04.05.2021 Petropavlovsk
Based on the order of the head of the Department No. 7 dated April 2, 2021, an internal analysis of corruption risks in the activities of the KSU "Department for Religious Affairs of the Akimat of the North Kazakhstan Region" was conducted.
The analyzed period: from July 1, 2020 to March 31, 2021.
Analysis period: 30 calendar days, from April 2 to May 2, 2021.
In accordance with paragraph 5 of Article 8 of the Law of the Republic of Kazakhstan "On Combating Corruption" dated November 18, 2015 No. 410-V, "Model Rules for conducting internal analysis of corruption Risks", approved by the order of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption dated October 19, 2016 No. 12, work was carried out in the following areas:
In the first direction: "Identification of corruption risks in regulatory legal acts and legal acts affecting the activities of the division".
The Department is guided in its activities by the Constitution of the Republic of Kazakhstan, the Budget Code of the Republic of Kazakhstan, the Labor Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Public Service of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "On Religious Activities and Religious Associations", the Law of the Republic of Kazakhstan "On Public Services", the Law of the Republic of Kazakhstan "On Administrative Procedures", the Law of the Republic of Kazakhstan «On the procedure for Considering appeals of Individuals and Legal Entities», the Law of the Republic of Kazakhstan "On Local Government and Self-Government in the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "On Public Procurement", the Law of the Republic of Kazakhstan "On Public Associations", the Law of the Republic of Kazakhstan "On Countering Terrorism", the Law of the Republic of Kazakhstan "On Countering Extremism", the Law of the Republic of Kazakhstan "On Combating Corruption", the Law of the Republic of Kazakhstan "On Legal Acts".
When applying the above-mentioned regulatory legal acts in the course of work on the implementation of Management functions, corruption risks were not identified.
In the second direction: "Identification of corruption risks in the organizational and managerial activities of the department".
2.1. Personnel management, including staff turnover.
The full-time number of civil servants of the Department is 8 people. As of April 1, 2021, there is 1 vacant position of the chief specialist of the Department of Extremism Prevention and Rehabilitation work.
During the analyzed period, there is no net turnover of personnel.
7 people have been assigned:
according to the results of the internal competition — 1 (Shamshutdinova R.M.);
according to the results of the general competition – 3 (Syzdykov E.B., Abilnasirov D.M., Zhanakhmetov B.E.);
according to the results of the reorganization – 3.
There are no facts of affiliation when hiring employees (electability), as well as facts of holding public positions by persons who are directly subordinate to the positions held by their close relatives.
However, there is no video recording of the course of the interview with candidates for the vacant administrative positions of the corps "B": the head of the department of coordination and consolidated work (23.09.2020), the chief specialist in information and explanatory work (22.09.2020), the chief specialist in counter-propaganda work (22.09.2020).
Personnel appointments of the Department's employees are carried out in accordance with the law, after a special inspection by the prosecutor's Office and national security agencies.
In terms of compliance with anti-corruption restrictions by the civil servants of the Department:
The employees of the department have no facts of the presence of shares, shares, or individual entrepreneurship.
There are no civil servants in the department who are founders of commercial organizations, as well as members of the management bodies of these organizations.
During the specified period, there are no facts of bringing civil servants of the Department to administrative and disciplinary responsibility for offenses that discredit the public service, as well as bringing them to disciplinary responsibility for violating the Rules of Official Ethics.
There are also no facts of committing corruption crimes and offenses on the part of the Department's employees.
The facts of violation of the adopted anti-corruption restrictions and prohibitions established by Article 12 of the Law of the Republic of Kazakhstan "On Combating Corruption" were also not revealed.
The monitoring of the mass media was carried out to identify negative materials against the civil servants of the Department. No negative materials were found during the study period.
When monitoring disciplinary practices, it was established that no disciplinary penalties were imposed on civil servants during the specified period.
Reference:
According to paragraph 54 of the Rules of the competition for holding an administrative public position of the corps "B", approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption dated February 21, 2017 No. 40, the course of the interview with each candidate, writing an essay, as well as conducting other selection tools is recorded using video recording equipment, Materials recorded using video recording equipment are stored in the personnel management service (HR service) for at least one year from the end of the competition.
Recommendations:
2.2. Settlement of conflicts of interest.
In the process of studying the personal files of the employees of the analyzed object and the documentation for conducting competitions for vacant positions, there were no facts of a conflict of interest.
2.3. Provision of public services.
Within the existing competence, the Department provides 5 types of public services free of charge:
In the period from July 1, 2020 to March 31, 2021, 44 services were provided, 2 of them through the e-Government Portal, 34 through the office of the service provider.
Due to the fact that today the norm of providing the above services in an alternative form remains, there are corruption risks, since there is a fact of direct contact between the service recipient and the service provider.
In the course of studying the normative legal acts regulating the provision of public services and the rules for the provision of public services, the following contradictions were identified:
In the rules for the provision of public services in the field of religious activity, in the standards for the provision of public services "Issuance of a decision on the construction of religious buildings( structures), determining their location", "Issuance of a decision on the conversion (change of functional purpose) of buildings (structures) into religious buildings (structures)", "Issuance of a decision on the approval of the location of special stationary premises for the distribution of religious literature and other information materials of religious content, religious objects" is a decision of the local executive body, but at present, when providing public services in electronic format on the e-licensing portal, the output document is not a decision (resolution), but a notification of the issuance of a decision (resolution). Anologichnaya situation with public services "Registration and re-registration of persons engaged in missionary activities" and "Issuing a decision on the approval of the location of premises for religious events outside of religious buildings (structures)", according to these public services, the output document according to the standards is a certificate and a certificate-approval, when providing these services in electronic format, the e-licensing portal issues an output document-a notification of the issuance of a certificate and a certificate-approval. And this, in turn, does not allow us to provide a public service completely in electronic format, in the end, there is a fact of direct contact between the service recipient and the service provider.
According to the results of internal control over the provision of public services from July 1, 2020 to March 31, 2021, no violations of the deadlines were recorded, no complaints were received.
Reference:
For No. 35.4.12 / 95 dated February 17, 2021, a letter was sent to the Committee for Religious Affairs of the Ministry of Information and Public Development on the translation of the above-mentioned public services, indicating the shortcomings of the e-licensing portal. For the state service "Registration
2.6. Other issues arising from the organizational and managerial activities of the Department.
In total, the Department received 7 requests from individuals and legal entities as of April 1, 2021. All requests were considered in a timely manner, without violating the deadlines.
2.7. On the issue of public procurement.
Public procurement is carried out in accordance with the Law of the Republic of Kazakhstan "On Public Procurement" No. 434-V of December 4, 2015.
In the analyzed period, public procurement was carried out by means of requesting price offers, from one source by direct conclusion of a contract (special procedure), from one source for failed purchases. When considering the price offers of potential suppliers offering goods, works and services, the presence of their affiliation was not revealed. There is also no affiliation between service providers and government employees of the Department who are directly involved in the public procurement process.
There are facts of making changes and (or) additions to the annual plan of public procurement more than twice a month: in October and November 2020, changes and additions were made to the annual plan of public procurement of goods, works and services four times.
Reference:
According to paragraph 7 of Article 5 of the Law of the Republic of Kazakhstan "On Public Procurement", the customer has the right to make changes and (or) additions to the annual plan of public procurement no more than twice a month.
Recommendations:
To the Chief Specialist-accountant on a permanent basis:
General recommendations:
Head of the Department R.Kasenova
Analysis
on corruption risks in the activities of the KSU «Department for Religious Affairs of the Akimat of the North Kazakhstan region»
Consonants
the working group created by the order of
the head of the department
of April 02, 2021 No. 7:
________________ Shamshutdinova R.M.
________________ Meymenova S.O.
_________________ Zhanakhmetov B.E.
_________________ Abilnasirov D.M.
_________________ Aitmagambet D.Zh.