ANALYTICAL REPORT
on the results of the internal analysis of corruption risks in the activities of the State Institution «Finance Department of the Altai region»
Altai 20.04.2022 year
In the State Institution «Altai District Finance Department» (hereinafter referred to as the Department) An internal analysis of corruption risks in the Department's activities for 2021 was carried out.
By Order of the Head of the Department No. 55 p dated March 18 , 2022 , a working group was established to conduct an internal analysis of corruption risks in the following composition:
1) Alsufyeva Ekaterina Valeryevna – Head of the Municipal Property and Public Procurement Sector;
2) Kuleshova Olesya Aleksandrovna – Head of the Budget Execution Sector.
The period of internal analysis of corruption risks: from 01 to 20 April 2022.
Analyzed period: 2021.
The Working Group of the internal analysis of corruption Risks studied the Codes, laws, regulatory legal acts, legal acts that the department is guided by in its activities.
During the study of the position of the state body, 22 functions were analyzed for compliance with the requirements of the current legislation of the Republic of Kazakhstan (the Budget Code of the Republic of Kazakhstan dated December 4, 2008, the Law of the Republic of Kazakhstan «On State Property» dated March 01, 2011, the Law of the Republic of Kazakhstan «On Public Procurement» dated December 04, 2015, the Rules for the implementation of state procurement approved by the Order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648, Instruction, approved by the Order of the Ministry of Finance of the Republic of Kazakhstan dated February 16, 2009 No. 68 «On approval of the Instructions for budget monitoring», the Rules of Budget execution and its Cash service, approved by the Order of the Minister of Finance of the Republic of Kazakhstan dated December 4, 2014 No. 540, Resolution of the Government of the Republic of Kazakhstan dated April 25, 2015 No. 325 «On approval of the Rules use of reserves of the Government of the Republic of Kazakhstan and local executive bodies and invalidation of certain decisions of the Government of the Republic of Kazakhstan»).
According to the results of the analysis of discretionary powers and norms that contribute to the commission of corruption offenses, it was not revealed.
In the direction of «identification of corruption risks in regulatory legal and legal acts affecting personnel management activities» studied:
The Law of the Republic of Kazakhstan «On the Civil Service of the Republic of Kazakhstan», the Labor Code of the Republic of Kazakhstan, the Decree of the President of the Republic of Kazakhstan «On certain issues of public service», the Rules for Imposing Disciplinary Penalties on civil servants, the Rules for calculating the length of service of civil servants, which gives the right to establish an official salary.
During the study of the specified legislation and regulatory legal acts, provisions that facilitate decision-making by officials at their discretion, contribute to the creation of barriers to the exercise by individuals and legal entities of their rights and legitimate interests, legal gaps that create the possibility of arbitrary interpretation of regulatory legal acts have not been identified.
All employees during the study period observed the terms and procedure for training, advanced training. There are no facts of violation of labor discipline, repeated violation of labor discipline, commission of administrative and criminal offenses by civil servants, hiring of persons who previously committed a corruption offense, a criminal offense has not been established.
The monitoring of publications in the mass media of negative materials against civil servants of the Department is conducted on an ongoing basis, there were no negative materials or statements addressed to the Department and its employees during the study period.
During the analyzed period, the facts of the joint service of close relatives (spouses, relatives) have not been established.
In the direction of «identification of corruption risks in the organizational and managerial activities of the department», there were no facts of a conflict of interests, affiliation of department employees with direct supervisors and higher management, and violations of accepted anti-corruption restrictions and prohibitions were also not revealed.
There are no licensing and control functions in the department. The Finance Department of the Altai district does not provide public services.
In the direction of «identification of corruption risks in regulatory legal and legal acts affecting the activities of the department in the field of public procurement» studied:
The Budget Code of the Republic of Kazakhstan dated December 04, 2008, the Code of the Republic of Kazakhstan dated December 25, 2017 No. 120-VI ZRK «On Taxes and other mandatory payments to the Budget» (Tax Code), the Law of the Republic of Kazakhstan dated December 04, 2015 «On Public Procurement», the Rules for public procurement approved by the order of the Minister of Finance Of the Republic of Kazakhstan dated December 11, 2015 No. 648, Order of the Ministry of Finance of the Republic of Kazakhstan dated September 18, 2014 No. 403 «Some issues of the Unified Budget Classification of the Republic of Kazakhstan», Decision of the Altai District Maslikhat dated December 23, 2020 No. 76/2-VI «On the Altai District District Budget for 2021-2023», Order of the Head of the Altai District Finance Department dated December 28, 2020 No. 335 p «On approval of Budget programs of the state Institution «Altai District Finance Department» for 2021-2024", Order of the Head Department of Finance of the Altai Region No. 2 p dated January 08, 2021 «On approval of the public procurement plan for 2021».
According to the results of the analysis of discretionary powers and norms that contribute to the commission of corruption offenses, it was not revealed.
The annual public procurement plan is specified and approved in the manner and form determined by the rules of public procurement, changes are made during the reporting period.
Contracts with suppliers of goods, works and services are concluded in a timely manner. It is not allowed to purchase goods, works and services that are not provided for by the approved, clarified annual public procurement plan.
According to the results of the analysis, there were no facts of affiliation in the implementation of public procurement, participation in public procurement of potential suppliers of close relatives, spouses or relatives of the management staff of the state institution.
The Department conducted 68 public procurement in 2021 for a total of 21 908 329,13 tenge.
A single organizer of public procurement conducted 146 tenders during the analyzed period, 2 of them by preliminary qualification selection.
Public procurement of goods, works, services is carried out through the web portal of public procurement in electronic form, and excludes any contact with the supplier. The exclusively electronic format of concluding contracts made it possible to generate complete and reliable information on the purchased goods, works, services on the web portal and determine their average purchase prices. The introduction of electronic contracts and a number of other norms aimed at simplifying and transparency of public procurement allowed minimizing corruption risks.
Also, the assumption of corruption risks in the purchase of goods has been minimized due to the introduction of the «O Market kz of Public Procurement» from 2020 (omarket.kz ).
During the internal analysis on the study of the activities of the department for the consideration of appeals of individuals and legal entities, it was found that in 2021, the department received 16 appeals from individuals and legal entities, 6 of them by means of a Single platform for receiving and processing all citizens' appeals (eotinish.kz ). The appeals were considered in accordance with the legislation of the Law of the Republic of Kazakhstan «On the procedure for considering appeals of individuals and legal Entities» dated January 12, 2007 (expired on 01.07.2021), the Code of the Republic of Kazakhstan «Administrative Procedural Code of the Republic of Kazakhstan» dated June 29, 2020 (entered into force on 01.07.2021).
Most of the issues raised in the appeals of individuals and legal entities are related to the refunds of excessively listed transfers. There is a constant record of the appeals of individuals and legal entities, monitoring the timely consideration of appeals.
In 2021, there were no violations of the terms of consideration of appeals.
There were no appeals on the facts of corruption offenses, violations of ethics by employees and other requirements imposed on civil servants.
The department has a 6-37-24 helpline. The head of the department regularly carries out a personal reception of citizens every Thursday of the month from 16 to 17.00 hours, the deputy head every Friday from 16 to 17.00 hours.
The Department is authorized to manage the communal property of the Altai district. When performing the function, it is guided by the Law of the Republic of Kazakhstan «On State Property» dated March 01, 2011, the Rules for the Sale of privatization objects approved by the Decree of the Government of the Republic of Kazakhstan dated August 9, 2011 No. 920, the Rules for the Transfer of state property to Trust Management and the Model Contract of Trust Management of state Property approved by the order of the Minister of National Economy of the Republic of Kazakhstan from January 16, 2015.
In 2021, 9 objects were privatized by means of the web portal «Register of State Property» for a total amount of 43,215 thousand tenge. Auctions were held in accordance with the law, there are no violations.
The Department did not transfer the property to trust management or hiring (lease).
Based on the above, the commission concluded that there were no corruption risks identified in the activities of the Department. And also recommends that, in order to prevent corruption risks, work on an ongoing basis to promote the prevention of corruption offenses.
Kuleshova Olesya Alexandrovna
Olsufyeva Ekaterina Valeryevna