Analytical report on the results of the analysis of corruption risks based on the results of the 2 nd half of 2020 State Institution "Department of Health Aktobe region"
Guided by paragraph 5 of Article 8 of the Law of the Republic of Kazakhstan "On Combating Corruption" dated November 18, 2015 and also in accordance with "Standard rules for conducting internal analysis of corruption risks" approved by the Order of the Chairman of the Agency for Civil Service Affairs and Anti-Corruption of October 19, 2016 No. 12 and by order of the head of State, "Department of Health Aktobe region" (hereinafter - the Department) of 12.21.2020, the №225ө§1 working group conducted an internal analysis of the risks of corruption (the period from 1 June 2020 to 20 December 2020). The composition of the working group:
The mission of the State Institution "Department of Health Aktobe region": implementation of the state policy in the field of health care, regulation of the provision of medical services to the population of the Aktobe region.
The main tasks of the State Institution "Department of Health Aktobe region" are the implementation of practical programs for the realization of a coordinated and balanced state policy in the field of health care, taking into account the specifics of the region, ensuring the maximum using of opportunities to meet the needs of residents of the region in medical services.
Internal analysis of corruption risks performed in the following areas:
The State Institution "Department of Health Aktobe region" is guided in its activities by the Constitution and Laws of the Republic of Kazakhstan, Decrees and orders of the President of the Republic of Kazakhstan, decisions of the Government of the Republic of Kazakhstan, decrees, decisions and orders of the Akim of the region and the Regulation of the Office, approved by the resolution of the Akimat of Aktobe region dated 11.01.2017 No. 2.
In the course of the internal analysis of corruption risks in the Department, a number of corruption risks were identified regarding the regulatory legal acts (hereinafter - RLA) regulating the scope of activities of the Department.
In accordance with paragraph 2) of Article 27 of the Law of the Republic of Kazakhstan "On Legal Acts" dated April 6, 2016, If a higher-level regulatory legal act is recognized as invalid, the lower-level regulatory legal acts adopted for its implementation shall be recognized as invalid.
So the Code of the Republic of Kazakhstan "On people's health and the health care system" (hereinafter - the Code) was adopted on July 7, 2020 and entered into force after ten calendar days from the date of official publication. The Regulation of the Department was developed on the basis of the Code, which has become invalid.
In paragraph 16 of the Regulations define the functions that do not meet the standards of the Code:
Paragraph 21 establishes the Powers of the head of the state institution Department. On the basis in subparagraph 2) paragraph 21, the Head of the Department, in accordance with the legislation of the Republic of Kazakhstan, appoints and dismisses the heads of subordinate organizations and their deputies, takes incentives and imposes penalties on them.
In accordance with subparagraphs 1-1), 2), 2-1) of Article 149 of the Law of the Republic of Kazakhstan "On State Property", the Supervisory Board conducts a competition for the vacant position of the head, solely performing the functions of the executive body, or the head of the collegial executive body in the manner determined authorized body in the field of health. Based on the results of the competition, it submits to the authorized body of the relevant industry (local executive body) a candidate for appointment as the head, solely performing the functions of the executive body, or the head of a collegial executive body. In the established practice, there is a lack or inadequate regulation of competitive (auction) procedures.
Recommended: to develop and adopt a new Regulation of the Department, regulating activities in accordance with the newly adopted legislation of the Republic of Kazakhstan until 15.02.2021.
In the second direction - identification of corruption risks in the organizational and management activities of the Department:
The staffing of the Department as of 01.01.2020 is 33 units, the actual number is 27 units.
Of the total number of employees of the Department: hired in 2020 - 5; 1 employee was appointed based on the results of an internal competition among civil servants of this state body (from the position of chief specialist of the accounting department to the position of chief specialist of the drug supply department). 6 employees were dismissed for various reasons: according to the end of the contract; appointment to a managerial position in subordinate and private medical organizations; for health.
The experience of civil servants in health departments is on average more than 3 years. For a number of employees who quit, one of the main reasons for quitting is low wages and high workloads.
No violations of the adopted anti-corruption restrictions and prohibitions established for officials by the current legislation (including transferring commercial organizations to trust management, etc.) have been established. In the personal files of civil servants there is a text of taking the oath, sheets of familiarization with the norms of Ethics of civil servants of the Republic of Kazakhstan, restrictions, a memo on the delivery of gifts received by persons holding a responsible position to the authorized body for state property management or local executive bodies. 2 civil servants were brought to disciplinary responsibility in the form of remarks and reprimands for improper performance of official duties. The facts of violation of the norms of professional ethics have not been established.
Nowadays in 2020 the Department has received 752 applications, of which: from legal entities - 284, individuals - 468.
Most of the requests were received on health care and public procurement issues.
In all the considered applications, the applicants were advised about the need to go to court in case of disagreement with those adopted on the basis of paragraph 1 of Article 159 of the Labor Code of the Republic of Kazakhstan and Article 148 of the Civil Procedure Code of the Republic of Kazakhstan.
Recommended: The management of the Department, within the framework of legal comprehensive training, on an ongoing basis to explain to employees the requirements of the Law of the Republic of Kazakhstan "On the Procedure for Considering Applications of Individuals and Legal Entities." In order to strengthen public confidence, publicity and openness of the competitions held for the occupation of administrative public positions, it is advisable to invite representatives of non-governmental public organizations, parties).
Facts joint service (work) close relatives, spouses and in-laws identified in the analysis, create corruption risks.
According to paragraph 1 of article 14 of the Law of the Republic of Kazakhstan "On Combating Corruption", persons holding a responsible public position, persons authorized to perform public functions, and persons equated to persons authorized to perform public functions (with the exception of candidates for the President of the Republic of Kazakhstan, deputies Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of district significance, settlements, villages, rural districts, as well as members of elected bodies of local self-government) cannot hold positions that are directly subordinate to the positions held by their close relatives and (or) spouse, as well as in-laws.
In the Department, the facts of joint service (work) of close relatives, spouses and in-laws have not been established.
Recommended: The Head of the Department, within the framework of legal comprehensive training, bring to the attention of the employees the requirements of the Law of the Republic of Kazakhstan "On Combating Corruption".
The Department provides 1 state service: "Issuance of a license for medical activities." In accordance with Article 8 of the Code, licensing of medical activities, with the exception of forensic medical, forensic narcological, forensic psychiatric examinations, in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications" is the competence of the state body in the field of medical services (assistance, that is, the Committee for Medical and Pharmaceutical Control of the Ministry of Health of the Republic of Kazakhstan. At this time, the Order of the Minister of Health of the Republic of Kazakhstan dated June 1, 2020 No. ҚР DSM-59/2020 "On approval of the Rules for the provision of public services" Issuance of a license for medical activities "and the Decree of the Government of the Republic of Kazakhstan dated On October 23, 2018, No. 669 "On Certain Issues of Licensing of Medical and Pharmaceutical Activities" did not become invalid.
Recommended: The management of the Department to clarify the issue of the implementation of licensing functions due to the absence of by-laws regulating the above powers.
The Department does not realize control and supervisory functions.
6.1. Inspections by other state bodies.
For the 2nd half of 2020, 3 audit reports were submitted to the department. Recommended: Eliminate the comments and take into account the recommendations of the relevant audit bodies carried out in the departments.
Recommendations: While conducting public procurement, observe the principles of the Law on Public Procurement “openness and transparency”, “optimal and efficient use of budget funds allocated for public procurement.
Chairman of the working group Duysenbaeva A.K. / ___________
Members of the working group S.A. Ishniyazov / ____________
Ualieva N.K. / ____________
Esenbaeva G.A. / ___________
Urazova G. Zh. / ___________