AGREED
Head of the state veterinary Department of the akimat
In Kostanay region"
___________C. Potassium
Analytical information
based on the results of internal analysis of corruption
risks in the activities of the municipal state enterprise "Veterinary station of the Karabalyk district" of the veterinary Department of the Kostanay region akimat»
Kostanay may 22, 2020
On the basis of the order of the head of the state veterinary Department of the Kostanay region akimat (hereinafter referred to as the Department) No. 48 dated may 19, 2020 "on internal analysis of corruption risks", an internal analysis of corruption risks in the activities of the municipal state enterprise "veterinary station of the Karabalyk district" of the veterinary Department of the Kostanay region akimat (hereinafter referred to as the Enterprise) was conducted from may 20 to 22, 2020, in the following composition of the working group:
- head of the Department of legal support and public procurement A. Amankulov
- chief specialist of the financial and economic Department makazhanov K. I.
- chief specialist of the Department of organizational and documentation support tanibayev T. S.
The subject of the Company's activity is the implementation of activities in the field of veterinary medicine.
The purpose of the Company is to conduct veterinary activities on the territory of the Karabalyk district.
To achieve this goal, the Company performs
the following activities:
1) carrying out veterinary measures against especially dangerous, non-infectious and enzootic animal diseases;
2) identification of farm animals;
3) provision of services for artificial insemination of farm animals;
4) provision of services for transportation( delivery), storage of veterinary drugs against particularly dangerous and enzootic animal diseases, as well as transportation (delivery) of products (means) and attributes for identification of farm animals;
5) maintenance of animal burial grounds( biothermal pits), slaughtering grounds (sites for slaughtering farm animals), the construction of which is organized by the local Executive bodies of the relevant administrative-territorial units;
6) capture and destruction of stray dogs and cats;
7) issuance of a veterinary certificate;
8) maintaining a database on identification of farm animals and issuing an extract from it;
9) sampling of biological material and delivery to the veterinary laboratory;
10) provision of services for transporting sick animals for sanitary slaughter.
According to the order of the head of the Department dated March 18, 2020 No. 11, the acting head of the Enterprise is D. S. Zhumabayev.
"Identification of corruption risks in regulatory legal acts and legal acts affecting the Company's activities".
The company is guided by such normative legal acts, the Constitution, Labor Code, Law "On veterinary medicine", Law "On public procurement", Law "On state service in the Republic of Kazakhstan", Law RK "On combating corruption", Law of RK "About order of consideration of physical and legal entities", the Charter of the Enterprise approved by the resolution of akimat Kostanay region No. 45 dated February 3, 2020, and other laws and regulations regulating the activities of the Enterprise.
In the area of "Identification of corruption risks in regulatory legal acts and legal acts affecting the activities of the Enterprise", no corruption risks were identified.
Analysis of staff turnover.
The Company employs 42 people, including 37 veterinary workers, 5-auxiliary and technical staff.
In 2020, 13 people were hired and 15 people were dismissed. The reasons for the dismissal at own will. The main part of dismissals (10 people) falls on the period of work of the former head of the Enterprise. There are 6 vacancies. Despite the vacancies that have been created, the Company has not provided a report on vacancies to the employment center due to the dismissal. Thus, not complied with the requirements of subparagraph 1) of paragraph 2 of article 28 of Law of RK dated 06 April 2016 № 482 "On employment of population", according to which the employer must provide the employment centre for information on availability of jobs (vacancies) within three working days from the date of their appearance, indicating the conditions of work and pay.
Appeals from individuals and legal entities.
From January 01, 2020 to may 20, 2020, the Company received 5 requests for consideration, including 1 request from legal entities and 4 requests from individuals.
Violations of the terms of consideration of appeals from individuals and legal entities were not detected.
At the same time, in violation of article 16 of the Law of the Republic of Kazakhstan "on the procedure for consideration of appeals of individuals and legal entities", the Company does not have a separate record of incoming appeals.
Provision of public services
In accordance with the order of the acting Minister of digital development, innovation and aerospace industry of the Republic of Kazakhstan dated January 31, 2020 No. 39/NC "on approval of the register of state services" in the field of veterinary medicine, the Company provides two state services:
Issuing a veterinary certificate;
Issuance of a veterinary passport.
So, as of may 20, 2020, the Company provided 1129 state services "issuance of veterinary certificates", while there is a fact of non-improvement and lack of integration of the EASU database with the e-government portal. This does not allow citizens to receive these services in electronic format. These circumstances lead to direct contact between the service recipient and the service provider, which subsequently creates conditions for corruption.
In addition, the lack of strict registration of veterinary certificate forms allows anyone to order forms from a printing house and may lead to their falsification, but the legislation does not provide for rules that oblige to keep records of issued certificates, that is, to track their legality through information systems.
Public procurement
The Department conducts public procurement in accordance with the law of the Republic of Kazakhstan dated December 4, 2015 "on public procurement", and 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". Public procurement of goods, works, and services is carried out through the web portal of public procurement in electronic form, and excludes any contact with the supplier. The exclusively electronic format for concluding contracts allowed us to generate complete and reliable information on purchased goods, works, and services on the web portal and determine their average purchase prices.
The introduction of electronic contracts and a number of other rules aimed at simplifying and transparency of public procurement minimizes corruption risks.
As of 20 may of the current year, the Company signed 47 (forty seven) contracts for public procurement, totaling 8093335 (eight million ninety-three thousand three hundred thirty five) tenge 84 tiyn of them from the same source by direct contract in the amount of 2305427,84 (two million three hundred five thousand four hundred twenty seven) tenge 84 tiyn; from the same source on the failed state procurement in the amount of 2761920 (two million seven hundred sixty-one thousand nine hundred twenty) tenge; request for price offers 3025988 (three million twenty-five thousand nine hundred eighty-eight) tenge.
At the same time, the analysis of the contracts concluded for 2020 showed that the Company has the facts of approving the act of acceptance and transfer of goods via the web portal without the mandatory attachment of the supplier's electronic copy of the invoice or the absence of the customer's signature in the invoice confirming the delivery of the goods (Paragraph 426 of the Rules for public procurement).
In addition, according to the contract with IE Tukpatullin Sagingali concluded on March 20, 2020 for the supply of spare parts, the delivery period is specified in March 2020, thus there is a violation of paragraph 22 of article 43 of the Law" on public procurement " which provides for a minimum period of delivery of goods, work, services under the contract on public procurement, which should not be less than 15 calendar days. This period is the period when the supplier fulfills its obligations under the agreement.
Also, in violation of subparagraph 1 of article 4 of the Law RK "On public procurement" in order to optimal and effective spending of money used for public procurement there is not a full package of documents (price proposals) justify conclusion with suppliers contract from a single source through direct imprisonment.
Thus, these facts contribute to creating conditions for corruption risks in the Enterprise, including providing preference to a specific supplier when conducting public procurement.
Conflict of interest resolution
There is no conflict of interest in the Company's activities.
Based on the results of the internal analysis of corruption risks, the working group made the following recommendations:
Company Manager:
- organize separate accounting of incoming requests from individuals and legal entities.
-when conducting public procurement procedures to avoid allegations of acceptance-transfer of goods through the web portal without requiring the attachment of the supplier of the electronic copy of the invoice or the lack of the signature of the customer on the invoice confirming the fact of delivery of the goods, and also prevent the non-compliance of mandatory requirements for the delivery of goods, works and services;
-when conducting personnel records management, strictly observe the requirements for personnel records management;
- prevent early removal of disciplinary penalties for the purpose of subsequent bonuses for employees.
To the Department of security of moved objects, monitoring of public services of the Department until June 30, 2020 to initiate a letter to the Ministry of agriculture of the Republic of Kazakhstan regarding the issue of integration of the EASU database with the portal " E-government»;
The Department of legal support of the Department is constantly informed about changes in legislation, as well as conduct constant explanatory work on compliance with the legislation on civil service and the code of Ethics of civil servants
.
Head of legal Department
chief Executive officer
working group ________________A.Amankulov
Agreed by the members of the working group:
Chief specialist of the financial-economic
Department _______________K.Makazhanov
Chief specialist of the Department of organizational and
documentation support __________________Т. Тanibaev