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 Naurzum district" of the veterinary Department of the akimat of Kostanay region
Kostanay June 18, 2020
On the basis of the order of chief GU "Management of veterinary science of the akimat of Kostanay region" (hereafter-the Administration) No. 59 of 15 June 2020 "On its internal analysis of corruption risks" in the period from 16 to 18 June 2020 was carried out internal analysis of corruption risks in the activities of the municipal public enterprise "Veterinary station of nauryzym 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 on the territory of the Naurzum 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 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 February 27, 2020 No. 8, the acting head of the Enterprise is M. Turtaev.
"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 47 people, including 25 veterinary workers, 22-auxiliary and technical staff.
In 2020, 5 people were employed and 1 person was dismissed. The reasons for the dismissal at own will. There are 3 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 no requests from individuals or legal entities.
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 maintain a separate log 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 12, 2020, the Company provided 279 state services "issuance of veterinary certificates", 5269 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 company 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 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 18 of this year, the Company as a customer has concluded 25 (twenty-five) contracts for public procurement, totaling 5694384 (five million six hundred ninety four thousand three hundred eighty four) tenge and 36 tiyn, of which from a single source by direct conclusion of a contract in the amount of 1444713 (one million four hundred forty four thousand seven hundred thirteen) tenge and 44 tiyn; by request of price offers 315483 (three hundred fifteen thousand four hundred eighty-three) tenge, from a single source for existing purchases 3 934 187 (three million nine hundred thirty-four thousand one hundred eighty-seven) tenge.
At the same time, 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.
In addition, the analysis of the contract concluded for 2020 showed that the Company has the facts of approving the act of acceptance and transfer of goods via a web portal without the mandatory attachment of an electronic copy of the invoice by the supplier or the absence of the customer's signature in the invoice confirming the fact of delivery of the goods (Paragraph 426 of the Rules for public procurement). For example, a contract for the purchase of a flag with IP "Mukhin V. A" in the amount of 12,000 tenge, the purchase of office with LLP "Shek A. A" in the amount of 3850 tenge.
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
The analysis carried out at the Enterprise found that the order of the head as a watchman at the Enterprise works Turtaev Murat, who in turn is the natural father of the acting head of the Enterprise Turtaev The Team Of The Republic Of Kazakhstan. Thus, in the current situation, there is a risk of a conflict between the personal interests of persons authorized to perform state functions, persons equated to them, officials with their official powers, in which the personal interests of these persons may lead to improper performance of their official powers
Based on the results of the internal analysis of corruption risks, the working group made the following recommendations:
To The Head Of The Company:
- in order to prevent the occurrence of conflicts of interest in the Company, eliminate the existing contradictions as soon as possible.
- 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.
The security Department of the moving objects, rendering monitoring of public services Management to initiate a letter to the Ministry of agriculture concerning the solution of the integration of the EAC portal of "Electronic 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 support Department Chairman of the working group ______________A. Amankulov
Agreed by the members of the working group:
Head of the Department of biological safety ______________T. Shamshadin
Chief specialist of the financial and economic Department _____________C. Makazhanov