participated in the competition on rendering service
of technical supervision. However the organizer of the
competition did not let me pass in the following round,
referring to the fact that I had not presented an extract
from the register of holders of securities though I had
submitted a letter to the organizer of the competition on
its own behalf that I was not registered in the register and
I had no securities. How lawful actions of the organizer of
competition are?
According to item 2 of Art. 21 of the Law of the Republic
of Kazakhstan «About government procurements» (further –
the law), data, and also documents which must be present in
the application for participation in competition, are defined by
rules of carrying out electronic government procurements.
According to subitem 15) of Art. 14 of the law the authorized
body defines rules of carrying out electronic government
procurements in the sphere of government procurements.
The order of the Minister of Finance of the Republic of
Kazakhstan of June 23, 2015 No. 378 approved Rules of carrying
out electronic government procurements (further – rules)
which are enacted since August 11, 2015.
The application for participation in electronic competition
submitted to the organizer by a potential supplier who showed
willingness to participate in electronic competition should
contain data, and also the documents provided by item 9 of the
Electronic form of competitive documentation, the Appendix
1 to rules.
Thus, we note, the requirement about granting an extract
from the register of holders of securities by a potential supplier
is absent.
Besides, in item 91 of rules provides an exhaustive list of the
bases for not admission of the potential supplier to participation
in competition (recognition by the participant of competition).
In this regard the contest committee has no right to reject
potential suppliers on the above basis.
At the same time we note that, according to Art. 45 of
the law, a potential supplier has a right to appeal against
actions (lack of action), decisions of the customer, organizer of
government procurements, uniform organizer of government
procurements, commissions, expert, uniform operator in the
sphere of government procurements if their actions (lack of
action), decisions violate the rights and legitimate interests of
the potential supplier. The decision of a customer is not subject
to the appeal in bodies of the state control:
1) about a choice of a way of government procurements;
2) about refusal of implementation of government
procurements, accepted by it according to item 10 of Art. 5 of
the law.
Question concerning a loan between legal entities.
According to terms of the contract of remuneration
on percent is charged monthly, and payment of
remunerations is made in the end of the year. According
to item 1 of Art. 145 of the Tax Code, tax agents shall
be obliged to transfer amounts of corporate income tax
withheld at source of payment not later than twenty-
five calendar days after the end of the month in which
the payment was made. Thus, the question is: when the
legal entity has to list CIT – within 25 days after charge of
remuneration or within 25 days after the actual payment
of remunerations in the end of the year?
Tax agent shall be obliged to transfer amounts of corporate
income tax withheld at source of payment not later than
twenty-five calendar days after the end of the month in which
the payment was made.
COMPETENT ANSWER
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156
NEWS OF THE EEU
UNIFORM SYSTEM OF PURCHASES
FOR THE COUNTRIES OF THE EEU
WILL START WORKING IN 2016
Uniform system of purchases for the countries of
the Eurasian Economic Union will start working in the
limited mode in 2016.
It was declared to journalists by the head of Federal
Antimonopoly Service of Russia, Igor Artemyev, following
the results of the meeting of heads of antimonopoly
authorities of the countries of the EEU which passed in
Moscow, reports BELTA.
«Next year it will definitely work in the limited mode – it
won’t be yet possible that you are registered on a platform
in Moscow and it is registered at once both in Astana, and
in Armenia, and everywhere. But participation and work –
all will be already obligatory», – Igor Artemyev told.
He noted that now the main task is to remove remained
barriers to businessmen who intend to participate in the
auction of other country.
«Here the main issue at this stage is compatibility of
digital signatures, and this issue is already completely
resolved between Belarus and Russia, cooperation on this
issue between Russia and Kazakhstan is now coming to the
end and cooperation between Kyrgyzstan and Armenia is
continuing», – Igor Artemyev noticed. According to him,
creation of uniform platforms, portals will be the following
stage.
UNIFORM DIGITAL SPACE OF THE EEU
Creation of uniform digital space of the Eurasian
Economic Union (EEU) can become a key for
deepening of Eurasian integration processes and
elimination of barriers and restrictions.
It was declared in Moscow at the first meeting of
presidium of the Business Council of the EEU by the
member of Board (minister) of the Eurasian Economic
Commission (EEC) Karine Minasyan.
According to her, within the EEU it is necessary to
create common approaches concerning development
of electronic trading, uniform digital infrastructure, an
ecosystem of digital space and use of digital technologies
in state regulation and control for improvement of business
environment of the State Parties of the EEU. «The uniform
digital space is additional opportunities for realization
of the purposes of the EEU. It will create conditions for
the movement to uniform markets without barriers and
restrictions, to modernization, cooperation, development
of small and medium entrepreneurship and creation of
new highly skilled workplaces», – the minister of the EEC
declared.
Members of the EEU Business Council placed particular
emphasis on need to transfer to supreme bodies of the
Union and member states the opinion of the Council on
expediency of investment of the EEC with appropriate
authority. They also emphasized the need of the fastest
preparation of conceptual documents and decisions on
formation of the uniform digital market (space) for the EEU
and the separate Protocol concerning formation of uniform
digital space to the Contract on the Union. The priority
directions of work can be: development of regulatory legal
base of the EEU and harmonization of the legislation of the
member states necessary for formation of uniform digital
space and digital transformation of economies of member
states; formation of uniform digital space as one of the
main channels for increase in mutual commodity turnover
with the use of instruments of electronic trading; expansion
of practice of use of information and communication
technologies for increase in efficiency of cross-border
interaction between government bodies, economic entities
and natural persons; development and implementation
of the joint projects and programs directed on digital
transformation of economies of the Union member-
countries.
TRADE IN «LEUKEMIC» MILK WILL BE FORBIDDEN
IN THE EEU COUNTRIES
Trade in «leukemic» milk will be forbidden in
the EEU countries. The press service of the Eurasian
Economic Commission reports it.
According to department, the Technical Regulations
of the Customs Union «About safety of food products»,
which includes requirements to crude milk, is accepted
by the decision of the Commission of the Customs Union
in December, 2011. It is necessary to emphasize that the
technical regulations mentioned above came into force
in July, 2013. Since January 1, 2016 the requirements of
technical regulations about safety of food products of the
Customs Union forbidding trade in «leukemic» milk in the
EEU countries will become obligatory.
According to this document, it is allowed to trade
in crude milk only from healthy cows and from farms
where there are no infectious diseases of animals. Among
such diseases there is also the leukosis. It appeared in
Technical Regulations of the Customs Union in one list
with dangerous diseases: foot-and-mouth disease, plague,
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157
NEWS OF THE EEU
brucellosis.
Similar restriction works in many states, for example in
the European Union countries.
Enough time is provided to producers of milk and dairy
products of the Union states for preparation to work in new
conditions.
We shall note that till December 31, 2015 in the
EEU it is allowed to produce and release milk and dairy
products which correspond national regulations accepted
before «food» technical regulations. That is the transition
period allowing business to be prepared to work on new
requirements is four years.
THE COMMON EEU ELECTRICAL POWER MARKET
WILL START WORKING BY 2019
According to the Contract on the Union, common
electrical power market will start working by July 1,
2019, common market of gas and common markets
of oil and oil products – by January 1, 2025. The press
service of the Ministry of Economics of the Territory
reports it.
In the report it is noted that formation of these markets
assumes ensuring of free movement of energy resources
in the territories of member states of the Union, creation
of competitive environment in the sphere of power,
ensuring of equal access to services of natural monopolies
in the field of transportation and transit of energy sources,
joint development of infrastructure and carrying-out the
coordinated tariff policy.
It means that business in the electric power will be done
both under free bilateral contracts, and by the organization
of a new segment of the market – centralized auction of the
electric power, including the auction a day ahead.
«Creation of common markets of energy resources
will lead to the increase in reliability of functioning of the
Union fuel and energy complex, growth of mutual trade
and mutual investments into this sphere, reduction of
production costs and creation of conditions for balanced
consumption of energy resources, it will affect GDP growth»,
– emphasized the department representatives.
We shall note that 7% of world oil reserves, 1/6 of its
production and export, about 1/5 of gas reserves and
production and more than a quarter of its export, 5% of
electricity generation and 2,5% of its export, more than
1/5 of coal reserves, 6% of its production and 1/6 of the
export, over 1/5 of uranium reserves and more than 2/5 of
its production in the world fall to the share of the Eurasian
Union.
In general on the Eurasian Union the extent of electricity
transmission lines of 220 kW and more is 168 thousand km,
the main gas pipelines – 197 thousand km, the main oil
pipelines – 66 thousand km, oil pipelines – 21 thousand km.
NEW COMMEMORATIVE COINS ARE ISSUED
«THE EURASIAN ECONOMIC UNION»
On November 24, 2015 the Bank of Russia released
a commemorative gold coin of 100 rubles and a silver
coin of 3 rubles «The Eurasian Economic Union».
Release of coins was devoted to the anniversary
of functioning of the Eurasian Economic Union.
Circulation of gold coins – 500 pieces, silver – 3
thousand pieces..
Buildings of national library of Republic of Belarus in
Minsk, Spasskaya Tower of the Moscow Kremlin and the
Grand Kremlin Palace in Moscow, buildings of the Residence
of the President of the Republic of Kazakhstan in Astana,
buildings of the State Historical Museum of the Kyrgyz
Republic in Bishkek and buildings of Institute of ancient
manuscripts (Matenadaran) of St. Mesrop Mashtots in
Yerevan are represented on the back of a silver coin round
an emblem of the Eurasian Economic Union.
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158
Is the Kazakhstani business
competitive in the Eurasian
economic union? What are
the prospects of economic
integration? Is free turnover
of goods, capital, funds, labor
power and services between
five members of the EEU really
possible?
The director of the international
economic integration department of
the RK Ministry of national economy
Ernar BAKENOV answers these and
other important questions.
– Is the Eurasian union
profitable for Kazakhstan?
– The Eurasian economic
integration makes a significant
contribution to economic
development of our state. The
Eurasian economic union is entirely
based on the economic interests of
the republic without politicization of
integration processes.
Subject of the treaty on Eurasian
economic union are questions
only of economic cooperation,
the principle of sovereign
equality,
equality of rights
and accommodation of the parties
national interests.
It should be mentioned that
the economic potential of the
THE EURASIAN ECONOMIC
INTEGRATION IS AN ACCELERATOR
OF KAZAKHSTAN ECONOMIC DEVELOPMENT
қараша | ноябрь | november № 11 (23)
159
Eurasian economic union with the
population of more than 182 million
people is very considerable. The total
economic volume of the member-
states is 2,2 trillion dollars, foreign
trade turnover is 1 trillion dollars.
The total volume of industrial
output reaches 1,3 trillion dollars.
Economic feasibility of integration
of Kazakhstan into the Eurasian space
is defined by the following facts.
First of all, continental isolation
of Kazakhstan. The geographical
position of the republic far from
seaports decreases opportunities of
access to the Third World Countries
markets, limits opportunities for
economical growth.
We are interested in reduction
of the transport expenses, which
constrain availability of the world
markets and influence on the
diversification of economy.
The Eurasian integration already
brings advantages. Application
of internal Russian railway tariff
at goods transportation from
Kazakhstan to Europe through
seaports of Russia, by calculations,
saves up to 240 million dollars yearly
of our freight forwarders` money.
The total cost of transportations
through Russian ports at application
of a transit tariff is 905 million dollars.
At application of an internal tariff
it makes 662 million dollars. At
transition of the Kazakhstan freights
from transit tariffs to the unified
tariffs of the Russian Railway the
average level of costs reduction on
transit transportations is 26,8%.
Accordingly, the competitiveness
of the Kazakhstan production on
foreign markets increases as well.
Secondly, our republic does not
have sufficient enough capabilities
of the domestic market where the
volume of consumption is only 17
million people.
Besides sufficient expansion of
market borders for businessmen,
creation of the EEU gives additional
opportunities regarding decrease
in transactional and temporary
expenses on border and saving
up a considerable sum of assets
which can be aimed at business
development.
The unified principles of technical
regulation, the common system of
veterinary, sanitary and phytosanitary
security allow to transport
production within territories of the
member-states under the unified
requirements and on equal terms.
All these factors should
become a powerful incentive for
development of new productions on
the territory of the EEU, cooperation
of complementary enterprises and
creation of vertically integrated
corporations. In the long view it
will allow the partner countries to
compete with their production on
the world market.
And, thirdly, we face tendencies
of world economic growth
deceleration, world markets
instability of consumption of the
Kazakhstan main export goods.
Participation of Kazakhstan in
the Eurasian integration process
is one of effective instruments of
economy diversification, attraction of
investments in non-oil sectors.
In 2014 complex the government
took measures for investment
climate improvement. The payment
system of corporate, land and
property taxes was simplified. In 2014
complex measures for improvement
of investment climate were adopted.
The system of payment of corporate,
land taxes and the property tax
is simplified. It was adopted the
principle of «one window», institute
of «the ombudsman investment»,
it is made a compensation from the
state-side up to 30% of investors
capital expenditure after input of
object in exploitation.
I am convinced that along with
formation of the EEU common
market these measures can become
an additional push for attraction of
investments in our republic.
In general, the common
economic benefit of the Eurasian
economic union is an expansion
production distribution area,
establishment of equal access to the
common infrastructure, free turnover
of goods, labor, services and capital.
– How realistic is an aspiration of
the EEU five members to ensure free
turnover of goods, capital, labor and
services?
– Speaking about the existing
tendencies and opportunities for
Kazakhstan, it is necessary to sum up
the experience of functioning in the
conditions of the Eurasian economic
union. In general it was done a
great job directed on creation of a
common economic space with free
turnover of goods, capital, labor and
services.
The integration vector of the
Kazakhstani external economic policy
from EEU to the Customs union, then
– to the Common economic space,
and, at last, to the Eurasian economic
union, which started functioning on
the 1st January, 2015, conforms to a
strategic objective of modernization
and diversification of economy,
increase of its competitiveness and
export potential.
Also regular citizens of the
republic will receive certain
advantages from the Eurasian
integration.
So, a consumer, first of all,
will have a great opportunity in
a choice of goods and services
due to expansion of the range of
production, by virtue of that the
high competition will lead to market
control of the prices on the imported
and local production.
A regular citizen also reaps
a benefit due to expansion of
employment and labor migration
opportunities in general. Free flux
of the human capital allows to save
time and to simplify procedures at
job connection or training in one of
the EEU member countries.
For example, a citizen of
Kazakhstan has the right to stay
in Russia within 30 days without
obligatory registration. All citizens of
the EEU member-states have equal
rights and duties at job connection in
Kazakhstan, Belarus and Russia, with
some exception.
A worker who arrived from
one of the EEU member-states
uses the same professional and
social preferences (the right for
work, for placing children in school
and preschool institutions, for
opportunity to use services of
medical institutions, for obligations
on tax payment), as workers of the
country accepting a labor migrant.
The exception is work in public
service and service in army.
Also, such a question as
formation of a common market of
the capital has a great importance.
During 2014 Kazakhstan attracted
3,7 billion dollars of direct foreign
қараша | ноябрь | november № 11 (23)
160
investments in manufacturing
industry. In this regard the Eurasian
integration has a positive impact on
inflow of investments.
Within the EEU we laid the
basic foundation of interaction
in economic spheres, among
which there are power economy,
pharmaceutics, transport, industry
and agriculture.
In the EEU there will have been
gradually created common markets
in spheres of power industry by 2019,
oil and gas – by 2025. The common
pharmaceutical market on the basis
of the GMP standards will start
functioning in 2016.
Besides, within the Eurasian
economic union it is provided a
gradual formation of the common
market in certain sectors of services.
Liberalization is supposed to
be carried out step-by-step on the
basis of the approved lists of service
sectors.
At the same time liberalization in
certain service sectors will be carried
out according to terms and actions
for harmonization of requirements
in member-states on the basis of the
road maps approved by heads of
states.
These tools can create great
opportunities for development
and strengthening of interregional
contacts and deepening of
economical activity in various
branches of economy.
– What restrictions for free
turnover of goods, capital, labor
and services exist between
Kazakhstan and Kyrgyzstan now?
– Each country expects certain
benefits from economic integration.
In its turn the Kyrgyz Republic
connects the participation in the
Eurasian economic union with hopes
for future inflow of investments,
expansion of sales markets and
development of industrial sector.
Of course, the integration will not
be created overnight.
Transition periods are a necessary
measure, including for adaptation of
economy of the Kyrgyz Republic to
new conditions.
So, the list of good and rates to
which during a transition period the
Kyrgyz Republic applies the rates of
the import customs duties, which
differ from the rates of the duties
established by the Common customs
tariff of the Eurasian economic union
(further – the List of withdrawals),
makes 166 commodity positions.
This list included vehicles,
pharmaceutical and chemical goods,
equipment and some types of
agricultural goods.
Application of the List of
withdrawals by the Kyrgyz party
is supposed from the moment of
transition to rates of the Common
customs tariff of the EEU till 2020.
In general the Kyrgyz party
assumes to apply a rate of 0% (in
certain cases 10%) from customs cost
within the List of withdrawals.
The goods imported within
this List of withdrawals according
to the Customs code of the EEU
are conditionally let out, and it is
applied restrictions on use only in
the territory of the Kyrgyz Republic
to them, and custom control remains
within five years. Transportation of
the specified goods to the territories
of other member-states of the EEU
is possible only after surcharge of a
difference in the duties established
by the Common customs tariff of the
EEU.
The veterinary control will
continue to exist on the Kazakhstan-
Kyrgyz border until the Council of the
Eurasian economic commission will
make decision on approval of system
of veterinary control in the same
mode.
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