ANALYTICAL REFERENCE
Based on the results of an internal analysis of corruption risks in the activities of the state institution «Department of Housing and communal services, Passenger Transport, Highways and housing inspection of panfilovsky district "
Zharkent 03 May 2022
INTRODUCTORY PART
Pursuant to Article 8 of the Law of the Republic of Kazakhstan "On Combating Corruption", 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, as well as Methodological Recommendations on Internal Analysis of Corruption Risks in the Activities of state bodies, Organizations and Quasi-state Entities sector and on the basis of Order No. 248 of the head of the State Institution "Department of Housing and Communal Services, Passenger Transport, highways and housing Inspection of the Panfilov district" from "03"05 2022 in 2021, an internal analysis was conducted to identify corruption risks in the State Institution"Department of Housing and Communal Services, passenger transport, highways and Housing inspection of Panfilovsky district" (hereinafter – the Department).
In accordance with Article 8 of the Law of the Republic of Kazakhstan "On Combating Corruption", the Rules of Internal analysis of Corruption risks, an internal analysis was carried out in the following areas:
IDENTIFICATION OF CORRUPTION RISKS IN REGULATORY LEGAL ACTS AFFECTING THE ACTIVITIES OF THE DEPARTMENT
1) Water Code of the Republic of Kazakhstan;
2) Environmental Code of the Republic of Kazakhstan;
3) Budget Code of the Republic of Kazakhstan;
4) The Law "On Public Service of the Republic of Kazakhstan";
5) The Law of the Republic of Kazakhstan "On Local Public Administration and Self-Government in the Republic of Kazakhstan";
6) The Law of the Republic of Kazakhstan "On Electric Power Industry";
7) The Law of the Republic of Kazakhstan "On gas and gas supply";
8) The Law of the Republic of Kazakhstan "On Civil Protection";
9) The Law of the Republic of Kazakhstan "On Housing Relations";
10) The Law of the Republic of Kazakhstan "On State property";
11) The Law of the Republic of Kazakhstan "On Public Procurement";
12) Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 153 "On measures to further improve ethical standards and rules of conduct of civil servants of the Republic of Kazakhstan";
13) Law of the Republic of Kazakhstan dated January 12, 2007 No. 221 "On the procedure for consideration of appeals of individuals and legal entities".
14) 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";
15) Order of the Minister of Energy of the Republic of Kazakhstan dated February 25, 2015 No. 143 "On approval of the Rules for the use of electric energy";
16) Order of the Minister of National Economy of the Republic of Kazakhstan dated March 19, 2015 No. 229 "On approval of the Rules for organizing activities and performing the functions of the customer (Developer);
IDENTIFICATION OF CORRUPTION RISKS IN THE ORGANIZATIONAL AND MANAGERIAL ACTIVITIES OF THE DEPARTMENT
1.In the line of personnel management, including the turnover of personnel.
In 2021, the staffing of the Housing and Communal Services Department is 3 units (the head of the department is 1, the chief specialist is 2), of which 1 is dismissed for health reasons.
On the basis of the resolution of the Akim of the Panfilovsky district dated November 22, 2021 No. 843 "On some issues of reorganization of state institutions of the Panfilovsky district", the state institution "Department of Housing and Communal Services and Housing Inspection of the Panfilovsky district" was transformed into the State Institution "Department of Housing and Communal Services, Passenger Transport, highways and Housing Inspection of the Panfilovsky district" By as of 01.01.2022, there were 1 vacancies, 1 of which was subject to reduction.
Since the second quarter of 2021, they have been hired:
according to the general competition - 1.
Since the second quarter of 2021, 1 person has been dismissed, 1 of them in connection with the transition to another state body.
2.In the line of consideration of citizens' appeals:
For 9 months of 2021, the department received 636 letters, of which 380 appeals from individuals and legal entities. 250 appeals are of primary nature, 6 appeals are sent repeatedly.
All incoming correspondence is registered by an employee of the Department in electronic format through the "Documentologist" program.
In just 9 months, the department received 29 appeals. Clarifications were given on 28. There was a violation of deadlines for 3 applications. 2 officials have been brought to disciplinary responsibility.
Including:
Questions about housing relations, street lighting.
For an untimely response to the appeal, he was brought to disciplinary responsibility in the form of a reprimand.
3.In the line of conflict of interest settlement.
The facts of affiliation during the public procurement procedure and the occupation of public positions that are directly subordinate to the position held by close relatives (parents (parent), children, adoptive parents (adoptive parents), adopted (adopted), full - and half-siblings, grandfathers, grandmothers, grandchildren) or spouse have not been revealed.
The Department conducts public procurement in accordance with the norms of the Law of the Republic of Kazakhstan dated December 4, 2015 "On Public Procurement", 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, services is carried out through the web portal of public procurement in electronic form, and excludes any contact with suppliers.
4.Identification of corruption risks in regulatory legal acts affecting the activities of the Department
Due to the specifics of its activities, the administrative and legal Department constantly studies all the diversity of the legislation of the Republic of Kazakhstan related to its field of activity.
The Administrative and Legal Department is the law enforcer of civil substantive and procedural legislation, along with other subjects of civil legal relations (as a party to civil legal relations). Corruption risks in this area are possible not due to imperfection of legislation, but due to violations of the executive discipline of the department's employees (violation of the established deadlines for filing claims, appeal deadlines, failure to take measures to appeal, violations of other procedural procedures and deadlines). During the analyzed period, violations in terms of compliance with the Civil and Civil Procedure Codes of the Republic of Kazakhstan were not revealed.
On the line of prevention of corruption:
1) There were no critical publications about Department officials. There is no information about court decisions on appealing the actions of Department officials.
2) There is an approved Action Plan of the Anti-corruption department for 2022.
THE FINAL PART
Based on the above, we recommend:
1) The Working Group, by May 27, 2022, to develop a Plan for the implementation of the recommendations specified in the Analytical Report, indicating the deadlines for execution, responsible persons and deadlines for providing interim information on implementation (The implementation of recommendations should not exceed 6 months). 2) Constantly carry out explanatory work to prevent violations of the Law of the Republic of Kazakhstan "On Combating Corruption" in the activities of the Akim's office.
3) Place the standards of public services in an accessible place for service recipients;
4) Strictly comply with the requirements of the current standards of public services, as well as conduct training among the staff of the Department for the provision of public services;
5) According to the results of 2021, to conduct an internal analysis of corruption risks in the activities of the State Institution "Department of Housing and Communal Services and Housing Inspections of Panfilovsky district";
6) Within 6 months from the date of signing the certificate on the results of the internal analysis of corruption risks, the Working Group should monitor the implementation of recommendations.
Working Group on Internal Analysis of Corruption Risks:
|
Chief Specialist of the Department |
_______________ |
I.Baizhuma |
|
Chief Specialist of the Department |
_______________ |
A. Saurykov |
|
Chief Specialist of the Department |
________________ |
M. Tazhiev |
Familiar with:
Head of the Department of Housing
and Communal Services, Passenger
Transport, highways and Housing ______________ A. Tazabekov
Inspection of Panfilovsky district