TO THE QUESTION OF THEORETICAL AND LEGAL OVERCOMING OF EDUCATIONAL SERVICES PRICE DUMPING IN THE SPHERE OF OCCUPATIONAL SAFETY IN THE REPUBLIC OF KAZAKHSTAN: EXPERIENCE OF FOREIGN COUNTRIES IN CONSOLIDATION OF THE PRINCIPLES OF REGULATION OF RELATIONS
DOI:
https://doi.org/10.52026/2788-5291_2022_69_2_95Keywords:
public procurement, labor protection of employees of organizations and enterprises of the Republic of Kazakhstan, international law, dumping, poor quality of services, labor protectionAbstract
The article presents the results of scientific research obtained during the implementation of the scientific and technical program on the topic: "Risk-oriented organizational and economic mechanisms for ensuring safe work in the conditions of modern Kazakhstan" (IRN OR11865833-OT-21) within the framework of program-targeted funding of research of the Republican Research Institute for Labor Protection of the Ministry of Labor and Social Protection of the Republic of Kazakhstan. Describing the legal procedure for overcoming the price dumping of educational services in the field of labor protection in the Republic of Kazakhstan, the author points to the existence of legal gaps in the organization of the training process for employees of enterprises, the lack of control over economic entities providing educational services by state bodies, the public. In order to prevent accidents that occur in the workplace in the Republic of Kazakhstan associated with injuries, it is proposed, following the example of individual states (the rules of which establish the principles of public procurement, which largely contribute to eliminating the possibility of providing poor quality educational services in the field of labor protection), to fix in Article 4 of the Law of the Republic of Kazakhstan, the principles of professionalism in public procurement, publicity, legality and impartiality in relation to suppliers (contractors). In order to prevent the participation in public procurement of enterprises and organizations providing low-quality services, to encourage fair competition in the educational environment, along with the concept of “Register of unscrupulous participants in public procurement” enshrined in the law, it is proposed to introduce the concept of “Register of qualified suppliers involved in procurement” in which include, among other things, information about unscrupulous companies, unscrupulous individuals, applicants and suppliers involved in public procurement and deliberately dumping prices for educational services in labor protection. According to the author, the above measures will establish equal opportunities for all subjects of economic relations providing educational services in the field of labor protection, improve the quality of services in the field of labor protection.