1. General provisions
1. the State institution "Management of public procurement and communal property of the East Kazakhstan region" (hereinafter - the Management) is a state body of the Republic of Kazakhstan, which provides guidance in the areas of public procurement and management of regional communal property.
2. the Department carries out its activities in accordance with the Constitution and laws of the Republic of Kazakhstan, acts of the President and Government of the Republic of Kazakhstan, other regulatory legal acts, as well as these Regulations.
3. the Department is a legal entity in the organizational and legal form of a state institution, has seals and stamps with its name in the state language, forms of the established sample, in accordance with the legislation of the Republic of Kazakhstan accounts in the Treasury bodies.
4. Control enters in civil-legal relations from own name.
5. the Office has the right to act as a party to civil law relations on behalf of the state, if it is authorized to do so in accordance with the law.
6. the Department makes decisions on issues of its competence in accordance with the procedure established by law, which are issued by orders of the head of the Department.
7. the Structure and limit of the staff of the Department are approved by the East Kazakhstan regional akimat in accordance with the current legislation.
8. Location of the legal entity: 070004, Republic of Kazakhstan, East Kazakhstan region, Ust-Kamenogorsk city, Kazakhstan 59/1 street.
9. the Full name of the state body is the state institution "Department for public procurement and municipal property of the East Kazakhstan region".
10. This Regulation is the Foundation document of the Department.
11. the Department's activities are Financed from the budget of the East Kazakhstan region.
12. Management is prohibited from entering into contractual relations with business entities for the purpose of performing duties that are Management functions.
If the Management of legislative acts is granted the right to carry out income-generating activities, the income received from such activities is directed to the state budget revenue.
2. Mission, main tasks, functions, rights and duties of the state body
13. mission of the Department: ensuring the implementation of state policy in the field of public procurement and management of municipal property.
14. Tasks:
implementation of state policy in the field of public procurement;
implementation of regional municipal property management.
15. Functions:
1) carries out the organization and conduct of public procurement, as well as the function of a single organizer of public procurement for budget programs or goods, works, services determined by the akim of the region;
2) develops and approves the draft tender documentation (auction documentation) on the basis of the task submitted by the customer;
3) determine and approve the composition of the competition Commission (auction Commission);
4) if necessary, make changes and (or) additions to the tender documentation (auction documentation);
5) place an announcement on public procurement on the public procurement web portal;
6) sends to the customer requests and comments from persons automatically registered on the web portal of public procurement who have received the tender documentation (auction documentation) for the draft contract on public procurement and (or) the technical specification of the tender documentation (auction documentation);
7) explain the provisions of the tender documentation;
8) provides a summary of information and reports generated on the web portal of public procurement for state institutions and enterprises of the region;
9) submit claims to the court for recognition of potential suppliers as unfair participants in public procurement in cases stipulated by law;
10) develops drafts of normative legal acts in the field of regional communal property management within its competence;
11) coordinates the work of local Executive bodies of districts and cities of regional significance on issues within their competence in the management of district communal property;
12) manages regional communal property within its competence, takes measures to protect it;
13) conducts a competition in accordance with the Law of the Republic of Kazakhstan dated December 4, 2015 "on public procurement" to determine the periodical publication for publishing a notice of bidding for the privatization of regional municipal property;
14) approve the charters (regulations) of regional municipal legal entities, making changes and additions to them;
15) assigns regional communal property to regional communal legal entities;
16) by the decision of the local Executive body of the region, transfers the regional communal property to the authorized capital of limited liability partnerships or to pay for shares of joint-stock companies;
17) by decision of the local Executive body of the region, purchases shares of joint-stock companies and participation shares in the authorized capital of limited liability partnerships as part of the regional communal property;
18) decides on the transfer of regional communal property
(with the exception of property complexes of regional municipal legal entities, shares of joint-stock companies and shares in the authorized capital of limited liability partnerships) at the level of municipal property of the district, city of regional significance;
19) make a decision on the use of regional communal property (with the exception of property complexes of regional communal legal entities, shares of joint-stock companies and shares in the authorized capital of limited liability partnerships), including the transfer of its lease, gratuitous use and trust management;
20) provides control over the use and safety of regional communal property;
21) organizes accounting of regional communal property, ensures its effective use;
22) carries out privatization of regional municipal property, provides assessment of objects of privatization, prepares and concludes contracts of sale of objects of privatization and monitors compliance with the terms of contracts of sale;
23) provides regional communal property for property hire (lease), trust management to individuals and non-governmental legal entities without the right to buy-out, with the right to buy-out or the right to transfer ownership to small business entities on a gratuitous basis;
24) monitors the performance of the Trustee's obligations under the contract of trust management of regional communal property;
25) by decision of the local Executive body of the region acts as the founder of joint-stock companies and limited liability partnerships;
26) decides on the conclusion of a donation agreement for property (except for shares of joint-stock companies and shares in the authorized capital of limited liability partnerships) of non-state legal entities and individuals, transferred to communal ownership;
27) maintain a register of concluded concession agreements for concession objects related to communal property;
28) exercise other powers provided for by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
16. Rights and obligations:
The Department has the right to:
1) submit proposals for consideration by the regional administration on issues within the competence of the Department;
2) hold meetings and other events on issues within the competence of the Office within its authority;
3) request and receive the necessary information from legal entities and individuals to perform the tasks and functions assigned to the Department;
4) exercise other rights provided for by legislative acts of the Republic of Kazakhstan.
The Department must:
1) provide explanations on issues within the competence of the Department;
2) submit the necessary materials and information within its competence and within the framework of legislation in the event of an official request to do so by legal entities and individuals;
3) ensure that employees of the Department comply with the ethics standards of administrative civil servants;
4) perform other duties within the competence of the Department.
3. Organization of activities of the state body
17. management of the Department is carried out by the head, who is personally responsible for performing the tasks assigned to the Department and performing its functions.
18. the Head of the Department for public procurement and municipal property of the East Kazakhstan region is appointed and dismissed by the Governor of the region.
19. The head of the Department has a Deputy, who is appointed and dismissed in accordance with the legislation of the Republic of Kazakhstan.
20. Authority of the head of the Department:
in accordance with the procedure established by law to appoint and dismiss employees of the Department;
in accordance with the procedure established by law to encourage and impose disciplinary penalties on employees of the Department;
to sign the acts of Management;
represent the interests of Management in state bodies and other organizations;
take the necessary measures to combat corruption;