October 3, 2018 Kostanay
The object of the internal analysis of corruption risks was the activities of the state institution "Department of Construction, Architecture and Urban Planning of the Akimat of the Kostanai Region" (hereinafter referred to as the Department). An internal analysis of corruption risks was carried out on the basis of the order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption of October 19, 2016 No. 12 in the following areas: 1) the identification of corruption risks in regulatory legal acts affecting the activities of the Office; 2) the identification of corruption risks in the organizational and managerial form of the Office.
The basis for an internal analysis of corruption risks was the order of the head of the department No. 127 dated October 3, 2018. Head of the working group: Makhmutova M.A. (Deputy Head of the Office) Working group: Buiko E.V. (Head of Legal Support and Public Procurement) Mustafina M.K. (head of technical supervision department) Belenko L.P. (Head of Accounting and Finance) Period of conducting an internal analysis of corruption risks: from July 1, 2018 to September 30, 2018
Observed period: activity for the 3rd quarter of 2018.
In the first area - the identification of corruption risks in regulations affecting the activities of the Office
When fulfilling the function of a construction customer in the process of implementing investment projects at the expense of funds from the republican and local budgets, in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities (paragraph 1, paragraph 7 of the Regulation of the State Institution), the Office acts as a customer and organizer of construction works, engineering services
According to Appendix 2 to the tender documentation “Technical specification of the procured goods, works and services to tender documentation (for the customer)” (Order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648 “On approval of the Rules for public procurement”), the technical specifications give full description and the required functional, technical, quality and operational characteristics of the purchased goods (works, services), including the necessary specifications, plans, drawings, sketches.
Thus, when developing the technical specification for tenders, the Office takes into account the current legal acts of the Republic of Kazakhstan.
So, according to paragraph 8 of article 34-1 of the Law of the Republic of Kazakhstan "On architectural, urban planning and construction activities in the Republic of Kazakhstan",
individuals and accredited legal entities, when carrying out technical supervision activities, are required to have measuring and control instruments, regulatory documents and an accredited laboratory (involved) on the right of ownership or lease.
However, in accordance with the Order of the Minister of National Economy of the Republic of Kazakhstan dated November 23, 2015 No. 709 “On approval of the Rules and permitting requirements for the accreditation of organizations providing engineering services for technical supervision and expert work on the technical examination of the reliability and sustainability of buildings and structures on technical and technologically complex facilities of the first and second levels of responsibility ”, for the passage and confirmation of accreditation, applicants must meet certain permissive requirements, including:
have an accredited laboratory on the basis of ownership or engaged (on the basis of an agreement);
to have material and technical equipment, including measuring and control means, necessary for the fulfillment of assigned duties and functions;
have normative, technical and methodological literature necessary for the performance of assigned duties and functions. It follows that accredited organizations providing engineering services for technical supervision (having a valid Accreditation Certificate) comply with the above requirements.
Recommendation: We propose to make appropriate amendments to the Order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648 “On approval of the Rules for public procurement” (similar to public procurement of construction works, where the document confirming the possession of a potential supplier of material and labor resources is appropriate permission (license)), namely:
When conducting public procurement for the provision of engineering services for technical supervision, a document confirming the possession of a potential supplier of material and labor resources is the appropriate permit (certificate of accreditation) issued in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.
In the second direction - the identification of corruption risks in the organizational and managerial activities of the Office
1.1. Personnel management including staff turnover: The total staffing of employees is 28 units.
1.2. Staff turnover: Three employees were relieved of their posts in the 3rd quarter of 2018.
1.3. For the 3rd quarter of 2018, 1 general competition for filling a vacant position was held.
1.4. In the 3rd quarter of 2018, three employees of the Department were brought to disciplinary action in the form of a comment, one of them following an official investigation, two - on the Submission of the Department of the National Anti-Corruption Bureau (Anti-Corruption Service) of the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption in Kostanai areas » There are no administrative employees brought to disciplinary liability for corruption offenses.
1.5. Appeals from individuals and legal entities: The Office for the 3rd quarter of 2018 examined 21 appeals from legal entities and individuals.
1.6. No complaints about employee actions
FINAL PART
Based on the foregoing, the commission concluded that during the internal analysis for the 3rd quarter of 2018:
1. Conflict of interest has not been identified.
2. No evidence of corruption by employees.
3. For the period July-September, there were no applications from legal entities and individuals for the provision of public services.
4. No permissive functions.
5. No negative publications have been identified in the media.
Socially significant information is constantly published on the official website of the Office. There is a helpline. Recommendation: In order to prevent corruption risks, it is necessary to work on an ongoing basis in the field of propaganda of corruption prevention, intolerance to the manifestation of all types of offenses and crimes. Head of the working group: ____________________ Makhmutova M.A. Working group: ____________________ Buiko E.V. ____________________ Mustafina M.K. ____________________ Belenko L.P.