Analytical report on the internal analysis of corruption risks in the KSU "Employment Center" of the Akimat of the Fedorovsky district of Kostanay region.
Internal analysis of corruption risks was carried out in the KSU "Employment Center" of the Akimat of the Fedorovsky district of Kostanay region according to the Standard Rules for conducting internal analysis of corruption risks, approved by the order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption dated 19.10.2016 No. 12 and on the basis of the order of the Director of the KSU "Employment Center" of the Akimat of the Fedorovsky district of Kostanay region dated 07.06.2022 No. 26 "On conducting an internal analysis of corruption risks", an internal analysis of corruption risks was conducted in the Employment Center from June 1 to June 10 2022.
Regulatory legal acts affecting the activities of a public institution -
The Employment Center carries out its activities on the basis of the Charter approved by the resolution of the Akimat of the Fedorovsky district dated 16.01.2017 No. 5. The functions of the Center defined in the Charter comply with regulatory legal acts.
The main regulatory legal acts that the Center is guided by in its activities are: the Constitution of the Republic of Kazakhstan dated 30.08.1995, the Budget Code of the Republic of Kazakhstan dated 04.12.2008 No. 95-IV, the Law of the Republic of Kazakhstan "On Local Public Administration and Self-Government in the Republic of Kazakhstan" dated 23.01.2001 No. 148, the Law of the Republic of Kazakhstan "On Public Service" dated 23.11.2015. No. 416-V, Code of Administrative Procedure and Procedural Code of the Republic of Kazakhstan dated June 29, 2020, Law of the Republic of Kazakhstan "On Public Services" dated April 15, 2013 No. 88-V, Law of the Republic of Kazakhstan "On Public Procurement" dated December 04, 2015. No. 434-V, Resolution of the Government of the Republic of Kazakhstan dated 31.12.2015 No. 1193 "On the system of remuneration of civil servants, employees of the organization maintained at the expense of the State budget, employees of state-owned enterprises", Law of the Republic of Kazakhstan dated 06.04.2016 No. 482-V "On Employment", order of the Acting Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated 31.01.2020 No. 39 "on approval of the register of public services", .order of the acting The Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 7, 2022 No. 46 "On amendments and additions to the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated June 14, 2016 No. 516 "On some issues of employment promotion"", the order of the acting The Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 7, 2022 No. 47 "On approval of the Rules for organizing and financing measures to promote entrepreneurial initiative", the decision of the Fedorovsky district Maslikhat "On the district budget of the Fedorovsky district for 2022-2024" dated December 27, 2021. No. 75, Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 28, 2020 No. 197 "On approval of the Rules for the provision of public services in the provision of special social services." order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 25 No. 84 "On some issues of the provision of public services in the social and labor sphere". Order of the Minister of Social Protection of the Population of the Republic of Kazakhstan dated June 19, 2018 No. 259. "On the approval of the Rules for the Registration of job seekers, the unemployed and the implementation of labor mediation provided by employment centers."
Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 165 dated 26.03.2015 "On approval of standards of special social services in the field of social protection of the population", Law of the Republic of Kazakhstan dated 17.07.2001 No. 246 "On State targeted social assistance", Rules for the appointment and payment of state targeted social assistance, approved by Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated 05.05.2015 G. No. 320, Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 28.07.2009. No. 237-p "On approval of the Rules for calculating the total income of a Person (family) applying for state targeted social assistance", Law of the Republic of Kazakhstan dated 18.11.2015 No. 410-V "On Combating Corruption".
Based on the results of the analysis of regulatory legal acts regulating the activities of the Employment Center, conflicts, gaps, discretionary norms were not identified. The presence of functions that have signs of public services that contribute to the commission of corruption offenses revealed the following:
According to the results of the analysis, public services have been identified, which, according to the Register, are provided on an alternative basis (Registration of job seekers, Registration of the unemployed,).
However, there are a number of problems (independent of the service provider) that do not allow the provision of the state service "Registration of job seekers" to be transferred to an electronic format in 100% volume. Namely, according to pp. 1), item 13 of the ZRK "On Employment of the Population" dated April 6, 2016 No. 482-V, "A person who does not have a job and (or) earnings (income) looking for a suitable job, when applying for employment assistance, is registered as a job seeker directly at the employment center for place of residence either through the web portal of "electronic government" or a State corporation or through the state information portal "Electronic Labor Exchange", but in a single information system- in the labor system (Labor market), such applications are electronically recorded only at the place of registration (registration) of the service recipient (For example, the service recipient is registered in the Kostanay district, but lives in the Fedorovsky district. When submitting an application at the place of residence through the "e-government portal", it will be displayed in the unified information social labor system of the "Employment Center" of Kostanay district, in this regard, further assistance in active employment measures in the Fedorovsky district will not be possible).
In accordance with subparagraph 1 of Article 20 of the Law of the Republic of Kazakhstan "On employment of the population" No. 482 of April 6, 2016, social jobs are not created for heavy work, work with harmful and (or) dangerous working conditions.
However, paragraph 4 of the Rules for the Organization and Financing of Social Jobs approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated June 14, 2016 No. 516 additionally states that social jobs are also not created for professions/occupations belonging to the 9th group of low-skilled workers according to the National Classification of Occupations, which contradicts the above article of the Law .
Moreover, according to paragraph 6 of Article 20 of the Law, the labor legislation of the Republic of Kazakhstan applies to persons assigned to social jobs.
According to subparagraph 1) of Article 4 of the Labor Code of the Republic of Kazakhstan, one of the principles of labor legislation is the inadmissibility of restricting human and civil rights in the field of labor.
Thus, the restrictions specified in the Rules with respect to unskilled workers is a violation of the rights of citizens and creates prerequisites for corruption risk in the form of a choice to be guided by the Law or the Rules.
Personnel management -
The staffing of the Center is 8 units (director of the employment center, 4 specialists, 1 consultant, 2 assistants).
The Center is fully staffed for the period of the analysis.
The affiliation of the hired employees, as well as the conflict of interests were not revealed.
The job descriptions of the specialists of the Center fully reflect their official rights and duties, there are no facts of duplication of duties of employees.
The provision of vacations of the center's specialists is carried out in accordance with the approved schedule and strictly in accordance with the Labor Code of the Republic of Kazakhstan.
Awarding of specialists is carried out in accordance with the legislation of the Republic of Kazakhstan.
There are no facts of awarding specialists who have not received a disciplinary penalty.
During the analyzed period, there were no facts of bringing the Center's specialists to responsibility for committing corruption offenses, as well as misdemeanors discrediting the work of the employment center.
In the analyzed period, the specialists of the Employment Center were not brought to disciplinary action.
Provision of public services -
The Employment Center provides 5 types of public services. A total of 616 were rendered , of which:
- registration of job seekers – MIO - 200, EBT - 126, PEP- 46;
- "registration of the unemployed" MIO - 39, EBT - 103;
- "issuance of directions for participation in active measures to promote employment"
MIO - 22, EBT - 63.
- appointment of state targeted social assistance - 17
To inform the public about the procedure for providing services, an information stand has been designed, which contains the current Standards of public services provided by the Center, and a helpline number. Publications in the mass media: there are no facts of negative publications regarding the staff of the akim's office.
In the analyzed period, there were no inspections carried out by state bodies in relation to the KSU "Employment Center" of the Akimat of the Fedorovsky district of Kostanay region.
According to the results of the internal analysis of corruption risks in the activities of the KSU "Employment Center" of the Akimat of the Fedorovsky district, corruption risks were identified:
In the rules for the organization and financing of social jobs for the national entrepreneurship development project for 2021-2025.
On the portal "Electronic Labor Exchange", the web portal of "electronic government", the State Corporation.
Director
KSU "Employment Center"
akimat of Fedorovsky district
Kostanay region Kuantaev A.D.