Analytical report
based on the results of the internal analysis of corruption risks
in the activities of the State Institution "Department of Religious Affairs of the Akimat of Kostanay Region" and the State Institution "Center for Research on Religious Problems"
Department of Religious Affairs of the Akimat of Kostanay Region
Kostanay June 12, 2024
In accordance with paragraph 5 of Article 8 of the Law of the Republic of Kazakhstan dated November 18, 2015 "On Combating Corruption", Methodological recommendations for conducting an internal analysis of corruption risks, approved by the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated December 30, 2022 under No. 488, an internal analysis of corruption risks was carried out in the State Institution "Department of Religious Affairs of the Akimat of Kostanay Region" (hereinafter referred to as the Department) and the State Institution "Center for Research on Religious Problems" of the Department of Religious Affairs of the Akimat of Kostanay Region (hereinafter referred to as Center).
The object of the internal analysis of corruption risks (hereinafter referred to as the Analysis) is the activities of the Directorate and the Center.
In order to conduct an internal analysis of corruption risks in the activities of the Directorate and the Center, by order of the head of the Directorate No. 31 o-d dated June 10, 2024, the composition of the working group was approved: head of the department for work with religious associations Abdiyev Sapargali Akimbekovich; head of the administrative department Temirgaliyeva Kalamkas Amangeldinovna; chief specialist of the administrative department Ermentayeva Gulmira Soldatovna; expert Utebayeva Dinara Kairbekovna - chairperson of the public foundation "Civil Alliance "GrIn".
The internal analysis of corruption risks was carried out in accordance with the Model Rules for Conducting an Internal Analysis of Corruption Risks, as well as methodological recommendations for conducting an internal analysis of corruption risks, approved by the order of the Chairman of the Agency of the Republic of Kazakhstan for Combating Corruption.
The period of the internal analysis of corruption risks in the Directorate from July 1, 2023 to June 12, 2024, the Center from May 2023 to May 31, 2024.
The main activity of the Directorate is the implementation of state policy in the field of religious activity.
The main activity of the Center is the organization of work on the prevention of terrorism, counteracting the spread of the ideology of terrorism, extremism in the information space and society as a whole, ensuring effective interaction between government agencies and public associations to strengthen interfaith harmony,
studying and analyzing the activities of religious associations created in the territory of the Republic of Kazakhstan.
The purpose of the analysis is to counteract and eliminate corruption in the Directorate and the Center.
The objective of the analysis is to identify the conditions and causes that contribute to the commission of corruption offenses, and eliminate their consequences in the activities of the Directorate and the Center.
According to paragraph 15 of the Rules for Conducting Internal Analysis of Corruption Risks, the sources of information for conducting internal analysis of corruption risks are:
1) legal acts and internal documents regulating the activities of the object of analysis;
2) statistical reporting on the activities of the object of analysis;
3) data from information systems of state and law enforcement agencies on the activities of the object of analysis, obtained in the manner prescribed by the legislation of the Republic of Kazakhstan;
4) results of inspections previously conducted by state bodies in relation to the object of analysis;
5) results of control measures of internal control services;
6) results of anti-corruption monitoring;
7) publications in the media;
8) appeals from individuals and legal entities in relation to the object of analysis;
9) information on bringing officials of the object of analysis to justice for committing corruption offenses, including submissions to eliminate the circumstances that contributed to the commission of a criminal offense and other violations of the law;
10) decisions of judicial bodies in relation to the actions of employees of the object of analysis, the plot of criminal cases; 11) results of a previously conducted external analysis of corruption risks;
12) results of a previously conducted internal analysis of corruption risks;
13) results of a survey of employees, workers of the object of analysis;
14) other information, the submission of which is not prohibited by the legislation of the Republic of Kazakhstan.
List of projects: conducting an internal analysis of corruption risks.
1.1. Implementation of basic functions.
Regulatory framework: Constitution of the Republic of Kazakhstan, Labor Code of the Republic of Kazakhstan, Administrative Procedural Code of the Republic of Kazakhstan, Civil Code of the Republic of Kazakhstan, On Taxes and Others
Обоснование
mandatory payments to the budget (Tax Code), the Laws of the Republic of Kazakhstan "On Public Procurement", "On Combating Corruption", "On Religious Activity and Religious Associations", "On Public Services", as well as other legislative acts regulating the activities of the Department and the Center.
Corruption risks
In the current legislation of the Republic of Kazakhstan in the field of religious activity, there is a legal gap in relation to religious terms, for example, "clergyman". In accordance with the Law of the Republic of Kazakhstan "On Religious Activity and Religious Associations" (hereinafter referred to as the Law), the concept of a clergyman is a person authorized by the relevant religious association for spiritual, preaching service. However, this term does not fully disclose the meaning, responsibilities, functions and powers for this position. There is no specific explanation of what category of clergyman an imam, rector or a parishioner of a religious association belongs to. Also, the Law does not contain the concepts of "parishioner", "spiritual rank".
This legal gap in the legislation of the Republic of Kazakhstan leads to misunderstandings and litigation between believers of religious associations and employees of state bodies. In accordance with subparagraph 6) of paragraph 1 of Article 36 of the Law of the Republic of Kazakhstan "On military service and the status of military personnel", believers justify their refusal to be called up for military service in the Armed Forces of the Republic of Kazakhstan by serving in a religious organization. Based on this, complaints are received against state bodies about illegal conscription for military service.
Recommendations for elimination
The Department for Religious Affairs has repeatedly sent letters to the Committee for Religious Affairs of the Ministry of Culture and Information of the Republic of Kazakhstan with a petition to amend the Law in terms of a precise definition of the main concepts in paragraph 3) of Article 1 of Chapter 1 of the Law. Currently, these amendments are under consideration in the Parliament of the Republic of Kazakhstan.
Identification of corruption risks in current legal acts adopted by the Department. Legal monitoring was carried out in relation to 4 legal acts:
- Resolution of the Akimat of the Kostanay region dated September 24, 2012 No. 410 "On approval of the location of special stationary premises for the distribution of religious literature and other information materials of religious content, religious items";
- Resolution of the Akimat of the Kostanay region dated December 27, 2021 No. 596 "On approval of the Regulation on the state institution "Department of Religious Affairs of the Akimat of the Kostanay Region";
- Resolution of the Akimat of the Kostanay region dated March 10, 2022 No. 111 "On Amendments to the Resolution of the Akimat of the Kostanay Region dated December 27, 2021 No. 596 "On approval of the Regulation on the state institution "Department of Religious Affairs of the Akimat of the Kostanay Region"; - Resolution of the Akimat of the Kostanay region dated March 27, 2023 No. 120 “On Amendments to the Resolution of the Akimat of the Kostanay region dated December 27, 2021 No. 596 “On Approval of the Regulation on the State Institution “Department of Religious Affairs of the Akimat of the Kostanay Region”. The monitoring established the absence of shortcomings in the norms of law and
corruption risks. According to these legal acts, legal monitoring is carried out quarterly and information is sent to the state and legal department of the Akim's office of the Kostanay region.
Identification of corruption risks in internal documents (hereinafter referred to as ILD).
Structural subdivisions of the Department: the administrative department and the department for work with religious associations, the Center carry out their activities in accordance with the Constitution and Laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, as well as: Regulations on the Department and the Charter of the Center, on departments, approved by orders of the head of the Department and the director of the Center.
Administrative documents are issued and executed in accordance with the requirements of the Resolution of the Government of the Republic of Kazakhstan dated October 31, 2018 No. 703 "On approval of the Rules for documentation, documentation management and the use of electronic document management systems in state and non-governmental organizations" (hereinafter referred to as the Rules).
The following document forms are used in organizations: the official colored letterhead of the Administration and the Center, the official colored order form in accordance with the State Standard, with the name of the Republic of Kazakhstan in Latin. Document forms are used strictly for their intended purpose, journals are kept on them, and they are issued against signature. Paper forms correspond to the electronic version of the form. The Administration also uses forms for registration (re-registration) of persons engaged in missionary activities. All forms are purchased through the Web portal of state purchases by requesting price proposals, including from organizations of persons with disabilities.
Orders and decisions of a legal nature are formalized by orders on operational, organizational, personnel, main and other issues of the activities of the Directorate and the Center. Orders are developed and adopted in the state language with an authentic translation into Russian.
In accordance with the Rules, used strict reporting forms are subject to accounting and reporting. Damaged forms are destroyed by an act based on the decision of the current commission for writing off inventory items of the Directorate and the Center.
Corruption risks
Not detected.
Justification
Recommendations
Comply on an ongoing basis with the legislation in the field of record keeping in the internal documents of the Directorate and the Center.
2.1. Provision of public services
In accordance with the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated March 31, 2020 No. 97 "On approval of the Rules for the provision of public services in the field of religious activity", the department for work with religious associations of the Department of Religious Affairs of the Akimat of Kostanay region provides 4 public services in electronic form:
approval of the location of special stationary premises for the distribution of religious literature and other information materials of religious content, religious items, and also coordinates the location of premises for holding religious events outside religious buildings (structures);
registration and re-registration of persons carrying out missionary activities;
decision on the construction of religious buildings (structures), determining their location;
decision on re-profiling (changing the functional purpose) of buildings (structures) into religious buildings (structures).
All public services are automated, service recipients can receive these services through the "e-licensing" portal. There were no complaints about employees providing public services. There are no violations of the terms of provision of public services.
In 2023, 36 public services were provided, of which 34 were for registration and re-registration of persons carrying out missionary activities and 2 for the construction of religious buildings (structures).
Over the past period of 2024, 9 public services were provided - registration and re-registration of persons carrying out missionary activities.
The result of registration and re-registration of persons carrying out missionary activities is the issuance of a color form of the established certificate with the image of the Coat of Arms of the Republic of Kazakhstan, the certificate number, the full name of the missionary and the territory of missionary activities, religious affiliation, validity period, date of issue of the certificate, signature of the head and the official seal of the Department.
The result of issuing a decision on approving the location of special stationary premises for the distribution of religious literature and other information materials of religious content, religious items, and also agrees on the location of premises for holding religious events outside religious buildings (structures) is a resolution of the Akimat of the Kostanay region.
The result of permission to build religious buildings (structures), determine their location, as well as re-profiling (change the functional purpose) of buildings (structures) into religious buildings (structures) is also a resolution of the Akimat of the Kostanay region.
In 2023, no resolutions were issued. During the expired period of 2024, no resolutions of the akimat on permission to construct religious buildings (structures) were issued.
The provision of public services, the implementation of permitting and control functions in the Center are not provided for by the current legislation.
Corruption risks: not detected
Justification
Recommendations for elimination
2.2. Personnel policy
Personnel management, including staff turnover.
As of June 01, 2024, the staffing level of the Department is 5 units, part-time employees - 4.5 units, vacancies - 0, turnover - 1. Compared to last year, the staffing level is 5 units, part-time - 4.5 units, vacancies - 0, turnover - 1.
When hiring potential employees in accordance with Art. 32 of the Labor Code of the Republic of Kazakhstan, the necessary package of documents is provided for the conclusion of an employment contract, and also in accordance with Art. 66 Administrative Code of the Republic of Kazakhstan provides information from the "Information Service" of the KPSiSU GP of the Republic of Kazakhstan.
The staffing level of the Center is: 28 units, actual - 20.5.
Hired employees:
for May 2023 to December 2023 - 5 people (1 -B-3-4, 2-C-2,
2 technical personnel);
for January 2024 to May 2024 - 6 people (1 -B-24 at 0.5 rate, A-3, 2 - C-2, 3 technical personnel).
Dismissed employees:
for the period from May 2023 to December 2024 - 6 people (2-C-2 technical personnel);
for January 2024 to May 2024 - 5 people (1 - A-3-2, 4 - technical personnel).
Vacancies - 7.5 (3.5 specialists, 4 technical personnel).
As part of the general declaration, all employees submit declarations of income, expenses and property in a timely manner.
Disciplinary practice.
No disciplinary sanctions were imposed on the employees of the Department and the Center during the analyzed period. Labor and executive discipline are under constant control. No negative information was posted in the media regarding the employees of the Department and the Center.
There are no facts of dismissal for negative reasons for 2023 and for the expired period of 2024. In accordance with the current legislation of the Republic of Kazakhstan, employees have adopted anti-corruption restrictions.
The Ethical Code of Civil Servants of the Republic of Kazakhstan
(Rules of Official Ethics of Civil Servants) was not violated by employees. As part of the advanced training of civil servants for the 2nd half of 2023 and the expired period of 2024, the following employees of the Department were trained:
Temenov E.O. (Head of the Department), topic: "Sustainable Development of the Region: Policy and Programs", Kostanay, as well as on countering religious extremism and terrorism, Almaty;
Otashev A.Zh. (chief specialist) topic: "Debureaucratization and improving the quality of public services", Kostanay, as well as on combating religious extremism and terrorism, Almaty.
The following employees of the Center underwent advanced training:
B.S. Bukeev (director of the Center) - "Technology of information influence of religious extremism and terrorism";
D.A. Disyukov (head of department) topic: "Technology of information influence of religious extremism and terrorism";
Corruption risks
1) small staff in the specialized department of the Directorate;
2) hiring unqualified specialists to the staff of the Center (theologians, psychologists).
Justification
In accordance with the Decree of the President of the Republic of Kazakhstan "On some issues of optimizing the limits of the staffing level of local executive bodies and entities of the quasi-public sector" dated July 28, 2021 No. 633, the resolution of the Akimat of the Kostanay region "On amendments to some resolutions of the Akimat of the Kostanay region on the limits of the staffing level of local executive bodies" dated November 15, 2021 No. 517, by the order of the head of the Department dated November 30, 2021 No. 26, 1 administrative civil servant from the relevant department (department for work with religious associations) was dismissed.
This circumstance implies a shortage of competent employees in the relevant department and carries risks for the prevention of religious extremism and terrorism.
Recommendations for elimination
In the first half of 2024, the Department initiated an increase in staff by 1 unit. However, the Akimat of the Kostanay region refused to provide a staff unit in the specialized department of the Department.
Conflict of interest
When analyzing anti-corruption risks, no facts of affiliation in occupying vacant positions by close relatives directly subordinate to the head of the Department and the Center were identified.
Corruption risks: not identified.
Justification
Recommendations for elimination
Identification of corruption risks in financial and economic activities.
Organizational and managerial activities of the Department are carried out by the administrative department.
For 2024, the Department was allocated 225,939.0 thousand tenge, of which 55,381.0 thousand tenge was allocated to ensure the activities of the Department for 2024. As part of the implementation of the state social order for 2024, an amount of 8,983.0 tenge was allocated.
Three applications from potential suppliers were submitted through the competition for the lot "Organization of events to prevent religious extremism and terrorism", two applications for the lot "Organization of the activities of the Center for Assistance to Victims of the Activities of Destructive Religious Movements", three applications for the lot "Organization of events to prevent religious extremism and terrorism among minors".
As a result of the competition, all three lots were raffled off and contracts were concluded with service providers. The amount of savings was 29,000 tenge.
The annual public procurement plan is specified and approved in the manner and form determined by the rules for the implementation of public procurement. The annual public procurement plan (preliminary annual public procurement plan) is approved (specified) strictly in the amount corresponding to the budget (development plan) or individual financing plan in aggregate according to the specifics of the economic classification (expense items) for which it is required to conclude public procurement contracts.
For 2024, 161,575.0 thousand tenge were allocated to ensure the activities of the State Institution "Center for Research of Religious Problems" of the Department of Religious Affairs, of which 28,612.6 thousand tenge were allocated for activities to prevent religious extremism and terrorism.
Over the past period of 2024, the Center concluded 31 contracts for the amount of 47,207,021.91 tenge.
In total, as of June 24, 2024, the Department concluded 35 contracts for a total of 13,174,647.8 tenge.
3 contracts concluded from one source by direct conclusion:
- based on subparagraph 36 of paragraph 3 of Article 39 of the Law of the Republic of Kazakhstan "On public procurement", training services (training/training/preparation/retraining/advanced training), supplier - Kostanay branch of the ASU under the President of the Republic of Kazakhstan. Acquisition of these services from a person determined by the laws of the Republic of Kazakhstan;
- based on subparagraph 3 of paragraph 3 of Article 39 of the Law of the Republic of Kazakhstan "On public procurement", services for servicing the software product "Parus-KAZ.Budget" (Budget financing), supplier LLP "Parus-KAZ". These services are objects of intellectual property of the person who has exclusive rights in relation to the purchased goods, services, as well as work on adjusting the pre-project or design and estimate documentation from the person who developed this pre-project or design and estimate documentation;
- on the basis of subparagraph 36 of paragraph 3 of Article 39 of the Law of the Republic of Kazakhstan "On public procurement", Special postal service services, supplier - Branch of JSC "Kazpost" - Republican Special Communication Service". Purchase of these services from a person determined by the laws of the Republic of Kazakhstan.
Suppliers who have evaded their obligations have not been identified.
Performance under concluded contracts with suppliers of goods, works and services is under strict control.
2.3. Digitalization of processes. Document flow.
Documentation accounting.
Documents received through the Unified Electronic Document Management System (hereinafter referred to as the UEDM) to the Office are registered, reviewed and endorsed by the management, and then sent to the performers. Executed documents are registered, sent to the addressee and filed in accumulation folders. Outgoing correspondence is also sent through the UEDM.
To systematize office work in the Office and the Center, a nomenclature of cases has been developed, approved and agreed upon by the EC of the State Archives of the Kostanay Region State Institution (minutes dated 02/21/2022). The nomenclature of cases includes documents issued and received by the Office and the Center. When compiling the nomenclature of cases, we were guided by constituent documents, regulations on structural divisions, and job descriptions of employees.
The analysis also covers the Regulations on the departmental archive and on the expert commission agreed with the State Archives of Kostanay Region. Before being transferred to the state archive for permanent storage, documents generated in the activities of the Department and the Center, having historical, scientific, social, economic, political or cultural significance and included in the established manner in the National Archival Fund, are an integral part of the historical and cultural heritage of the people of Kazakhstan and are protected by the state as a national treasure of the Republic of Kazakhstan.
As part of the digitalization of documents in the Department, documents on core activities and personnel are digitized monthly. The data is sent quarterly to the Department of Informatization, Provision of Public Services, State Archives of the Akimat of Kostanay Region. Currently, 74.9% of the total number of documents have been digitized.
An inventory of documents for the period from 2013-2017 was made and submitted to the state archive. Documents of permanent storage and a storage period of 75 years are stored in the departmental archive, temporary storage documents are destroyed by a destruction act.
Documents received by the Center undergo initial registration, review by management and are sent to executors. Executed documents are registered and sent to the addressee(s).
Corruption risks: not detected
Justification
Recommendations for elimination
2.4. Consideration of appeals from individuals and legal entities.
The Department received 13 appeals during the current period of 2024, while 29 appeals were received during the same period of 2023. Half of the appeals concern the religious sphere, such as the construction of a mosque, the operation of religious buildings, complaints about the dissemination of religious teachings from community representatives, charitable assistance from a representative of a religious association, complaints about the actions of employees of government agencies, and issues of conducting religious studies examinations of books of religious content. The remaining appeals concern the charitable sphere, government procurement, copyright publications, student employment, proposals and recommendations for improving the effectiveness of public policy in the supervised area.
During the period from May 2023 to May 31, 2024, the Center received 2 appeals. The first appeal concerned the category of interaction with Non-Governmental and Public Organizations. The second appeal concerns the holding of cultural events.
All appeals are considered within the framework of the Administrative Procedural Code of the Republic of Kazakhstan. No violations of the review deadlines or redirection of applications within their competence to other organizations were identified. No orders from supervisory authorities or complaints from citizens were received as a result of reviewing applications.
Corruption risks - not detected
Justification
Recommendations for elimination
2.5. Ensuring openness of information
The Administration and the Center post information about their activities on Internet resources: EPIR GO, Instagram, Facebook, Tik Tok, You Tube, VKontakte, aimed at counter-propaganda of the ideas of destructive religious movements, extremism and terrorism, as well as propaganda of the values of Kazakhstani society and clarification of the norms of the legislation of the Republic of Kazakhstan in the field of religion, including on anti-corruption topics. Since the beginning of 2024, 618 placements of 319 materials have been carried out.
In cases of creating materials (videos), the Administration and the Center conduct a religious studies examination in accordance with the requirements of the legislation on religious activities.
Upon the formation of vacancies, information about vacancies and concluded employment contracts with employees is published on the platform "ENBEK Electronic Exchange".
Corruption risks - not identified
Justification
Recommendations for elimination
2.6. Results of anti-corruption and public monitoring
During the analyzed period, draft regulatory legal acts were not issued.
Corruption risks - not identified.
Justification
Recommendations for elimination
2.7. Implementation of control and licensing functions
Licensing functions in the activities of the Department are related to the provision of the previously listed public services. Control functions are not provided for in the Department by the current legislation.
The Center is not vested with the authority to implement control and licensing functions.
Corruption risks - not identified.
Justification
Recommendations for elimination
2.8. Analysis of judicial practice
Analysis of the judicial practice of the Department
There were no lawsuits during the analyzed period.
Analysis of the judicial practice of the Center
There were no lawsuits during the analyzed period.
Corruption risks: not identified.
Justification
Recommendations for elimination
2.9. Information on the results of inspections by supervisory authorities.
No inspections by supervisory authorities were carried out in relation to the Department and the Center during the analyzed period.
Corruption risks: none
Justification
Recommendations for elimination
2.10. Information on the results of inspections by fiscal authorities
During the analyzed period, no inspections by fiscal authorities were carried out in relation to the Directorate and the Center.
Corruption risks: not detected
Justification
Recommendations for elimination
2.11. Information from law enforcement agencies, non-governmental organizations and citizens
No information from law enforcement agencies, non-governmental organizations and citizens was received.
Corruption risks: not detected
Justification
Recommendations for elimination
2.12. Monitoring of the media and other sources of information
There were no publications in the media of negative materials, including facts of corruption against civil servants of the Directorate and employees of the Center.
Monitoring of regional and regional media is carried out on an ongoing basis; materials and publications inciting interfaith hatred, promoting ideas of extremism and terrorism; having a resonant nature, have not been identified. Since the beginning of 2024, 1820 materials related to the religious sphere have been posted in regional and regional media.
Corruption risks: not detected
Justification
Recommendations for elimination
SUMMARY OF CORRUPTION RISKS:
Based on the results of the internal analysis of corruption risks in the State Institution "Department of Religious Affairs of the Akimat of Kostanay Region" and the State Institution "Center for Research of Religious Problems" of the Department of Religious Affairs of the Akimat of Kostanay Region, 3 corruption risks were identified:
General recommendations:
Head of the Department E. Temenov
Head of the Department for Work with Religious Associations of the Department S. Abdiev
Head of the
Administrative Department of the Department K. Temirgalieva
Chief Specialist of the
Administrative Department G. Ermentaeva
Expert, Chairman of the
Public Foundation
"Civil Alliance "Grin" D. Utebaeva