AGREED
Head of the state veterinary Department of the akimat
In Kostanay region"
___________C. Kaliev
Analytical reference
based on the results of internal analysis of corruption
risks in the activities of the municipal state enterprise "Veterinary station of the Dzhangelda district" of the veterinary Department of the Kostanay region akimat"
Kostanay 10 June 2020
On the basis of the order of chief GU "Management of veterinary science of the akimat of Kostanay region" (hereafter-the Administration) No. 54 dated 04 June 2020 "On its internal analysis of corruption risks" in the period from 08 to 10 June 2020, was conduct an internal assessment of corruption risks in the activities of the municipal public enterprise "Veterinary station Dzhangeldinsky area" of the veterinary Department of the akimat of Kostanay region" (hereinafter - the Company), for the period 01 January 2020 at present, the following members 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.
- head of the Department of biological safety Shamshadin T. K.
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 in the territory of Dzhangelda 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 to 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 69 people, including 48 veterinary workers, 21 auxiliary and technical staff.
In 2020, 7 people were employed and 3 people were dismissed. The reasons for the dismissal at own will. There were no complaints about unjustified dismissal. 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 42 requests for consideration, all 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 June 10, 2020, the Company provided 98 state services "issuance of veterinary certificates", 196 state services "identification of farm animals, with the issuance of a veterinary passport", 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 can lead to their falsification, but the legislation does not provide for rules that require keeping records of issued certificates, that is, tracing 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 conducted 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 June 10 of this year, the Company as a customer has concluded 20 (twenty) contracts for public procurement, totaling 7134395 (seven million one hundred and thirty-four thousand three hundred and ninety-five) tenge and 57 tiyn, of which from a single source by direct conclusion of a contract in the amount of 3799595 (three million seven hundred and ninety-nine thousand five hundred and ninety-five) tenge and 57 tiyn; request for price offers 3334800 (three million three hundred and thirty-four thousand eight hundred) 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 through 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). For example, a contract for the purchase of gasoline with IP " Nurzhan "in the amount of 834400 tenge, with LLP" SKYCOM LTD " in the amount of 6450 tenge.
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 the creation of conditions for corruption risks in the Enterprise, including the provision of preference to a specific supplier during 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:
To The Head Of The Company:
- 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, prevent the non-compliance of mandatory requirements for the delivery of goods, works and services and public procurement to ensure the principle of optimal and effective spending of the money from documentary evidence (the presence of price offer from suppliers not less than 2);
- 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 Office 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
Chairman of the working group ________________A. Amankulov
Agreed by the members of the working group:
Chief specialist of the financial and economic Department _______________C. Makazhanov
Head of the Department of biological safety ________________T. Shamshadin