REFERENCE
on the results of an internal analysis of corruption risks in the activities of the State Institution "Department for the Coordination of Employment and Social Programs of Akmola region"
Kokshetau May 23 , 2022
The internal analysis of corruption risks was carried out in the State Institution "Department for the Coordination of Employment and Social Programs of Akmola region" (hereinafter referred to as the Department) on the basis of the order of the Head of the Department No. 75–o dated May 3, 2022, in accordance with the Standard Rules for Internal Analysis of Corruption Risks approved by the order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Counteraction corruption of October 19, 2016 No. 12, in the following areas:
1) identification of corruption risks in regulatory legal acts affecting the activities of the Department;
2) identification of corruption risks in the organizational and managerial activities of the Department.
The general period for conducting an external analysis of corruption risks is from May 3 to May 31, 2022.
Personnel work
The full–time staff of the Department is 31 units, the actual number is 29, vacancies are 1 (permanent).
The turnover of personnel is as follows: since January 2022, 2 employees have been dismissed at their own request. Competitive procedures have been carried out for the occupation of 5 vacant administrative state positions of the "B" corps. The competitive procedures were conducted in accordance with the Rules of the competition for the occupation of an administrative public position of the corps "B", approved by the order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption dated February 21, 2017 No. 40 "On some issues of the occupation of an administrative public position".
Disciplinary practice. In total, since January 2022, 4 civil servants of the Department have been brought to disciplinary responsibility. There is no early removal of disciplinary penalties.
Appointment of directors of subordinate organizations
According to the Standard qualification characteristics of the positions of managers, specialists and other employees of social protection organizations (approved by the order of the acting The Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 25.10.2017 No. 360) the following requirements are imposed on the position of director of a medical and social institution (organization): higher (or postgraduate) (social, pedagogical, medical, legal, economic) education and work experience in the social protection system for at least 3 years or in leadership positions in the type of economic activity corresponding to the profile of the organization for at least 5 years.
To date, the current procedure for appointing directors of the IAS provides for the following stages:
1) verification of documents for compliance with qualification requirements in terms of education, work experience;
2) coordination (interview) with the head of the Department;
3) the issuance of an order for appointment to a position.
At the same time, according to the order of the Minister of Health and Social Development of the Republic of Kazakhstan dated December 25, 2015 No. 1017 "On approval of the Rules for entering the civil service and holding a competition for the vacant position of a civil servant, with the exception of the first head and teacher of the state educational organization", the procedure for entering the civil service and holding a competition for employment is defined the vacant position of a civil servant. This order provides for admission to the civil service in the order of appointment or by competition.
In order to ensure equal access of candidates for the position of director of subordinate organizations, it is necessary to ensure that the vacant position is filled in accordance with the above rules in the order of competition.
Recommendation: the personnel service should study the Rules for entering the civil service and holding a competition for the vacant position of a civil servant, with the exception of the first head and teacher of a state educational organization, and ensure their implementation during the competition for the vacant position of director of a subordinate organization.
Corruption risks in regulatory legal acts
During the analysis, a conflict of laws discrepancy between the norms of two regulatory legal acts of the Law "On Public Procurement" dated December 4, 2015 was revealed (hereinafter – Law) and Government Resolutions "On approval of the list of certain types of goods, works, services Purchased from public associations of Disabled people of the Republic of Kazakhstan and organizations Established by public associations of Disabled people of the Republic of Kazakhstan, Producing and (or) Supplying Goods, Performing works, Rendering services, and Invalidation of Certain decisions of the Government of the Republic of Kazakhstan" dated 31 December 2015 for No. 1181 (hereinafter referred to as the Resolution).
Thus, in accordance with paragraph 54, paragraph 3, Article 39 of the Law, public procurement can be carried out from one source by directly concluding a public procurement contract in the case of the purchase of goods and services from public associations of disabled people and (or) organizations created by public associations of disabled people, in terms of the purchase from public associations of disabled people of the Republic of Kazakhstan and (or) organizations created by public associations of disabled people of the Republic of Kazakhstan, invataxi services.
At the same time, the invataxi service is not included in the list of services purchased from public associations of disabled people approved by the resolution.
The above contributes to the occurrence of collisions in the NPA.
Recommendation: send a letter to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan on the existence of inconsistencies in the Law "On Public Procurement" and Government Decree No. 1181 dated December 31, 2015.
Risks in the activities of the Kandasov Temporary Accommodation Center
In accordance with Article 15 of the Law of the Republic of Kazakhstan "On Migration of the Population", local executive bodies create and organize the activities of adaptation and integration centers of Kandas, temporary accommodation centers.
According to paragraph 5 of the Rules of the temporary accommodation centers, ethnic Kazakhs and displaced persons, as well as their family members, are accommodated in the Center free of charge for temporary residence (ethnic Kazakh and his family members live in the Center until they receive the status of Kandas, the displaced person and his family members until the conclusion of an employment contract with the employer, but no more than 10 calendar days days once).
In the city of Kokshetau, a temporary accommodation center has been created, Kandasov b (4-room apartment, with an area of 60.8 sq. m.).
To date, due to the acceptance of applications for the assignment of the status of Kandas through the NAO "State Corporation "Government for Citizens" at the location, the Temporary Accommodation Center for the settlement of ethnic Kazakhs before obtaining the status of Kandas is not used.
Recommendation: send a letter to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan regarding the further activities of the Center.
Risks in the provision of public services in the field of social security
According to the Register of Public Services, service providers in the field of social security for 23 public services are local executive bodies (18 are provided in an alternative way, 4 through the portal of "electronic government", 1 state corporation).
For the state service "Appointment of state targeted social assistance", one document is not displayed in the information system "E-Halyk" ("information about alimony and (or) the presence of arrears on them for three consecutive months preceding the quarter of the application for the appointment of targeted social assistance"), as a result of which service recipients are forced to personally provide this certificate to the service provider.
These circumstances indicate the formal capabilities of information systems and create additional administrative barriers in the provision of services.
Recommendation: send a letter to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan on the identified conflict in the provision of public services.
The legal gap of the NPA defining the procedure for the provision of public services
The Rules for issuing or extending certificates to a foreigner or a stateless person on the compliance of his qualifications for self–employment, the list of priority industries (Types of Economic activity) and professions in demand in them for self-employment of foreigners and stateless Persons, approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated June 13, 2016 No. 503 (hereinafter - the Rules), the procedure for the provision of public services is defined.
Thus, the commission for assessing the compliance of a foreigner or a stateless person with the requirements for qualifications and level of education, when considering applications and documents of foreigners or stateless persons, checks their compliance with the requirements for qualifications and level of education for professions in demand, in priority sectors of the economy, approved by the authorized body in the manner prescribed by the Rules. The Commission conducts an assessment based on the analysis of documents submitted by a foreigner or a stateless person, as well as the criteria of qualification characteristics provided for in paragraph 10 of the Rules and makes recommendations on the issuance or refusal to issue a certificate to a foreigner or a stateless person, with a reasoned justification of the reasons for refusal provided for in paragraph 12 of the Rules. The Commission's decision is taken separately in respect of each foreigner or stateless person, is drawn up by a protocol and signed by the members of the commission present at the meeting.
However, there is no deadline for the Commission to consider applications and documents of foreigners or stateless persons for compliance with the requirements for qualifications and education level.
Recommendation: send a letter to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan on working out the issue of setting the deadline for consideration of the application by the Commission.
The presence of hidden public services
As part of the analysis of corruption risks in the activities of the Department, a hidden service was revealed.
Thus, it is established that the Department organizes the staffing of entities providing special social services, vocational training, retraining and advanced training of social workers.
According to paragraph 10 of the Rules of certification of social workers in the field of social protection of the population, approved by the Order of the Minister of Labor and Social Protection of the Republic of Kazakhstan dated June 28, 2011 No. 237-o, authorized bodies in the field of social protection of the population of regions, cities of republican significance and the capital create a permanent certification commission to organize work on early certification.
For reference: a social worker who provides special social services in organizations of the social protection system of the population, regardless of the forms of ownership and departmental subordination, on the basis of an application passes an early certification in order to establish or upgrade the category of the position, according to the results of which he is assigned the first, second or highest category.
So, in accordance with the Rules for passing early certification, a social worker submits the following documents to the authorized body of the region, city of republican significance:
- written application in any form (addressed to the head of the Department);
- personal personnel record sheet;
- a copy of the diploma of education certified by the personnel service of the organization;
- a copy of the employment record, certified by the personnel service of the organization;
- a copy of the certificate of certification (if available).
In 2018, 18 social workers passed early certification.
In addition, one of the stages of the certification of a social worker provides for testing for knowledge of the main activity and an interview.
Test questions are developed and approved by the authorized body. The authorized body annually, no later than February 1, approves test questions separately for mandatory certification and early certification. At the same time, in accordance with the protocols of the attestation commission, cases of non-passing of testing have been established (the threshold level has not been reached).
The above circumstances indicate a lack of transparency and objectivity in the conduct of certification, as well as a selective approach to certain candidates.
Thus, the early certification of social workers in accordance with the Law of the Republic of Kazakhstan "On Public Services" has all the signs of a public service.
Recommendation: send a letter to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan on the inclusion of this hidden service in the Register of Public Services.
Risks in providing sanatorium treatment to disabled people and disabled children
According to the Rules for the provision of sanatorium treatment to disabled people and disabled Children, approved by Order No. 26 of the Minister of Health and Social Development of the Republic of Kazakhstan dated January 22, 2015, the provision of sanatorium treatment is carried out by local executive bodies by providing sanatorium vouchers exclusively to disabled people and disabled children according to an individual rehabilitation program for a disabled person.
The current legislation does not provide for the provision of a ticket to an accompanying person.
To date, the issue of providing vouchers for sanatorium treatment to the accompanying person of a disabled child remains relevant.
According to article 16 of the Law of the Republic of Kazakhstan "On Social Protection of disabled persons in the Republic of Kazakhstan", local executive bodies have the right to provide additional types of social assistance.
Currently, the service of sanatorium treatment for disabled children is provided through the Social Services Portal. Accompanying persons (legal representative) pay the cost of a bed and meals at their own expense.
This issue has a social significance among citizens in need. Since disabled children need to be accompanied by one of the parents.
Recommendation: send a letter to the city/district akimats on consideration by local representative bodies of the issue of reimbursement of part of the costs of accompanying one of the parents (guardian) during the stay of a disabled child in a sanatorium in the amount of at least 50% at the expense of the local budget.
Imperfection of the NPA (legal gaps, conflicts) in terms of social protection of disabled people
During the analysis, the Rules for providing disabled people with prosthetic and orthopedic care and technical auxiliary (compensatory) means approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated January 22, 2015 No. 26 (hereinafter referred to as the Rules) were studied.
Thus, according to the current version of paragraph 8 of the Rules, in the event of termination of the activity of an employer-an individual entrepreneur or liquidation of a legal entity, as well as the entry into force of a court decision declaring him bankrupt, prosthetic and orthopedic assistance, TSR and wheelchairs for disabled people who have received an occupational injury or occupational disease due to the employer's fault, are provided at the expense of state budget funds.
However, in paragraph 8 of the Rules there is no norm regulating the procedure for providing prosthetic and orthopedic assistance to disabled people, in case of temporary suspension of the activities of the employer's organization. In addition, this norm is also absent in the Rules for providing sanatorium treatment to disabled people and Disabled Children, approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated January 22, 2015 No. 26.
Thus, during the specified period, the employee remains socially unprotected, which does not comply with the principle of equal opportunities of the UN Convention on the Rights of Persons with Disabilities, approved by Decree of the President of the Republic of Kazakhstan dated December 11, 2008 No. 711.
Recommendation: send a letter to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan on amendments and additions to the order of the Minister of Health and Social Development Of the Republic of Kazakhstan dated January 22, 2015 No. 26 "On some issues of rehabilitation of disabled people".
The absence of a unified interdepartmental automated system regarding the exchange of information
In accordance with the Regulations of the Department, the Department of Employment and Social Partnership monitors and coordinates work to establish a quota of jobs for the employment of persons registered with the probation service and persons released from prison.
For reference: Decree of the President of the Republic of Kazakhstan dated December 8, 2016 No. 387 approved a comprehensive strategy for the social rehabilitation of citizens released from prison and registered with the probation service.
The purpose of the comprehensive strategy is to create a national system of comprehensive re-socialization of persons released from prison and registered with the probation service, conditions for its effective implementation, contributing to reducing the level of repeat crime. Thus, the divisions of the DUIS in the Akmola region provide reporting information regarding persons released from prison and registered with the probation service. The AIS "Labor Market" lacks the function of interdepartmental information interaction with the DUIS in the Akmola region.
Full automation of AIS "Labor Market" will ensure the relevance of reporting information, as well as eliminate duplication of certain types of reporting.
Recommendation: send a letter to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan on the development of a unified interdepartmental automated system regarding the exchange of information.