ANALYTICAL REFERENCE
According to the internal analysis of corruption risks in the State Institution "Department for the Coordination of Employment and Social Programs of the Mangystau region"
The State Institution "Department for the Coordination of Employment and Social Programs of the Mangystau region" (hereinafter referred to as the Department) is guided in its activities by the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President and Government of the Republic of Kazakhstan, other regulatory legal acts, as well as the Regulations on Management.
Internal analysis of corruption risks (hereinafter referred to as the WACR) of the employment coordination of the Mangystau region in accordance with the Law of the Republic of Kazakhstan "On Combating Corruption" and the standard rules for conducting internal analysis of corruption risks, approved by Order No. 12 of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption dated October 19, 2016 and the Department of Social Programs dated April 24 2023 No.03-09/224.
During the WACR, an analysis was carried out on the following tasks:
1. Identification of corruption risks (hereinafter referred to as the WRC) in existing regulatory legal acts and legal acts.
2. Definition of M&A in internal documents.
3. Definition of M&A related to personnel management.
4. Identification of CVD related to conflict of interest.
5, the definition of M&A related to the provision of public services and the implementation of licensing functions.
6. Definition of M&A related to the implementation of other issues arising from organizational and managerial activities.
7. Definition of CVD related to financial and economic activities.
The general period for conducting an internal analysis of corruption risks is from May 1 to May 30, 2023.
I. corruption risks in regulatory legal acts related to the activities of the Department for the Coordination of Employment and Social Programs of the Mangystau region.
The Management is guided in its activities by the following regulatory legal acts:
Law of the Republic of Kazakhstan dated 04/13/2005 No. 39 "On Social Protection of persons with disabilities in the Republic of Kazakhstan", Law of the Republic of Kazakhstan dated 12/29/2008 No. 114-IV "On Special Social services", Law of the Republic of Kazakhstan dated 04/06/2016 No. 482-V "On Employment", Law of the Republic of Kazakhstan dated 12/04/2015 No. 434-V "On Public Procurement", Law RK dated 12.04.2005 Law of the Republic of Kazakhstan No. 36 "On State Social Order, grants and rewards for non-governmental organizations in the Republic of Kazakhstan" dated 22.07.2011 No. 477- IV Law of the Republic of Kazakhstan "On Population Migration", Law of the Republic of Kazakhstan dated 17.07.2001 No. 246 "On State targeted social assistance", "Budget Code" of the Republic of Kazakhstan dated 04.12.2008 No. 95-IV and the national project "Entrepreneurship Development for 2021-2025".
Department for Attracting Foreign Labor
Identification of corruption risks in regulatory legal acts applied in the implementation of the department's activities;
Identification of corruption risks in the information system in the provision of public services "Issuance and (or) extension to employers of permits to attract foreign labor".
Identification of corruption risks in regulatory legal acts applied in the implementation of the department's activities.
The following analytical work was carried out:
1. "Rules and conditions for the issuance and (or) extension to employers of permits to attract foreign labor, as well as the implementation of intra-corporate transfer", approved by Order No. 559 of the Acting Minister of Health and Social Development of the Republic of Kazakhstan dated June 27, 2016;
2. to analyze the automated information system "foreign labor force", which provides public services by the department;
According to the results of the analysis, the following legal gaps have been identified in these normative legal acts:
1. Paragraph 17 of the "rules and conditions for issuing and (or) extending to employers a permit to attract foreign labor, as well as the implementation of an intra-corporate transfer" (hereinafter referred to as the Rules) states that when issuing a permit for the fourth category, the employer carries out a transfer with Kazakhstani citizens for the same positions of foreign workers from six months to one the year of nia.". However, in case of non-fulfillment of this obligation, in accordance with paragraph 24.3 of the rules, it is not specified exactly by what time new permits will not be issued.
2. in paragraphs 20 and 30 of the rules, "the employer, within ten working days from the date of receipt of the notification, submits to the local executive body documents confirming the payment of a fee for the issuance / extension of a permit.", however, in paragraph 3. the term for the provision of public services "of Appendix 3 to these Rules: the term for payment of the fee for the issuance of a permit is 10 working days from the date of the decision to issue / extend a permit to attract foreign labor;"two different interpretations are set out in paragraphs of the same regulatory legal act.
3. If a foreign employee is attracted by a profession or specialty that does not correspond to the profession or specialty specified in the permit, as well as if the employer does not comply with the conditions set out in paragraph 16 of these Rules, the local executive body revokes the current permit to attract foreign labor.
At the same time, the local executive body revokes the last issued permits, the number of which exceeds the percentage ratios established by paragraph 16 of these Rules.".
However, if the employer submits a court decision on the restoration of revoked permits, the permit restoration process is not provided. That is, the employer will have to get a new permit.
Recommendations:
Send a proposal to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan on the amendments and amendments to the regulation.
2. analysis of the automated information system "foreign labor force"
According to the results of the analytical work, the service is provided 100% electronically:
1) there is no possibility of "manual" adjustment of the processes of rendering public services when using an information system;
2) in the process of rendering the service, the direct communication of the service recipient with the service providers is limited;
3) there is no way to hide violations of the deadlines for the provision of public services;
4) there is no issue/extension of the permit if the employer sends documents confirming the payment of the fee for the issuance/ extension of the permit later than the deadline.
According to the results of the analysis, corruption risks in the provision of services through the automated information system "foreign labor" were not identified.
Department of Social Assistance
The analysis of corruption was carried out in the following areas:
1) identification of corruption risks in the internal regulatory documents of the Department that affect the activities of the unit;
2) identification of corruption risks in the organizational and managerial activities of the unit;
Currently, when assigning state targeted social assistance, several questions arise, namely:
1) difficulties arise when collecting information about the applicant for the purpose of social assistance, when calculating family income due to the lack of information about alimony in the information system;;
2) The presence of an additional number of animals or vehicles (most often vehicles registered by the country number of Armenia), which are not indicated in the information system during the inspection by the precinct commission for the appointment of social assistance, creates difficulties in determining the financial situation of the family;
3) failure to provide additional income to the families of persons who have applied for social assistance. For example, in rural settlements it is difficult to determine information by selling additional products of animal origin or selling handmade products, receiving wages in cash through LLP, sole proprietor, etc.
Offer:
1) entering information about alimony into the social assistance information system;
2) making additions to agricultural information systems;
3) entering information into the information system for registration of foreign vehicles;
4) the possibility of full reflection of the salary of employees of LLP, sole proprietor;
Analysis of corruption risks of the Migration Department
Based on the standard rules for conducting an internal analysis of corruption risks, approved by Order No. 12 of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption dated October 19, 2016, the migration department conducted an analysis of corruption risks.
1. identification of corruption risks in the provision of public services for the assignment of the status of "Kandas". An application for the assignment or extension of the status of Candace is submitted by the applicant to a local executive body or a state corporation.
When an applicant applies to a State Corporation, the applicant's documents are issued through the gateway of the "electronic government".
II. definition of M&A in internal documents.
An analysis of corruption risks was carried out in the internal documents of the department.As of May 1, 2023, 270 documents (number of orders) have been reviewed (orders for personnel to provide basic activities, employment, business trips, vacations).
No violations were detected.
III. definition of CVD related to personnel management.
The staff of the department is 39 units, of which 30 civil servants and 9 support staff.
According to the results of the analysis, there was 1 net shift during the reporting period.
Monthly monitoring is carried out on the retirement of employees from the public service system. Interviews of dismissed employees with a clean shift are filled out 100% through the integrated information system "E-kyzmet" and are constantly monitored (in paper and electronic form).