State institution «Office of Akim of Kurmangazinsky district» On the results of the internal analysis of corruption risks for the second half of 2020 analytical
State institution «Office of the Akim of Kurmangazy district» Kurmangazy district, Kurmangazy village, S.Koshekbayev STR. No. 25, 8(71233) 2-03-34, fax 2-06-90. El.mail: org_otdel_akimat@mail.ru.
In accordance with paragraph 5 of Article 8 of the law of the Republic of Kazakhstan dated November 18, 2015 «Оn combating corruption» and the Order of the chairman of the agency of the Republic of Kazakhstan for Civil Service Affairs and anti-corruption dated October 19, 2016 No.12, the order of the head of the district Akim's office dated January 8, 2021 No.11 «Оn internal analysis of corruption risks» was approved. On the basis of this order, the Chief Specialist of the Department of legal support, work with law enforcement agencies and mobilization training of the district Akim's office M.Imasheva is assigned to conduct an internal analysis of corruption risks in the district Akim's office.
Internal analysis of corruption risks was carried out from January 11 to 15, 2021.
The analysis covered the areas of identification of corruption risks in regulatory legal acts regulating the activities of the district Akim's Office, Personnel Management, conflict of interest settlement, provision of public services, implementation of control and supervisory services and other issues arising from organizational and managerial activities.
When carrying out its activities, the district Akim's Office applies the following normative legal acts:
- «Constitution of the Republic of Kazakhstan» dated August 30, 1995;
- Law of the Republic of Kazakhstan dated January 23, 2001 No.148-II «Оn local public administration and self-government in the Republic of Kazakhstan»;
- Law of the Republic of Kazakhstan dated November 23, 2015 No.416 «Оn public service of the Republic of Kazakhstan»;
- «Code of ethics of civil servants of the Republic of Kazakhstan», approved by the decree of the president of the Republic of Kazakhstan dated December 29, 2015 No. 153.
In the building of the Office of the Akim of Кurmangazinsky district, the Code of ethics of civil servants of the Republic of Kazakhstan, approved by the decree of the president of the Republic of Kazakhstan dated December 29, 2015 No153 is posted in a public place. The duties of the Ethics Commissioner for the district were assigned to the head of the district Akim's Office N.Kaliyev by Order No.357-Р of June 28, 2017.
When identifying corruption risks in the activities of the office, there were no conflicts of interest, employees of the office affiliated with the manager, and there were no violations of the accepted restrictions and prohibitions against corruption.
An analysis of staff turnover and the number of staff and vacant positions was carried out. The staff of the state institution «Office of Akim of Kurmangazinsky District of Atyrau region» is 23 civil servants. Actual number of civil servants for the reporting period 22. total number of vacant positions – 1. Number of dismissed civil servants for the Reporting Period – 1.
By the order of the Akim of the District No.65-P dated February 18, 2019, qualification requirements for administrative public positions were approved. All civil servants meet the approved qualification requirements.
During the reporting period, the facts of joint service (work) of close relatives, spouses and relatives, and the affiliation of hired employees were not revealed. During the internal analysis, 1 fact of improper performance of their official powers was revealed among employees of the Office.
1 material was published in the mass media that exposed illegal actions and negative actions against employees of the office.
In the Office of the Akim of Kurmangazinsky district for the second half of 2020, the district akimat adopted 238 resolutions, the district Akim adopted 18 decisions and 316 orders.
In addition, on normative legal acts registered in the judicial authorities of the District-27 decisions are in force today.
The analysis of these legal acts did not reveal discretionary powers and norms that are prone to corruption, which give rise to the possibility of committing corruption actions or making decisions.
The prosecutor's office and the judicial authorities did not receive any proposals or protests related to this issue.
The district Akim's office does not provide public services and does not have a licensing function. 9 independent departments of the district akimat and the offices of the Akim of 19 rural districts monitor and control the services provided, in particular, monitor the timely and high-quality provision and registration in accordance with the approved standards.
The results of the analysis did not reveal circumstances that contribute to the obstruction of decision-making by officials of the district Akim's office at their own discretion, legal gaps that affect the voluntary interpretation of normative legal acts by individuals and legal entities in the exercise of their rights and legitimate interests.
The existence of discretionary powers and norms has not been established.
III. To identify corruption risks in the activities of the General Department:
In order to conduct an internal analysis of corruption risks, the following normative legal acts and legal acts affecting the activities of the department were studied:
- Law of the Republic of Kazakhstan dated January 12, 2007 «On the procedure for considering appeals of individuals and legal entities»;
- Law of the Republic of Kazakhstan dated July 11, 1997 No.151 «Оn languages in the Republic of Kazakhstan»;
- Law of the Republic of Kazakhstan dated November 16, 2015 «Оn access to information»;
- Resolution of the Government of the Republic of Kazakhstan dated April 17, 2004 No.430 «Оn approval of the rules of electronic document management»;
- Resolution of the Government of the Republic of Kazakhstan dated December 31, 2015 No.1196 «Оn approval of the rules for attributing and working with information to official information of limited distribution»;
- Resolution of the Government of the Republic of Kazakhstan dated September 4, 2002 No.974 «Оn the organization of reception of individuals and representatives of legal entities by central and local executive bodies of the Republic of Kazakhstan».
In the Office of the Akim of Кurmangazinsky district, the General Department of the district Akim's office is responsible for conducting inspections and monitoring compliance with legal requirements for receiving, registering, recording and reviewing appeals of individuals and legal entities.
The duties of the head of the department and specialists include receiving official correspondence, appeals of individuals and legal entities, accounting and control of documents with limited use. The functions of receiving and sending letters, appeals of individuals and legal entities are sufficiently regulated by regulatory legal acts and do not allow creating corruption risks.
Corruption risks may arise due to the personal professional and ethical qualities of employees who receive correspondence, appeals of individuals and legal entities. These employees are in direct contact with citizens, which can be a reason to take risks. In this regard, professionalism, calmness, and the ability to act in conflict situations are important qualities for employees of the Department.
The Committee for Language Development and Socio-Political Work of the Ministry of Culture and Sports of the Republic of Kazakhstan in the district akim's office based on the results of the inspection conducted in November 2019 on compliance with the legislation on languages in the Republic of Kazakhstan.
The department participates in the initial acceptance and registration of documents submitted through the information system «E-licensing» on public services «Permission to use the land for exploration» and «Permission to change the purpose of the land» Applications received during the reporting period - 0.
No violations were detected in the first actions of this public service.
In the second half of 2020, the akim's office of Kurmangazy district received a total of 214 applications. Including: 186 applications from individuals, 28 applications from legal entities.
Also, in 2020, applications were received from higher authorities: 6 from the regional akim's office, 27 from the e-government portal, 1 from the «NurOtan» party, 0 from the regional department of education, 0 from the deputy of the Senate of the Parliament of Kazakhstan.
During the reporting period, 74 out of 214 applications considered were approved; Appropriate answers were given to 140 within the law.
Housing and utilities - 34/2; labor and employment - 7/1; social and pension - 13/1; education, tuition fees - 5; land and land use - 59/33; health care - 3; business - 2; construction - 20/2; financial assistance - 0; economy - 0; sports - 0; agriculture - 2/1; onomastics - 0; public administration issues - 0; other issues - 36/2 (request for help in cleaning the sewer system; family situation; provision of cartridges, Internet, carpets, etc.).
According to the results of the II half of 2020, the number of citizens received by the district akim - 46 people, 43 citizens were given the appropriate oral explanations. In particular, issues of housing and communal services, employment, land and others were discussed.
Also, during the reporting period, the official website of the district akim has not received any applications.
Akim of the district sent a letter to the Atyrau regional department of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan dated January 5, 2021 No08-01-01/18 «On the order of consideration of appeals of individuals and legal entities» in 19 rural districts, 9 independent departments and Report of the district akim's office for the second half of 2020 is sent, monthly act of comparative inspection is submitted.
According to the law, the order of consideration of appeals of individuals and legal entities is controlled, is appeals are answered in the language in which they were received, as well as in two languages. Unique application numbers, IIN numbers are entered and filled in correctly.
During the second half of 2020, no oversight or other acts and recommendations were received from the prosecutor's office and the judiciary.
The standard and regulations of the state service define the complete list of the documents necessary for application, the list of the bases for refusal in acceptance of documents and refusal in rendering of the state service. In this regard, the risk of corruption is low.
ІV. To identify corruption risks in the activities of the department of legal support, work with law enforcement agencies and mobilization training:
For internal analysis of corruption risks, the following regulations and legal acts affecting the activities of the department were studied:
- The Law of the Republic of Kazakhstan «On Anti-Corruption» of November 18, 2015;
- The Law of the Republic of Kazakhstan of July 9, 2004 «On the participation of citizens in maintaining public order»;
- The Law of the Republic of Kazakhstan «On Countering Terrorism» of July 13, 1999;
- Law of the Republic of Kazakhstan «On Counteraction to Extremism» of February 18, 2005;
- Decree of the President of the Republic of Kazakhstan dated December 26, 2014 No.986 «On the Anti-Corruption Strategy of the Republic of Kazakhstan for 2015-2025»;
- Resolution of the Government of the Republic of Kazakhstan dated August 28, 2013 No.876 «On approval of the list of terrorist-vulnerable objects of the Republic of Kazakhstan»;
- Law of the Republic of Kazakhstan dated April 6, 2016 No.480-V «On Legal Acts»;
- Resolution of the Government of the Republic of Kazakhstan dated November 9, 2006 No.1072 «On approval of the Model Regulations on legal services of state bodies of the Republic of Kazakhstan»;
- Resolution of the Government of the Republic of Kazakhstan dated August 29, 2016 No.486 «On approval of the Rules of legal monitoring».
- Resolution of the Government of the Republic of Kazakhstan dated October 6, 2016 No.569 «On development of draft regulations, approval of the rules of their coordination».
Depending on the specifics of its activities, the department systematically studies all the diversity of legislation of the Republic of Kazakhstan in the field of local government and self-government. Legal acts, contracts and other legal documents submitted to the department for examination may be of the most diverse nature: social sphere, housing and roads, transport services, agriculture, land relations, labor relations, civil defense, healthcare, entrepreneurship, economics and finance, public procurement, natural resources, etc. In addition, the department is not a law enforcement in these areas of law, does not implement policies in the field of local government and self-government. In this regard, there are no corruption risks.
The department is a law enforcement officer of civil substantive and procedural law, equal to other subjects of civil law relations (as a party to civil law relations). Corruption risks in this area may not be due to imperfect legislation, but due to violations of executive discipline by employees of the department (violation of deadlines for filing lawsuits, appeals, failure to take action on complaints, violation of other procedural procedures and deadlines).
In this regard, the provisions of the Civil and Civil Procedural Codes of the Republic of Kazakhstan have not been studied in terms of identifying corruption risks.
In addition, the department carries out information dissemination among the population of the district on the prevention of emergencies and civil defense, prevention of corruption, crime prevention, protection of the state border, anti-drug work.
Implementation of these functions requires high professional training and continuous professional development of employees of the department.
Corruption risks may be due to the low level of knowledge in one or another area of public regulation, the low level of urgency in processing the results.
However, the actions of employees of the department are based on the current legislation of the Republic of Kazakhstan. In particular, legal expertise cannot be based on the principles of «I want» - «I do not want», «maybe so» - «maybe not». In any case, the conclusion is based on whether or not the documents submitted for examination are in accordance with the current legislation of the Republic of Kazakhstan. In this regard, there are no corruption risks.
For the internal analysis of corruption risks, the following regulations and legal acts affecting the activities of the inspector were studied:
- In accordance with the Law of the Republic of Kazakhstan dated January 23, 2001 «On local government and self-government in the Republic of Kazakhstan», organizes work related to the election of akims of cities of district significance, villages, settlements, rural districts. In particular, organizes the reception of applications of candidates for akim of the district, obtains the consent of the meeting of the local community in the district and submits the proposal of the district akim to the district election commission;
- Forms voter lists by district in accordance with the Constitutional Law of the Republic of Kazakhstan of September 28, 1995 on Elections in the Republic of Kazakhstan. Develops regulations on the establishment of polling stations in the district, the establishment of places for all candidates to place printed campaign materials;
- In accordance with the Law of the Republic of Kazakhstan «On State Awards» of December 12, 1995, collects documents of candidates for state awards and submits them to the district commission. Documents for the awards «Altyn Alka» and «Kumis Alka» for mothers with many children are collected and submitted to the regional akimat.
Develops and organizes the plan of the district akimat and akimat meetings. Carries out official, labor and other executive interaction with local executive and authorized bodies in connection with official duties.
As a result of the internal analysis of the activities of the district akim's inspector, no corruption risks were identified.
- Labor Code of the Republic of Kazakhstan dated November 23, 2015;
- The Law of the Republic of Kazakhstan dated November 23, 2015 «On public service of the Republic of Kazakhstan»;
- Law of the Republic of Kazakhstan dated December 12, 1995 «On state awards of the Republic of Kazakhstan»;
- Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No.152«On some issues of public service»;
- Order of the Minister of Civil Service Affairs of the Republic of Kazakhstan dated December 29, 2015 No.12 «On some issues of employment in the administrative public position of Corps B»;
- Order of the Minister of Civil Service Affairs of the Republic of Kazakhstan dated December 29, 2015 No.14 «On approval of the Standard Regulations on personnel management (personnel service)».
The position of the Ethics Commissioner is sent to the Department of the Agency for Civil Service Affairs of the Republic of Kazakhstan in Atyrau region on a quarterly basis by the Personnel Management Service.
In 2020, 3 meetings were held on the Code of Ethics with the participation of civil servants, heads of independent departments and akims of rural districts of the district akim's office, among civil servants in the performance of their duties, strict observance of official discipline, honest, impartial and high-quality performance of official duties, rational and efficient use of working time, adherence to the business style of dress in the performance of their duties, as well as, Civil servants were instructed to respect the rules of conduct, to prevent violations of professional ethics, such as personal reception, telephone conversations, polite greetings and rudeness, humiliation of human dignity, inadmissibility of misconduct.
According to the results of the analysis, there are no legal gaps that allow officials of the Unified Personnel Management Service to make decisions at their own discretion, to interfere with the exercise of their rights and legitimate interests of individuals and legal entities, to interpret regulations. The existence of discretionary powers and norms has not been determined.
Conflicts of interest with the head of the department in the direction of identifying corruption risks in the organizational and managerial activities of the department, no negative comments, еmployees of the department work stably, there is no staff turnover, as well as violations of anti-corruption restrictions and prohibitions have not been identified.
The department does not provide public services. The control function is carried out within the staff of the district akim's office to control the observance of labor discipline, ethical standards of employees, this function does not affect the rights and legitimate interests of other individuals and legal entities.
VII. On the department of quality control and organization of public services
In order to identify corruption risks in the regulations and legal acts affecting the activities of the department, the following were studied:
- Law of the Republic of Kazakhstan dated April 15, 2013 «On public services»;
- Order of the Minister of Civil Service Affairs of the Republic of Kazakhstan dated February 16, 2016 No.35 «On approval of the Rules of state control over the quality of public services»;
- Order of the Minister of National Economy of the Republic of Kazakhstan dated December 3, 2014 No.126 «On approval of the Rules for development of standards and regulations of public services».
According to the results of the analysis, there are no circumstances that affect the decision-making of officials of the department, obstacles to the exercise of their rights and legitimate interests of individuals and legal entities, legal gaps that allow them to interpret regulations independently. The existence of discretionary powers and norms has not been determined.
The department does not participate in the provision of public services to service recipients. In addition, the department performs control and supervision functions by monitoring the quality of public services.
Procedures for selection of objects controlled by the Rules of state control over the quality of public services approved by the Order of the Minister of Civil Service Affairs of the Republic of Kazakhstan dated February 16, 2016 No.35, powers of officials making decisions on inspections, the right to object, the adoption of an action plan based on the results of inspections in order to improve the quality of public services provided by the object of control.
Conclusion: Based on the above, no corruption risks were identified in the activities of the state institution «Akim's Office of Kurmangazy district» and no norms that allow corruption risks were identified.