indicators of MPK-project LLP with the actual data of the state revenue authorities was established.
In this regard, on 09.06.2022, a statement of claim was sent to the Atyrau regional inter-district Economic Court on recognition of MPK-Project Limited Liability Company as an unfair participant of the public procurement portal, the obligation to record the amount contributed to ensure the execution of the public procurement contract, in connection with the supplier's non-fulfillment of contractual obligations to the relevant budget, the state institution, and conclude a contract with the second winner of the competition.
According to the ruling of the judge of the specialized inter-district Economic Court of Atyrau region A. B. Saudabayev, the claim of the state institution "Makat District Construction Department" to recognize the defendant "MPK-Project" Limited Liability Company as an unfair participant in public procurement, to record the amount included in ensuring the execution of the contract to the budget revenue, to oblige to conclude a contract with the second winner of the competition, together with all the documents attached to it, was returned to the plaintiff.
On 30.04.2019, on the basis of the decision No. 3312427-OK1 on approval of the results of public procurement by the method of an open competition, Gamma-s limited liability company was recognized as the winner of the open competition "construction of a multidisciplinary Sports Complex in the village of Makat, Makat district".
In accordance with this decision, the state institution "Makat District Construction Department" (customer) and "gamma C" LLP (contractor) concluded an agreement (hereinafter referred to as the contract) No. 23 of 19.06.2019 for the performance of the above works (copies of the contract and the protocol of conclusions of the MS are attached). Place of execution - Makat village, Makat district, Atyrau region.
Part 7.2 of Contract No. 23 dated June 19, 2019 states that the contractor provides the customer with a warranty for operation for a period of 2 years.
In particular, in the outgoing letter No. 10 dated March 11 of this year, the defendant sent a letter to install a ramp, repair the roof, replace cracked windows, repair the sewer well, restore the entrance door. However, the contractor did not perform the listed works. A letter was sent to the defendant several times. Gamma C LLP does not respond to emails and calls.
In this regard, on 12.07.2022, a statement of claim was sent to the Atyrau regional Interdistrict Economic Court for the obligation to work on the elimination of deficiencies to Gamma-s limited liability company.
On August 11, 2022, at 15.00, the plaintiff and defendant were summoned to the specialized inter-district Economic Court of Atyrau region for a preliminary hearing.
Explanatory work was carried out on job descriptions and employment contracts of employees of the department with the establishment of personal responsibility for combating corruption.
No applications were received in the 2nd half of 2021.
The department has memos on the topic: no corruption.
The department has the number 3-10-83 as a helpline.
The district construction department ensures the implementation of the District of the Regional Construction Department.
The district newspaper "Makat tynysy" did not publish critical materials that create an anti-corruption situation.
Email address: otdelstroy85@mail.ru
Helpline: 8/71239/3-10-83