Analytical report on the results of internal analysis of corruption risks in
State Institution "Department of Coordination of employment and social programs of Aktobe region"
Aktobe "___" ________ 2023 year
In accordance with paragraph 5 of Article 8 of the Law of the Republic of Kazakhstan "On Combating Corruption" and the Rules for Conducting Internal Analysis of Corruption Risks approved by Order No. 12 of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption dated October 19, 2016, and also pursuant to paragraph 116 of the National Action Plan for the implementation of the President's Address dated September 01, 2020 on conducting an internal analysis of corruption risks and by order of the acting head of the State Institution "Department for the Coordination of Employment and Social Programs of the Aktobe Region" (hereinafter referred to as the Department) No. 139 dated April 24, 2023, an internal analysis of corruption risks was conducted, according to the following directions:
1.Identification of corruption risks in regulatory legal acts and legal acts affecting the main activities of the Department;
2.Identification of corruption risks in the organizational and managerial activities of the Department:
Analyzed period: from January 1 to June 1, 2023.
In the first direction, the analysis of industry legislation was carried out: The Department is an executive body authorized to ensure and implement state policy in the field of employment of the population, social protection of the population, disabled people, provision of state targeted social assistance to the population, provision of special social services, state services provided by local executive bodies in the field of social protection of the population.
The analysis of industry legislation has shown that the law enforcement norms do not create conditions for the commission of corruption acts. The process of developing and making managerial decisions does not affect the rights and legitimate interests of citizens.
Thus, in the regulatory legal acts affecting the main activity of the Department, discretionary powers and norms that contribute to the commission of corruption offenses, creating
corruption risks and administrative barriers, legal gaps that create the possibility of arbitrary interpretation of regulatory legal acts have not been identified.
In the second direction, the analysis showed that there is a practice of early removal of disciplinary penalties from civil servants immediately before the incentive in the form of bonuses. For the period from January to June 2023, 2 disciplinary penalties were imposed on administrative civil servants of the Department (2 – comments).
For reference:
|
Full name of the order on the imposition of a disciplinary penalty. |
An order for the early lifting of a disciplinary penalty. |
The period of validity of the imposed penalty. |
The order on encouragement of the Adm.state employee. |
Full name of the order on the imposition of a disciplinary penalty. |
|
Suyunshalina E.A. |
№83 23.12.2022 (reprimand). |
№3 28.02.2023. |
68 days. |
№148 03.03.2023г. |
|
Koishybai R.K. |
№12 от 04.04.2023г. (remark). |
№18 от 28.04.2023г. |
25 days. |
№312 02.05.2023г. |
|
Urumbayev D.A. |
№32 30.05.2023. |
|
|
|
Early removal of disciplinary penalties creates conditions for their formal application moreover, under these circumstances, the goals of disciplinary punishment in the education of the person who committed the offense, in the spirit of proper performance of their official duties, as well as the prevention of new offenses are not achieved, which in turn levels the preventive purpose of punishment.
At the same time, it should be noted a regulatory gap in terms of industry legislation.
Thus, the Rules for imposing disciplinary penalties on civil servants (approved by the Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 152 "On Certain issues of public service" (hereinafter referred to as the Rules for Imposing Disciplinary penalties) do not regulate the minimum recommended period for the removal of disciplinary penalties, as well as specific grounds for its removal.
According to paragraph 82 of the Rules for Imposing a Disciplinary Penalty, a disciplinary penalty may be lifted before the expiration of six months if an administrative civil servant has not committed a new offense and at the same time has shown himself to be a conscientious employee.
The discretionary wording "may be withdrawn" gives the management the right to make a subjective choice in making an alternative
decision, and the criterion of "good faith", its scope, and application are also left to the discretion of authorized persons.
The above-mentioned Rules do not provide for the minimum possible period of early withdrawal, which is why it follows from the literal interpretation of the requirements of these Rules that early withdrawal can be applied at any stage of the six-month period, if the employee has not committed a new offense.
In this connection, in order to improve performance discipline, awareness of the measure of responsibility, the working group recommends that the practice of early removal of disciplinary penalties be applied only in exceptional cases (in submissions to specify in detail the achievements of the employee, indicators, etc.), carefully (carefully) consider issues of punishment and encouragement of employees.
Corruption risks: Discretionary authority to variatively make a decision on the early removal or non-removal of a disciplinary penalty, which creates a threat of selective enforcement.
Recommendation No. 1:
of establishing at the legislative level the minimum recommended time limit for the removal of disciplinary penalties from administrative civil servants.
The management has its own personal page (tab). On the personal Management page (link to the page https://www.gov.kz/memleket/entities/aktobe-social?lang=ru ) the section "Anti-Corruption Policy" contains information about the ongoing work on combating corruption.
A helpline has been established through which citizens can file complaints about illegal actions of officials and employees of the Department, subordinate organizations, or when faced with facts of corruption or offenses that create conditions for corruption on issues within the competence of the Department. During the period January-June 2023, there were no complaints about the helpline.
In the administrative building of the Department, the front office of "Adaldyk Alany" and the Open-space office for the reception of citizens are open and functioning, there are stationary video cameras of the video surveillance system installed in the corridor, as well as in the room where incoming correspondence and appeals of individuals and legal entities are received. There are no video cameras in the offices. There is also a special mailbox for letters and appeals of citizens. There is a specialized access control system (ACS).
Public procurement.
In accordance with the Law of the Republic of Kazakhstan dated December 4, 2015 "On Public Procurement" (hereinafter – the Law), 90 public procurements were conducted on May 18, 2023, including:
|
From one source by direct conclusion of the contract. |
001 |
004 |
Total. |
|
5 |
3 |
8 |
|
|
Request for price offers. |
56 |
24 |
80 |
|
Competition with preliminary qualification selection. |
2 |
|
2 |
|
Total. |
63 |
27 |
90 |
The annual plan includes 102 items in the amount of 21626.8 thousand tenge.
From one source by direct conclusion of 8 purchases in the amount of 8178.0 thousand tenge of which: 7 purchases in the amount of 6254.0 thousand tenge (contracts with monopolists), 1 purchase in the amount of 93.8 thousand tenge – "Database Law" and 1 purchase in the amount of 1830.2 thousand tenge
Maintenance of the software product "Parus-KAZ.Budget" (Budget planning, Budget financing) (based on Clause 3, clause 3 of Article 39, acquisition of goods and services that are objects of intellectual property).
During the internal analysis, no facts of procurement of goods, works and services have been established by direct conclusion of civil contracts (contracts, paid services, etc.) in accordance with the norms of the Civil Code of the Republic of Kazakhstan. When carrying out public procurement of goods, works and services, there are no facts of affiliation, as well as unjustified price overstatement.
Corruption risks: Opacity of counterparty selection.
Recommendation No. 2:
- The Department of Planning and Financing of Budget Programs to strengthen measures to reduce purchases from one source by directly concluding a contract.
Provision of public services.
Responsible structural subdivision of the Department for the provision of services: - "Placing on the waiting list of citizens in need of special social services in stationary organizations";
- "Issuing a referral to a stationary type organization for the provision of special social services" is the department for work with the disabled, providing special social servants and coordinating the work of medical and social service institutions (hereinafter referred to as the Department).
So, according to the service "Queuing disabled people in need of special social services in stationary type organizations", the Department forms a queue for issuing referrals and distributing service recipients in stationary type organizations for the provision of special social services.
At the same time, the Management registers applications from the service recipient's representative for queuing in the general incoming correspondence, after which, without notifying the applicant, they put them on the queue independently, which creates corruption risks in the form of uncontrolled timing of consideration of these applications, due to the absence of an approved procedure for their consideration, establishment of business processes, deadlines and forms of response applicants.
Moreover, the above corruption risks allow officials considering these applications to make decisions based on the results of their consideration at their discretion. Namely, to determine the priority of applicants, while in practice applicants are forced to re-apply to the Office to clarify the queue.
In practice, depending on the onset of the queue, applicants, according to paragraph 5 of Chapter 2 of the Standard for the Provision of Special Social Services in the Field of Social Protection of the Population in a hospital, apply at their place of residence to the employment and social programs departments of districts, cities of regional significance (hereinafter referred to as Employment Departments) for the provision of a guaranteed volume of special social services by submitting a list of necessary documents, after that, a decision (resolution) is made on the provision of special social services by the local executive body (akimat).
Further, after receiving the decision of the Akimat, the applicants verbally apply with a list of necessary documents to the Department for receiving the service "Issuing a referral to a stationary type organization for the provision of special social services", the result of the service is a referral or a reasoned refusal.
According to paragraph 7 of the Standards, after the local executive body makes a decision on the provision of special social services, the Employment Departments at the place of residence send a request to the Department for referral to a stationary type organization. Within one working day from the moment of receipt of the request, the authorized body sends to the Employment Department a referral in case of lack of priority in a stationary type organization or a notification of queuing.
For reference: as of May 19, 2023, such directions were issued to 17 citizens.
Corruption risks: Implementation of functions that have signs of a potential public service. Discretionary powers of officials in determining the priority of issuing referrals to stationary-type organizations for the provision of special social services. Personal contact of the service recipient with the service provider.
Recommendation No. 3:
- The Department should send proposals to the authorized body on the inclusion of the service "Placing on the waiting list of disabled people in need of special social services in stationary organizations" in the Register of Public Services;
- The Department, together with the Employment Departments, exclude the practice of issuing a referral to a stationary type organization based on the applicants' request or make proposals to the authorized body to include the service "Issuing a referral to a stationary type organization for the provision of special social services" in the Register of Public Services.
Responsible structural division of the Department for the provision of services:
- "Issuance and (or) extension of permission to employers to attract foreign labor, as well as the implementation of intra-corporate transfer";
- "Assignment or extension of the status of candace";
- "Issuance or extension of a certificate to a foreigner or a stateless person on the compliance of qualifications for self-employment" is the department for attracting foreign labor and migration (hereinafter - the Department).
The analysis of the process of rendering the state service "Issuance and (or) extension of permits to employers to attract foreign labor" showed that the relevant regulatory legal act are the Rules and Conditions for issuing and (or) extending permits to employers to attract foreign labor, as well as the implementation of intra-corporate transfer, approved by the order of the actingThe Minister of Health and Social Development of the Republic of Kazakhstan dated June 27, 2016 No. 559 (hereinafter referred to as the Rules for Issuing Permits No. 559).
Corruption risks: According to paragraph 6 of paragraph 8 of paragraph 1 of Chapter 2, "The local executive body makes a decision based on the recommendations of the Commission created by the local executive body." However, this service refers to public services that are provided to the service recipient in accordance with the established Standard. In case of unjustified disagreements in the Commission's recommendation and the decision taken by the authorized body, a corruption risk arises.
Recommendation No. 4:
- The Department should send to the authorized body a proposal to establish the status of a public service without consideration by the commission, or withdraw this service from the category of public service.
Corruption risks: According to paragraph 7 of paragraph 1 of Chapter 2, "in case of motivated comments on the submitted documents, the service provider's executor, in accordance with Article 73 of the Administrative Procedural and Procedural Code of the Republic of Kazakhstan, sends a notification of a preliminary decision to refuse to provide a public service, as well as the time and place of the hearing to be able to express the position of the service recipient on the preliminary decision."
However, at the first stage of consideration of the service provider's application, it is not a refusal, but a return of the application on the basis of improper paperwork (the presence of spelling and technical errors when filling out an electronic application), after which the service can be provided in full. In addition, service recipients send the same application several times. This is due to the inability of some layers of citizens of service recipients to work in electronic format. If you leave the link to the point of the APPC, it will create a bureaucratic barrier in the flow of refunds, which will cause misunderstanding on the part of service recipients.
Recommendation No. 5:
- The Department should send a proposal to the authorized body to consider the issue of holding a hearing in accordance with Article 73 of the APPC of reasoned refusals made at the commission for issuing permits.
According to the requirements of the Standard of this state service, in order to obtain a permit to attract foreign labor as part of an internal corporate transfer, the service recipient must provide an electronic copy of the document confirming the employer's sending information about the availability of vacant jobs (vacant positions) to the employment center at the place of employment of foreign labor (provided upon receipt of a permit).
In practice, the service recipient, without waiting for an official response from the TSN about the absence of specialists of the appropriate category in the domestic labor market, submits to the service provider, i.e. the Management for obtaining this public service, only a copy of the document (for example: letters, requests, appeals) confirming the direction of this document by the employer to the TSN, in which he requests information about the availability of free jobs in the employment center.
Although in fact, in order to receive this public service, the service recipient must provide the service provider with an answer (for example: an information letter), issued on the official letterhead of the TSN, about the absence of specialists of the appropriate category in the domestic labor market.
Corruption risks:
- there is a legal gap in the Rules for Issuing Permits No. 559 regarding the requirements for obtaining a permit to attract foreign labor within the framework of an intra-corporate transfer.
Deputy Head of the Department Bisengalieva B.K.
Head of the Department of Planning
and financing of budget programs Mendigarina A.T.
Head of the Department for work
with veterans and citizens equated
to them Kurmanbayeva Sh.Zh.
Acting Head of the Work Department
with the disabled, providing special
social services and coordination of the work
of medical and social institutions Zhubandykova L.T.
Head of the Department for work
with low-income families and
social assistance Zhubanazarova A.B.
Head of the Department for Work
on employment issues Urumbayev D.A.
Head of the Software Department
attracting foreign
labor force and migration Alyonova R.S.