«Open Government with my eyes»

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Kalieva Ayan

What is an open Government for all of us? Two months ago, I would not have asked this question until we had a guest lecture at our university on this topic.

It so happened that in the modern world the possession of the necessary information makes us stronger and presents some advantages. Previously, our parents had to go to libraries and spend a single hour there to find out any information, but now, having access to the Internet, you can get everything you need with just a few taps on the screen. This is an advantage of our generation that should not be neglected.

According to the National Action Plan of the International Partnership of the Open Government, we will be able to keep abreast of the life of the state through the implementation of an open data policy. Each citizen will be able to observe the activities of a government agency. Having implemented the National Plan, we will no longer hear more questions like “What is the state spending money on? "And eternal complaints that nothing is changing. But for this, citizens themselves should be interested in this.

Since my specialty is in public procurement, I am concerned about the open and proper operation of this system. All public procurement is carried out on the public procurement portal, which ensures the openness of the process, reducing the occurrence of affiliate transactions. The creation of this portal increased competition between suppliers and made it possible to develop a tender focus in the country.Open data can provide more favorable conditions for the government, providing equal conditions for the private sector and high-quality goods and services for citizens. The introduction of open data in the public procurement process will allow to achieve a better price-quality ratio, create more fair competition and equal conditions for business between suppliers, especially for small firms. And most importantly, this will prevent fraud and corruption by promoting procurement analysis and better solutions to public problems. Therefore, it was so important to implement an open data policy in the public procurement process. Butas tender the orientation is relatively young, it is imperfect. For improvement, I would suggest making some amendments to the Law on Public Procurement. For example, to indicate measures to customers for the late return of the Guarantee security of the tender application (GOKZ) and the Guarantee security of the fulfillment of the contract (GOID), and for non-payment of the transaction within the specified time. Non-payment of the transaction amount and untimely return of the GOKZ and GOID is a big problem for bidders. In my practice of working in the tender department, I know that some organizations may not return the GOKZ and GOID for years, and the suppliers have no choice but to write regular letters to the management of the organizations asking them to return the amounts transferred earlier. Why can't organizations return money so quickly? Also, when working with tenders, you may encounter cases when the organization announces a tender, and then after some time before the autopsy report, cancel it. In this case, the suppliers can only hope for the repeated publication of this tender and wait for the day when they will return the already listed GOKZ. I believe that if we designate measures in the legislation for untimely returns and payment of transactions to organizations, in the form of charging fines to the organization for each delayed day, then cases of delayed return and payment of amounts will decrease.I believe that all of the above problems arise due to the lack of reporting for the post-tender phase. It is necessary to amend the Law “On Public Procurement”, where, after the suppliers confirm the transaction, the parties will have to upload to the portal all their subsequent actions, from the conclusion of the contract to the signing of acceptance certificates, payment of the contract amount, and return of the GOKZ and GOID, and also information about the quality of the goods used or the service provided. It would be possible to additionally introduce a system for evaluating supplier performance by customers on the portal, and vice versa, this would help both parties to have their own rating and direct recommendation, which would increase the responsibility of the parties. Another problem for public procurement is the long processing of complaints received by the Complaints Commission. According to the public procurement portal, only for the period of April 13, 2018. April 2, 2019 4279 complaints were filed with the Independent Interagency Complaints Commission. To solve this problem, it is necessary that the tender commission deal with the initial consideration of complaints, then the decision of the tender commission would be sent to the Complaints Commission. This process would disrupt the work of the commission. Despite the presence of the above unsolved problems at the moment, not This process would disrupt the work of the commission. Despite the presence of the above unsolved problems at the moment, not This process would disrupt the work of the commission. Despite the presence of the above unsolved problems at the moment, notI’m not to point out that in the latest amendments to the Law on Public Procurement of June 26, 2019 No. 76, there werealready corrected and made additions to many articles that have flaws. This proves that the government is ready to improve the system. and her best work.

I am sure that besides me, many have their own ideas for improving and developing our state. And answering the question “What is an open Government for all of us? ", I can answer that this is an opportunity. Opportunity for the development of our state, making its contribution, highlighting various problems and offering its solution. After all, who, if not ourselves, will help ourselves to solve the problems that arise in our state?