145
Kambar MIZAMBAYEV,
chief expert of URZ KGZ MF RK
Within the implementation of the Law of the RK
«About Government Procurements», the resolution
of the government of the RK No. 300 of April 2,
2014 the Committee on government procurements
of the Ministry of Finance of the RK (further – the
Committee) is defined as the uniform organizer of
government procurements.
According to the Rules of carrying out electronic
government procurements approved by the order of
the Minister of Finance of the Republic of Kazakhstan
on June 23, 2015 No. 378, the organization and
execution of electronic government procurements
of goods, works, services in the way of competition
is carried out by a Committee on the basis of
representation by the customer of a task.
The list of inventory, works, services on which
the organization and execution of government
procurements is carried out by the uniform organizer, is
approved by the Order of the Minister of Finance of the
Republic of Kazakhstan of December 9, 2014 No. 548.
The organization and execution of electronic
government procurements of goods, works, services
which are carried out in the way of competition by
the uniform organizer provides performance of the
following consecutive stages:
- the approval of the competitive documentation
containing the technical specification approved by
the customer, the draft agreement on government
procurements, the composition of of experts
commission or an expert and its formation on a web
portal of government procurements;
- the statement of the composition of a contest
committee and designation of the secretary of a
contest committee from among a web portal users
of and the formation by means of a web portal of the
composition of a contest committee and designation of
the secretary of a contest committee;
- the publication of the announcement of carrying
out the competition on a web portal;
- receiving by potential suppliers – participants
of a web portal of competitive documentation with
automatic registration of the fact of its receiving on a
web portal;
- an explanation by means of a web portal of
provisions of competitive documentation to the
potential suppliers who received it in the cases
provided by the points 50, 51, 52, 53 and 54 of the
Rules;
- the registration on a web portal of the applications
for participation in competition submitted in the form
of the electronic document;
- the opening of demands and the publication on a
web portal of the relevant protocol of the opening;
- the consideration by a contest committee of
electronic applications for participation in competition
for designation of the potential suppliers conforming to
qualification requirements, requirements of competitive
documentation;
- the designation by a contest committee of the
list of the potential suppliers who are not conforming
to qualification requirements and requirements of
competitive documentation, their informing by means
of a web portal with the indication of the reasons of
discrepancy. Also the contest committee can carry out
request of the missing documents or additional data
necessary for reduction of the demands of potential
suppliers for participation in the competition according
to qualification requirements and requirements of
competitive documentation. The publication of the
results of this designation is carried out in working
hours on time of Astana on a web portal in the relevant
ORGANIZATION AND EXECUTION OF ELECTRONIC
GOVERNMENT PROCUREMENTS OF GOODS, WORKS,
SERVICES WHICH ARE CARRIED OUT BY THE UNIFORM
ORGANIZER IN THE WAY OF COMPETITION
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protocol of the preliminary
admission to participation in the
competition;
- automatic registration on
a web portal of the applications
for participation in competition
provided by potential suppliers
according to qualification
requirements and requirements
of competitive documentation
submitted in the form of the
electronic document;
- the designation by the
contest committee by means of a
web portal of the list of potential
suppliers who are allowed to
participate in the competition and
the size of conditional discounts.
The publication of the results of
this designation is carried out in
working hours on time of Astana
on a web portal in the protocol
on the admission to participation
in the competition. The organizer
of government procurements at
the publication of the protocol of
the admission places information
on the exact date and time of the
beginning of the reception of price
offers on a web portal. Thus, the
beginning of the reception of price
offers should be not earlier than
one day from the moment of the
publication of the protocol of the
admission;
- the designation by a contest
committee of the best technical
specification (or specifications)
of goods, services presented
by potential suppliers in the
application for participation in the
competition with the account - at
their existence – of opinions of
experts commission or the involved
expert. The publication of the
results of this designation is carried
out on a web portal in the protocol
on the admission to participation in
the competition;
- the automatic registration on
a web portal of the competitive
price offers presented by potential
suppliers, allowed to participation
in the competition in the form of
electronic documents;
- the automatic opening,
assessment, comparison of
competitive price proposals of the
competition participants and the
designation of the winner by the
web portal;
- the automatic publication of
the protocol on competition results
on the web portal;
- following the results of
competition - the conclusion
between the customer and the
winner of the competition of
the contract on government
procurements.
At the organization of a
competition for government
procurements of the goods, works,
services which are not uniform the
uniform organizer can organize
and carry out uniform government
procurements in the specified
way with division of such goods,
works, services in competitive
documentation on lots by their
uniform types.
At the implementation of
a competition on government
procurements of uniform goods,
works, services, the uniform
organizer in competitive
documentation divides uniform
goods, works, services into lots
by the place of their delivery
(performance, rendering).
At the implementation of
a competition on government
procurements of several types of
uniform goods, works, services, the
uniform organizer in competitive
documentation divides goods,
works, services into lots by their
uniform types and (or) in a place
of their delivery (performance,
rendering).
1) demand of a customer
for carrying out electronic
government procurements of
goods, works, services in the way
of competition
2) technical specification.
In the cases provided by the
legislation of the Republic
of Kazakhstan, the technical
specification should be agreed
with the appropriate authorized
body
3) decision on designation of
the composition of experts
commission or an expert
4) draft agreement on
government procurements.
THE TASK OF A CUSTOMER SHOULD
CONSIST OF THE FOLLOWING DOCUMENTS:
NOTE:
The specified documents should be approved by the first head or the
responsible secretary or other official who is exercising powers of the
responsible secretary of the customer or the person acting as the first head
of the customer.
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Murat SEYTAKHMETOV,
head of the FGC KGZ MF RK
The committee on government procurements
of the RK Ministry of Finance, according to point
4 of article 11 of the RK Law «About Government
Procurements» (further - the Law), carries out
claim-related work about the recognition of
the potential suppliers as unfair participants of
government procurements.
The main reason for submission of statements
of claim in court, according to article 11, point 4,
subparagraph 2, of of the Law, is finding of potential
suppliers in the Unified register of debtors on executive
productions of the Ministry of Justice of the Republic of
Kazakhstan (further – the Register of debtors).
For example, from 32 claims for the recognition
as an unfair participant of government procurements
submitted during work of the Committee in 25 cases
(78%) the basis of submission of the claim was finding of
the potential supplier in the Register of debtors.
The deadline for filing a statement of claim by a
customer, or an organizer, according to article 11 of
the Law, is thirty calendar days from the date when he/
she knew of the fact of violation of the legislation of the
Republic of Kazakhstan on government procurements by
the potential supplier or supplier.
The reasons for filing a statement of claim about
the recognition as an unfair participant of government
procurements are following:
1) the representation of unreliable information
according to qualification requirements by potential
suppliers;
2) the violation of requirements of article 6 of the Law
by potential suppliers;
3) the evasion from the conclusion of a contract
on government procurements by potential suppliers
determined by winners;
4) non-execution or inadequate execution by
suppliers of the obligations under the contracts on
government procurements signed with them.
Practice of maintaining the register of unfair
participants of government procurements corresponds
to the best international experience and is a barrier to
decrease risks of plunder and inefficient use of budgetary
funds.
Actually reasons of filing a statement of claim
given above can serve as criteria of an assessment of a
potential supplier’s reputation, that is at their absence it
is possible to speak about sufficient degree of probability
of the contract appropriate execution.
For example, according to a article 6 of the Model
law of UNCITRAL about purchases of goods (works)
and services (adoppted in New York 31.05.1994 -
17.06.1994 at the 27th session of UNCITRAL), a potential
supplier should possess necessary professional and
technical qualification data, professional and technical
competence, financial resources, equipment and other
material resources, administrative competence, reliability,
experience and reputation, and also human resources for
performance of contract on purchases.
Thus, the reputation of a potential supplier is an
obligatory selection criterion when using budgetary
funds.
This rule also found the reflection in the Contract on
the Eurasian Economic Union signed by the Republic of
Kazakhstan.
So, according to the point 13 of the Protocol on the
order of purchases regulation (the appendix 25 to the
CLAIM-RELATED WORK ABOUT THE
RECOGNITION AS AN UNFAIR PARTICIPANT
OF GOVERNMENT PROCUREMENTS
қараша | ноябрь | november № 11 (23)
148
Contract on EEU), the legislation of the member state
on purchases should provide formation and maintaining
the register of unfair suppliers which joins in which the
following data should be included:
about potential suppliers who evaded from the
conclusion of agreements (contracts) on purchases;
about suppliers who didn’t fulfill or inadequately
fulfilled the obligations under the agreements (contracts)
on purchases signed with them;
about suppliers with whom customers unilaterally
dissolved agreemnts (contracts) on purchases in the
course of execution of which it is established that
the supplier doesn’t conform to the requirements to
potential suppliers established by documentation about
purchase or provided unreliable information about the
compliance to such requirements that allowed it to
become the winner of procedure of purchase by the
results of which such contract is signed.
Distinctive feature of the current law «About
government procurements» and Contracts on EEU is that
the international treaty does not provide inclusion in the
register of unfair suppliers of the persons who are not the
winners of competitions or the party of the contract, that
is potential suppliers.
In this regard, in the developed Ministry of Finance of
the RK the bill «About Government Procurements» (in the
new edition), planned to introduction since 01.01.2016,
the standards of the international treaty, providing that
measures for inclusion in the register of unfair suppliers
will not be applied to potential suppliers, are considered,
but at the same time the mechanism interfering their
participation in government procurements before
elimination of the available violations is kept.
Free circulation of goods, works and services in the
territory of the EEU also sets for the governments of
member states tasks to establish mechanisms which will
not admit the participation of unfair suppliers from the
EEU countries, which will identify them and carry out
work on their inclusion in the register.
The solution of these tasks will cause further
synchronization of the legislation of member states,
adjustment of channels of information exchange,
including the integration of information systems and
recognition of digital signatures, and also perhaps in the
long term – creation of united registers in the sphere of
government procurements for the EEU countries.
I ask to make an explanation on a situation. The
company signed the contract for rendering services in
August, 2011. The customer, according to the contract,
paid advance payment. During the currency of the
contract additional agreements on extension of terms
were signed. At the moment acts of the performed works
are not signed, these liabilities the performer recognizes
as doubtful.
The income from doubtful liabilities, according to
subitem 3 of item 1 of Art. 88 of RK Tax Code, includes
write-off of liabilities in connection with expiry of the
statute of limitations as established by the legislative
acts of the Republic of Kazakhstan . According to item 2
of Art. 88 of RK Tax Code, An amount of income received
as a result of writing off liabilities shall be equal to the
amount of liabilities, subject to repayment in accordance
with source documents of the taxpayer. According to
item 1 of Art. 178 of RK Civil Code, the general term of
the statute of limitations shall be established at three
years. According to item 2 of Art. 180 of RK Civil Code,
with regard to the liabilities which have a definite term
for their implementation, the course of the statute of
limitations shall begin upon the expiry of the date of the
execution.
Question No. 1: Since what moment does the term
of the statute of limitations on the received advance
payments which were not demanded within three years
start being estimated for recognition of the income from
doubtful liabilities:
– from the moment of signing of the contract;
– from the moment of receiving advance payment;
– from the moment of the termination of the
additional agreement on extension of terms?
Question No. 2: Are received advance payments
recognized as doubtful requirements considered as
assessed turnover of the VAT?
Concerning the first question … We pay attention that the
income from doubtful liabilities is determined according to Art.
89 of the Tax code.
So, subitem 4) of item 2 of Art. 89 of the Tax Code established
that the income from doubtful liabilities not specified in
subparagraphs 1) – 3) of this paragraph shall be recognized in
the tax period of the expiry of the three year period:
From the day following the day of expiration of the period
for fulfillment of the liability with respect to the acquired goods
(works, services) for which the fulfillment period has been
defined;
From the day of transfer of goods, performance of works,
provision of services with respect to the liability connected with
the acquired goods (works, services), for which no fulfillment
period has been defined.
Concerning the second question … According to the
Tax Code existing in edition for January 1, 2011, the received
advance payments are not considered as turnover assessed by
the VAT.
COMPETENT ANSWER
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150
Zhanna ABDRAKHMANOVA,
deputy head of managements of appeals and
providing of legitimate rights of the SRC of the
MF RK
Now in system of the pre-judicial appeal
the State Revenue Committee of the Ministry
of Finance of the Republic of Kazakhstan
is engaged in consideration of taxpayers
complaints concerning results of tax audit on
confirmation of reliability of the VAT excess
sums shown to return from the budget.
In 9 months of 2015 the Committee considered
38 such complaints.
Thus, as shows the analysis, the most often
appealed questions are non-confirmation of
reliability of the VAT excess sum shown to return by
results of counter checks, and also non-confirmation
of such sum as a result of application of a control
system of risks.
We will draw on the specified questions.
Often taxpayers appeal results of check regarding
refusal in return of the VAT excess because at the
time of the end of check replies to the requests on
carrying out cross audits are not received or such
inquiries were stopped by territorial tax authority.
It should be noted that the order of carrying out
topical audits of reliability of the VAT excess sum
shown to return is regulated by Article 635 of the Tax
code.
According to item 5 of Art. 635 of the Tax code,
during topical audit the tax service authority may
prescribe cross audits of direct suppliers of goods,
work, services of the auditee taxpayer.
At this item 9 of Art. 635 of the Tax code cases
no refund of value-added tax shall be made within
amounts for which no response is received by the
date of completion of the tax audit: to the requests
for conducting a cross audit for confirmation of
accuracy of settlements with the supplier.
Thus, the Tax code contains direct norm that at
non receipt before completion of check of replies to
the requests on carrying out cross checks reliability of
such sums of the VAT is not confirmed.
Respectively, at the appeal the decision on such
complaints is made by taxpayers of the specified
question, proceeding from the given standard
of the Tax code, that is at confirmation during
consideration of the complaint of the fact of non
receipt before completion of check of replies to
the requests on carrying out cross checks reliability
of the VAT sums by results of consideration of the
complaint is also not confirmed.
At the same time according to subitem 1) item
10 of Art. 635 of the Tax code refund of value-added
tax shall be carried out on the basis of the report on
tax audit when receiving responses to requests for
conducting cross audits of suppliers of the auditee
Hello, I am going to be granted a status of a
disabled person in August. I would like to specify,
whether there are tax and other privileges for
disabled people, and what documents need to
be handed over and in what terms? Thank you in
advance.
Income in limits of 55 monthly salary is not subject
to taxation by individual income tax, it also concerns
disabled people of I, II, III groups.
According to subitem 5) of item 3 of Art. 365 of the
Tax Code, disabled people are not taxpayers with regard
for owned side-cars and cars – in respect of one motor
transport vehicle which is an taxable item for tax.
According to subitem 4) of item 3 of Art. 373 of the Tax
Code, disabled, and also one of the parents of a disabled
person from childhood, orphaned children and children
deprived of parental care up to the age of eighteen years
shall not be recognized as payers of land tax in respect of:
land plots occupied with housing resources, in
particular buildings and structures attached to them;
land plots attached to houses;
land plots allotted for keeping personal household
(subsidiary) farms, gardens and dacha construction, in
particular lands occupied with buildings;
land plots occupied with garages.
According to subitem 3) item 2 of Art. 403 of the Tax
Code payers of the property tax of natural persons are
not disabled of the I and II groups – within a 1500-time
amount of the monthly assessment index established
by the Law on the republican budget and effective as
of 1st January of the corresponding financial year, of the
total value of all taxable items they hold on the right of
ownership.
I am asking to consult me on the taxation of
the CIT and VAT of realization of the empty land
plot (without constructions) with the purpose – to
construct oil depot with limited liability partnership
(the generally established mode) to other limited
liability partnership. The land plot was got without
the VAT. Will the VAT of transaction be assessed or
can we apply Art. 249 as on the earth anything is
constructed? If the income is bared, how to write
out the invoice?
Realization of the land plot is exempted from the VAT,
according to item 2 of Art. 249 of the Tax Code, thus the
size of a turnover of realization is defined according to
item 9 of Art. 238 of the Tax Code.
For calculation of CIT according to subitem 1) item 1 of
Art. 87 of the Tax Code at realization of the land plot arises
the income from an increase in value which is defined as
a positive difference between the cost of realization and
initial cost.
COMPETENT ANSWER
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151
APPEAL OF TAX AUDIT RESULTS:
SOME QUESTIONS ON RETURN OF THE VAT
taxpayer, which are received after completing the
tax audit. Thus, such conclusion of tax authority is
formed not earlier than the twentieth and no later
than the twenty fifth day of the last month of the
quarter.
Thus, in the considered situation in case of
receipt of replies to the requests on carrying out
cross checks after completion of topical audit to the
taxpayer return of the VAT excess according to the
specified standard of the Tax code is carried out on
the basis of the conclusion of tax authority, that is
without carrying out audit.
Also one of the most often appealed questions
is the VAT non-return in connection with the
termination by territorial tax authorities of requests
for carrying out cross checks of suppliers.
As shows the analysis of the considered
complaints, the termination of requests for carrying
out cross checks by tax authorities is carried out in
most cases because of absence of the supplier in the
location. Thus, such absence is confirmed by the act
of tax inspection which procedure is regulated by
article 558 of the Tax code.
Thus, according to item 9 of Art. 635 of the Tax
code one of the bases for a non-return of the VAT is
non-confirmation of reliability of the sums of the VAT
in connection with impossibility of carrying out cross
check, including because of absence of the supplier
in the location.
Thus, the matter is also accurately regulated
by standards of the Tax code in this connection in
case of confirmation of the fact of not carrying out
cross check because of absence of the supplier in
the location during consideration of the complaint,
reliability of the sums of the VAT by results of
consideration of the complaint is also not confirmed.
At the same time according to item 2 of Art. 273
of the Tax code the value-added tax payer shall have
the right to refund of excess value-added tax, which
has formed after January 1, 2009, during the period
of the statute of limitations as established by Article
46 of this Code.
In this regard the taxpayer to whom it is refused
to return the excess of the VAT, including because
of not carrying out cross check in view of absence
of the supplier in the location has a right to submit
again during the term of limitation period the
requirement about return of the VAT. Thus, the tax
authority will carry out topical tax audit by results
of which in case of confirmation of reliability of the
sums of the VAT return of the VAT will be carried out.
One more of the most often appealed questions
is non-confirmation of the sum of excess of the VAT
shown to return as a result of application of a control
system of risks.
As shows the analysis which is carried out by
results of consideration of complaints, one of
the questions which are most often appealed by
taxpayers in this block is the question of illegal
formation of the analytical report «Pyramid» on the
suppliers included in the list of taxpayers on whom
the tax authority stops further formation of the
analytical report.
It should be noted that the control system of risks
(further – the CSR) is regulated by Art. 625 of the
Tax code according to item 2 of which probability
of non-execution and (or) incomplete execution of
the tax obligation by the taxpayer (tax agent) which
could admit and (or) can cause damage to the state
can be considered as a risk.
According to item 4 of the specified article,
the CSR is used at implementation of tax control,
including for the purpose of confirmation of the VAT
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152
excess sum which is subject to return.
By the same article it is provided that criteria
of degree of risk and the order of application of a
control system of risks for confirmation of the VAT
excess sum shown to return are defined by the
Government of the Republic of Kazakhstan.
In this regard the resolution of the Government
of the Republic of Kazakhstan of March 27, 2013
No. 279 approved Rules of application of a control
system of risks for confirmation of the VAT excess
sum, shown to return (further – the Rules).
According to item 8 of the Rules concerning
the taxpayers referred to category of the taxpayers
who are in a risk zone, the tax authority forms the
analytical report «A pyramid on suppliers» (further
– the analytical report «Pyramid») on suppliers of
goods, works, services.
At this item 9 of the Rules it is established a list
of taxpayers for whose suppliers tax authority stops
further formation of the analytical report «Pyramid».
These are the following taxpayers:
1) being monitored by large taxpayers;
2) making goods of own production, including
agricultural producers-taxpayers (except for
producers of flour, woolfell of large and small cattle
and the persons processing scrap of non-ferrous and
ferrous metals);
3) carrying out activity within the contract for
subsurface use;
4) carrying out delivery of electric and thermal
energy, water and (or) gas, except for electric
and thermal energy, water and (or) gas which are
exported further by their buyer;
5) carrying out delivery of communication
services;
6) carrying out delivery of services in technical
tests, analysis and certification of production.
Thus, the Rules contain direct norms regulating
cases of the termination of further formation of the
analytical report «Pyramid».
At the same time, as it appears from the
considered complaints, separate checking at
implementation of check of reliability of the VAT
excess sum shown to return for suppliers of the
above-stated taxpayers further formation of the
analytical report «Pyramid» is made.
Considering that the matter is accurately
regulated by the tax law, by consideration of such
complaints, in case of confirmation of the fact that
taxpayers are from the category of the taxpayers
included in the above list, audit results about non-
confirmation of reliability of the VAT regarding the
matter admit are illegal.
Also it would be desirable to draw on a direction
of requests for elimination of the violations revealed
as a result of formation of the analytical report
«Pyramid» by the tax authority which is carrying out
topical audit.
The Rules show that inquiries are sent for
elimination of violations in case of identification
of violations of the tax law concerning taxpayers –
suppliers of the subsequent levels on whom such
violations are revealed by the results of formation of
the analytical report «Pyramid».
Respectively, in case such supplier of the
subsequent level is the taxpayer monitored by large
taxpayers, the inquiry concerning this taxpayer is
also sent for elimination of violations.
At the same time the matter is challenged by
some taxpayers who consider that concerning the
large taxpayers who are subject to monitoring, cross
check according to provisions of Art. 635 of the Tax
code, should not be carried out.
In fact, according to item 7 of Art. 635 of the Tax
code a certain category of suppliers of the checked
payer of the VAT, including major taxpayers who
are subject to monitoring is not subject to counter
check.
Subparagraph 3) point 5 of article 627 of the
Tax code gave definition of cross audit as an audit
carried out by the tax authority in relation to persons
who carry out transactions with a taxpayer (tax
agent) in relation to which the tax authority carries
out an integrated or topical audit persons for the
purpose of obtaining additional information on such
transactions for use in the course of auditing of said
taxpayer.
It follows from this norm that a counter
inspection is carried out only concerning the direct
supplier (the supplier of the first level) by whom
operations with the checked taxpayer were carried
out.
However, in the case under consideration it is
about major taxpayers – suppliers of the subsequent
(the 2nd, 3rd, 4th etc.) levels whose violations of the
tax law are established as a result of formation of
the analytical report «Pyramid». Besides, as shows
the analysis, concerning such suppliers during audit
not inquiries for carrying out cross audits were sent,
but requests for elimination of violations provided
by item 10 of the Rules that fully corresponds to the
order established by the tax law.
In this regard at the appeal of similar questions
by taxpayers the decision is made in favor of
conclusions of tax audit.
In summary it would be desirable to note that
by consideration of the complaint of taxpayers
about a tax audit results regarding refusal in return
of the shown of the VAT excess sum by the relevant
division of State Revenue Committee carefully
checks and investigates the arguments and
circumstances which were the basis for refusal in
return of the VAT from tax authority, and arguments
and circumstances on which the taxpayer who
made the complaint bases the requirements and
proofs. Thus, the maximum efforts for ensuring
objectivity and transparency in consideration of
complaints are made.
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RAIMBEK COMPANY –
NATIONAL CHAMPION
“OUR MAIN ADVANTAGE IS
EFFECTIVE MANAGEMENT”
The history of the Kazakhstani
Raimbek Company began in 1992
with creation of small trading
company which delivered consumer
electronics from Singapore, Japan,
Italy, Switzerland and Hong Kong.
Today the Raimbek Company is a
large, successfully developing holding
company focused mainly on food
production and retail trade.
The Raimbek group companies
traditionally occupy the leading
positions in the Kazakhstani market.
In particular, the share of Raimbek
Bottlers in the market of juices and
beverages in cardboard package
makes up 32%, the share of the
Raimbek Agro in the market of ultra-
heat-treated milk makes up 23%, the
share of “Raimbek Alco” in the market
of imported alcohol makes up 30%.
In May 2015 the companies of the
Raimbek Holding entered the pool
of “national champions” within the
framework of the state program on
supporting Kazakhstan’s business.
We offer you a series of interviews
with top managers of one of the most
successful companies of Kazakhstan.
- What attracts you to working in the Raimbek
Company?
- You know, I’m not used to be complacent, and the
work in our company is the constant drive, all the time
there are new projects, fresh solutions. In addition, there are
managerial ambitions - I just have to finish what I’ve once
begun: it was originally a small project and then there were
establishment and automation of business processes, and
then the operational management. Economic instability
has given a new challenge: not merely to survive times of
crisis, but to improve efficiency, to show shareholders that
the company has qualitatively changed. We are working for
the future; both develop a current business and work on the
diversification of risks due to new projects.
- But isn’t it rather difficult to implement new projects
in times of crisis?
- Yes, it’s not easy. Therefore, we come very punctually
and carefully to the choice of new growth points. Now we try
to manage with small investments. This September we launch
a dairy project: buy PET line and produce kefir and yoghurt
drinks under our major milk brand “Ainalayin”.
- How will you characterize the global competitiveness
of the Raimbek Сompany?
- First of all, extensiveness. Raimbek is the first such a
company in the Kazakhstani market. Initially, our company’s
share content made up to 80% of milk and juices. Of course,
with the appearance and development of competitors we
lost positions somehow, but we still remain one of the major
leading companies in Kazakhstan.
The second point is that we have the best distribution
network in the country. It is recognized by all major
companies in the world, with whom we are working. For
example, our share in the market of juices makes up 95%. We
also have an active customer base in the market of milk. In
addition, we have a high level of distributors.
And the third is that we have learned how to proactively
monitor the expenditure of the company and become more
Reference:
Vitaly Borkov joined the Raimbek Company in 2003.
Qualified as a financier, he started from the position of project
manager, later became a COO of the dairy plant; since 2013 he
is CEO of the companies of FMCG division. He is keen on sports,
nearly 13 years of his life he used to be involved in boxing.
Vitaly BORKOV,
CEO, Food division
of the Raimbek Company
қараша | ноябрь | november № 11 (23)
154
efficient in terms of cost management. Today our efficiency is
higher, and the costs are lower than the industry average.
- What results of your work can you be proud of?
- We have significantly improved our efficiency. This is
seen primarily in the financial results. That is, even in a falling
market if we fall, it is much less than our competitors do.
Actually, I want to say that even in a crisis, we have been
able not only to stay in the market, but also to increase profits
due to the internal optimization and clear and tight control
over all expenditures. That is, we were able to knock down
in the crisis. We have introduced the project management in
the company. This immediately affected the overall efficiency
- the speed of decision-making on launching new projects
significantly increased, this process became more transparent
and predictable.
Now I have a period of active immersion into the details
of operational management, improvement of the sales and
marketing setting. In the future, I hope, I will reach personnel
management system, so far, for me this is the biggest
unrealized challenge.
- What are you planning to do?
- In the near future, we have to finalize the HR-strategy
and actively engage in the creation of a team of associates:
the directors and middle managers. So all our employees
understand where we are going, and feel a sense of
belonging to the result.
And the most important task is, of course, increasing sales,
especially because the market situation is not the easiest. Of
course, we are planning to focus on exports. We intend to
bring to the market of the neighboring countries our new
products. Let’s see what happens.
“I LIKE TO TAKE
RESPONSIBILTY”
In August 2015 the Raimbek Company’s products appeared on the shelves of the large Russian network “Dixie”. This
business achievement can be rightly considered as the merit of the commercial department of the food division.
- Denis, are you also responsible for export of
Raimbek products?
- Yes. In my competence there are export, distribution
in Kazakhstan, work with new foreign partners. Now we are
actively working on expanding our presence in Russia.
In August, we have reached one of the largest networks
of Moscow and Russia “Dixie” with “Juicy” juices. It is about 2
thousand stores of the network, today it is 60% of the market
share. Also, our products will be presented in the Perm region
- it’s plus 400 stores. In addition to “Juicy” juices in the future in
Russian stores there will be our new dairy brands, which now
have no analogues in the dairy market.
- How did you manage to come to the Russian
network? Everyone is talking that due to the exchange
rate difference Kazakhstan’s products are less
competitive.
- You know, if it were not for bad luck have no luck at all.
Ukrainian companies have gone from the Russian networks
and released shelves. We have just taken a moment: we have
offered our goods in time. Yes, we realize that our prices
are above average, but our Juicy juice is positioned in the
premium segment, so there are no any problems.
- What, in your opinion, are the advantages of the
Raimbek Company as a ocal Kazakhstan’s company?
Why are you stronger than international and
transnational corporations?
- Our most important advantage is that we are fighting for
our own national brands, while they are fighting for someone’s
else. We have a sense of ownership. I feel it among our
employees, subordinates and try to implement it throughout
the company.
- What is the Raimbek Company’s sales policy?
- We have been working through distributors. We have
a partner in each city, through which we implement sales.
Regional representatives are our employees. Every year their
number increases.
Reference:
Denis Postrigan has two higher educations: military
engineering and law. Started trading career in 2005 as an
assistant to trade representative. Since 2010 he has been
working in the Raimbek Company - first as regional director,
and then as the commercial director.
Denis POSTRIGAN,
Commercial Director,
Food Division of the Raimbek Company
қараша | ноябрь | november № 11 (23)
155
Now we are slightly changing work scheme when
distributors perform only the role of logistics operators and
sales representatives and supervisors become employees
of the Raimbek Company. We have such a work scheme in
Western Kazakhstan, in the next year we are planning to move
to such a work system throughout Kazakhstan.
First of all this is due to the fact that a sense of the value
of work in a large national company for people is much more
than the work in local, regional, city firm. This factor acts as a
motivation, when people realize that they are the part of a
great unity - national leading company.
- You have been working in the Raimbek Company
for 5 years, what has been the most difficult?
- Each company, as well as a person, is individual. The style
of the Raimbek Company’s is multitasking for a limited period
of time. In other words - all must be done now and fast! (smiles)
Gradually I have used to this. Now I do not understand how I
have used to live at a different pace.
- What are your professional accomplishments you
are proud of?
- I am very proud of my team. For five years of the work in
the company just a few left my department. I understand that
I am going the right way: choose the right people, who follow
me and who like to work together. Accordingly, the work
becomes more efficient.
I am glad that the Raimbek Company gave me the
opportunity of independent decision-making. I like to take
responsibility and make decisions and every day decision-
making level is getting higher, and decisions are more and
more. That’s what motivates me personally.
Hello! I am an individual entrepreneur, who
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