ANALYTICAL INFORMATION
on the results of internal analysis of corruption risks in the activities of the state institution "Office of the mayor of Panfilov district"
Zharkent June 22, 2020
INTRODUCTION
On the basis of the order of the head of the akim's Apparatus of Panfilov area of 22 June 2020 No. 20-b "On an internal analysis of corruption risks in the activities of the si "akim's Apparatus of Panfilov area" (further – akim), in the period from 05 January to 30 June 2020 conducted an internal analysis of corruption risks. The internal analysis covers the period of work of the akim's office for January-June 2020.
The akim's office operates on the basis of the Regulations approved By the decree of the akimat dated April 23, 2018 No. 192, (hereinafter-the Regulations).
The mission of the akim's Office according to the Regulations is to ensure the activities of the mayor's office and the mayor of Panfilov district.
The working group has studied the codes, laws, regulations, legal acts that govern the akim's Office in its activities.
In accordance with the Rules for internal analysis of corruption risks approved by Presidential decree No. 12 of October 19, 2016, an internal analysis was conducted in the following areas:
1. Quality of public services;
2. Quality of consideration of appeals from individuals and legal entities;
3. Compliance with official ethics and anti-corruption legislation;
4. Efficiency of personnel management;
5. Other issues arising from the subject of analysis.
IDENTIFYING CORRUPTION RISKS IN LEGAL ACTS AFFECTING THE ACTIVITIES OF THE STAFF
1. Akim's apparatus of Panfilov area is guided by:
- The Constitution Of The Republic Of Kazakhstan;
- The law of the Republic of Kazakhstan "on local government and self-government in the Republic of Kazakhstan»;
- Civil code of the Republic of Kazakhstan;
- Law of the Republic of Kazakhstan "on anti-corruption»;
- Law of the Republic of Kazakhstan "on the procedure for consideration of appeals of individuals and legal entities»;
- Law of the Republic of Kazakhstan "on public procurement»;
- Law of the Republic of Kazakhstan " on housing relations»;
- Law of the Republic of Kazakhstan " on administrative procedures»;
- Law of the Republic of Kazakhstan "on public service»;
- Law of the Republic of Kazakhstan " on marriage( matrimony) and family»;
- Order of the Chairman of the Agency of the Republic of Kazakhstan for civil service Affairs and anti-corruption dated December 13, 2016 No. 85 "on approval of Standard qualification requirements for administrative civil servants of the corps" B»;
- Order of the Minister of justice of the Republic of Kazakhstan dated April 17, 2015 No. 219 " on approval of standards of public services for civil registration and apostille»;
- Resolution of the akimat of Almaty region No. 316 dated August 1, 2017 "on approval of the regulations of state services on civil registration".
IDENTIFICATION OF CORRUPTION RISKS IN THE ORGANIZATIONAL AND MANAGERIAL ACTIVITIES OF THE AKIM'S OFFICE
3. Line manage staff, including turnover of personnel.
All employees of the district akim's Office meet the qualification requirements for their position. The composition of the disciplinary and competition Commission of the district akimat has been duly approved. All employees met the deadlines and procedures for training and advanced training.
38 civil servants were brought to disciplinary responsibility. Of these, there were 6 comments, 34 reprimands, 37 strict reprimands, and 8 warnings about incomplete official compliance.
There are no contradictions between the personal interests of persons holding public office and their official powers, in which personal interests may lead to improper performance of their official powers.
According to paragraph 1 of article 12 of the Law of the Republic of Kazakhstan " on anti-corruption "(hereinafter – Law) in order to prevent persons holding a responsible public position, persons authorized to perform state functions, persons equated to them (except for candidates for the President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, mayors of cities of district significance, settlements, villages, rural districts, as well as members of elected local self-government bodies), officials, as well as persons who are candidates authorized to perform these functions, from committing actions, which may lead to the use of their powers for personal, group and other non-official interests, these persons, taking into account the features established by articles 14 and 15 of this Law, assume anti-corruption restrictions on:
- carrying out activities that are not compatible with the performance of state functions;
- inadmissibility of joint service (work) of close relatives, spouses and relatives;
- use of official and other information that is not subject to official dissemination in order to obtain or extract property and non-property benefits and advantages;
- accepting gifts in connection with the performance of official duties in accordance with the legislation of the Republic of Kazakhstan.
Also, according to paragraph 3 of article 12 of the Law, the consent of the persons specified in paragraph 1 of this article to accept anti-corruption restrictions is recorded by the personnel management services (HR services) of the relevant organizations in writing.
According to paragraph 4 of article 12 of the Law the failure of anti-corruption constraints, the persons referred to in paragraph 1 of this article entails the denial of hiring or dismissal (dismissal), non-compliance in the absence of evidence of a criminal offense and administrative offense constitutes grounds for the termination of their state service or other relevant activities.
During the analysis of the facts of non-acceptance of anti-corruption restrictions by the staff of the akim's Office, it was not revealed.
According to article 4 of the Law RK "On public procurement" dated December 4, 2015, all state purchases under the akim of Panfilov district are conducted according to the principles of public procurement, namely:
1) optimal and efficient spending of the money used for public procurement;
2) providing potential suppliers with equal opportunities to participate in the public procurement procedure, except in cases provided for by this Law;
3) fair competition among potential suppliers;
4) openness and transparency of the public procurement process;
5) providing support to domestic producers of goods, as well as domestic suppliers of works and services to the extent that this does not contradict international agreements ratified by the Republic of Kazakhstan;
6) responsibility of participants in public procurement;
7) prevention of corruption;
8) acquisition of innovative and high-tech goods, works, services;
9) compliance with intellectual property rights contained in the purchased goods.
In the Office of the mayor of Panfilov district, public procurement is handled by the accounting Department, under the control of the head of the office of the mayor. All the necessary documents are received according to the plan and there is no direct contact with applicants for public procurement.
Recommendations:
The head of public procurement should be fully responsible for conducting public procurement. Do not allow direct contact with applicants. Everything should be transparent and only through the database.
IDENTIFYING CORRUPTION RISKS IN THE ORGANIZATION AND MANAGEMENT OF
2. Line manage staff, including turnover of personnel
The staffing of the state institution "akim's Apparatus of Panfilov area" is 22 units, the actual number at the end of the 2nd quarter of 2020 amounted to 21, there is a vacancy of the chief specialist – accountant (temporary, instead of the employee taking the leave to care for a child).
There was no frequent turnover of personnel.
During the analyzed period, there were no facts of demotion.
When conducting an internal analysis of corruption risks in terms of staff turnover, no risks were identified.
To observe the periodicity of refresher training of administrative officials:
Rules of training, retraining and advanced training of civil servants, approved by decree of the President of the Republic of Kazakhstan from December 29, 2015 No. 152, provides that civil servants of corps "B" are training not less than once in three years.
In accordance with the schedule approved for 2020, 2 civil servants were trained in the Almaty regional branch of the Academy of public administration. 1 employee took advanced training courses at the Academy of public administration under the President of the Republic of Kazakhstan.
When conducting an internal analysis of corruption risks in terms of compliance with the frequency of professional development of administrative civil servants is not established.
3. Through the resolution of conflicts of interest
There was no conflict of interest in this state body.
4. The line of conflict of interests
No conflicts of interest have been identified.
5. Through the provision of public services
According to the register of public services the akim's office provides the following public services:
- Registration of the birth of a child, including making changes, additions and corrections to the civil status records;
- Registration of death, including making changes, additions and corrections to civil status records;
- Registration of marriage (matrimony), including making changes, additions and corrections to the civil status records;
- Registration of the dissolution of marriage (matrimony), including making changes, additions and changes to the civil status records;
- Registration of changes in the surname, first name, patronymic, including making changes, additions and changes to the civil status records;
- Registration of the establishment of paternity, including making changes, additions and changes to the civil status records;
- Registration of adoption, including making changes, additions and changes to the civil registry;
- Recovery of the records of acts of civil status;
- Cancellation of civil status records;
- Issuance of repeated certificates or certificates of registration of acts of civil status.
During the analyzed period, the Apparatus provided - registration of a child's birth, including making changes, additions and corrections to civil status records – 1453 state services; registration of death, including making changes, additions and corrections to civil status records-365 state services; registration of marriage (matrimony), including making changes, additions and corrections to civil status records – 302 state services; registration of dissolution of marriage( matrimony), including changes, additions and changes in civil status records-80 state services; registration of changes in surname, first name, patronymic, including changes, additions and changes in civil status records – 17 state services; registration of establishment of paternity, including changes, additions and changes in civil status records-68 state services; registration of adoption, including changes, additions and changes to civil status records – 4 public services; restoration of civil status records – 4 public services; cancellation of civil status records-0 public services; issuance of repeated certificates or certificates of civil status registration – 594 public services. There were no refusals to provide public services. There are no complaints about the provision of public services.
According to paragraph 1, paragraph 1 of article 23 of the Law of the Republic of Kazakhstan "on public services", information on the procedure for providing public services is provided by placing public service standards at the locations of service providers and State corporations.
In the building of the PSC of Zharkent, where a specialist in civil registration is located, there is a Board for information.
Risks:
When providing the state service "Registration of marriage (matrimony), including making changes, additions and corrections to civil status records", in accordance with paragraph 8 of Annex 13 to the Rules for organizing civil status acts, making changes, restoring, canceling civil status records approved by Order of the Minister of justice of the Republic of Kazakhstan dated February 25, 2015 No. 112, foreigners additionally provide a certificate of marital legal capacity. Whereas, according to paragraph 2 of art. 228 of the Code of the Republic of Kazakhstan "on marriage( matrimony) and family", if applicants insist on state registration of marriage (matrimony), despite the absence of the specified certificate, this marriage (matrimony) is registered, which in turn creates conditions for the occurrence of corruption risks.
Recommendations:
Make a proposal to the authorized body to exclude this possibility from paragraph 2 of article 228 of the Code of the Republic of Kazakhstan "on marriage( matrimony) and family".
6. Availability of discretionary terms and powers, administrative barriers
The discretionary time and of the powers of administrative barriers have not been identified.
7. Actual processes of providing public services that meet the norms and approved Standards
No violations were detected.
8. Risk of direct contact
During the analysis, it was found that when providing public services by the akim's office, there is a possibility of a risk of direct contact with the service recipient, since public services: registration of establishing paternity, including making changes, additions and changes to the civil status records and registration of adoption, including making changes, additions and changes to the civil status records, receiving and issuing the finished result of the service, are carried out through the office of the service provider.
Also, when providing public services: registration of marriage (matrimony), including making changes, additions and changes to civil status records, when accepting documents through the PSC, the database does not contain an application form for making changes, additions and corrections, which creates prerequisites for the occurrence of corruption risks.
Recommendations:
When providing public services through the office of the service provider, strictly adhere to the current legislation, not allowing the demand for unforeseen documents and strictly comply with the terms of public services.
9. Availability of functions that have the characteristics of a public service
Functions that have the characteristics of a public service in the office of the mayor were not identified.
10. The implementation of the permissive functions
The akim's office has an IP "E-licensing", where the following types of public services are provided:
1. issuing a decision to change the purpose of the land plot-6;
2. issue of permission to use the land plot for survey work-0;
3. issuing a permit to attract money from shareholders.
During the analyzed period only 22 applications were received:
1. 1 permission to change the purpose of the land plot was Issued;
2. 0 permission to use the land plot for survey work was Issued;
Justified refusal to provide public services – 6 applications.
11. Other issues arising from the organizational and managerial activities of the akim's office
During the reporting period, 178 people visited the personal reception of the district's mayor. All requests are explained in the course of a personal reception. By the nature of the issues, 17% are land issues, and 83 % are other issues.
During the reporting period, the district akim's office considered 639 applications from individuals and legal entities. Of these, 576 were physical and 63 were legal. 28 offers and requests were received Through the E – government portal.
Recommendations:
Strictly comply with the requirements of the Law of the Republic of Kazakhstan "on the procedure for consideration of appeals of individuals and legal entities".
The Department of the Agency of the Republic of Kazakhstan on combating corruption (anti-corruption services) at Almaty region of production over a criminal case was registered in eRDR, No. 201968131000014 from 04.03.2020 G., article by article 366,part 1, 2, 367 part 3, paragraph 3 of the criminal code, in respect of Deputy Akim of Panfilov district Terehanova D. A., I. O. head of GU "Department of construction of Panfilov area" M. E. Isaeva, chief specialist of se "the Department of construction of Panfilov area" Kumisbekov S. B. and the Manager of LLP "Techno Snab 2002" Seitkalieva O. U.
The pre-trial investigation established that Torekhanov D. A. and Isaev M. E., being officials, and Kumusbekov S. B., in turn, being a person authorized to perform state functions, received bribes in the form of money from the Manager of "Techno Snab 2002" LLP seitkaliev O. U. For General patronage of the activities of "Techno Snab 2002" LLP on the construction project " Construction of two 60-apartment residential buildings in the village ofPidzhim (Nurkent) of Panfilov district of Almaty region".
According to the results of the pre-trial investigation, Torekhanov D. A., Isaev M. E. and Kumusbekov S. B. admitted guilt in the committed criminal offenses in full, repented of what they had done, in connection with which, on 13.07.2020, the criminal case was sent to the regional Prosecutor's office in accordance with article 615 of the Criminal procedure code of the Republic of Kazakhstan (a Procedural agreement in the form of a plea bargain).
In 2017 ,2018, 2019, the Governor's office of Panfilov district did not have any facts of detecting corruption offenses.
Also within the specified period, all necessary measures are taken for the implementation of the project "Zhetysu daldy Alay" to ensure active participation and high-quality implementation of anti-corruption measures. According to the results of which Panfilovsky district was marked in the first places. For which I received the appropriate certificates and letters of thanks /in July 2018 for the participation of the mobile group of Panfilov district in the project " Parasyz bolashakka. Birge!", in 2018 for participating in the marathon "Adal Zhol-Honest way", on December 24, 2019 under the project "Zhetysu adaldyk alany".
In 2019, 4 times and in 2020, 1 time, each quarter during the interdepartmental Commission on anti-corruption in the Panfilov district, a specific point in the Protocol specifies explanations on anti-corruption, which should be followed by all heads of departments and mayors of rural districts. The Protocol is sent to all departments and rural districts for execution.
In the current period, 12 times, under the leadership of the mayor of the district, explanations of the Law of the Republic of Kazakhstan "on combating corruption"are carried out in the mayor's office of Panfilov district in order to prevent corruption, which is the formation of intolerance to corruption in society, as well as the inevitability of responsibility for committing such an offense.
Recommendations:
Strictly observe the restrictions when entering the public service. Also, when conducting public procurement, strictly adhere to the legislation in the field of public procurement, minimize direct contact with potential suppliers. Initiate a proposal to the authorized body to exclude from the law the possibility of concluding contracts by the customer using a single source method.
When registering legal acts in the Department of justice of the Almaty region, each developer sends draft legal acts to the ipgo database. Each head of the Department must have the appropriate necessary device (ipgo database, keys, etc., and the Internet).
Recommendations:
Each developer must be fully responsible until the legal act is registered with the justice authorities.
FINAL PART
Offers:
1) Make proposals to amend the Rules for imposing disciplinary penalties on civil servants;
2) Make a proposal to the authorized body on the inclusion of additions to the Standards of public services on civil registration;
3) Initiate a proposal to the authorized body on amendments to the legislation in the field of public procurement.
Recommendations:
1) Take the necessary control measures to eliminate and prevent further violations of the Law of the Republic of Kazakhstan "on anti-corruption", as well as hold a seminar on public service;
2) when conducting the competition, strictly follow the laws and regulations governing the competition procedures and requirements for candidates;
3) Strictly comply with the requirements of the current Standard of public services, as well as conduct a seminar among civil servants on the provision of public services;
4) when preparing legal acts, developers must be held responsible until the legal act is registered with the justice authorities;
5) when holding a meeting, strictly follow the Rules for imposing disciplinary penalties on civil servants, approved by the decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 152;
6) Strictly comply with the requirements of the Law of the Republic of Kazakhstan "on the procedure for consideration of appeals of individuals and legal entities", as well as conduct a seminar among civil servants of the akim's office on the issues of consideration of appeals;
7) the Working group within 2 months from the date of signing the certificate on the results of external analysis of corruption risks to monitor the implementation of recommendations;
8) Strictly comply with the requirements of the current Standards for the provision of public services.
Chief of staff of the mayor Skakov E. A.
Group member:
Molbaeva N. N.
Chokparov E. O.
Ospanov A. A.
Dosmailov K.N.
Sagimbekova J. M.
Beskalieva A. Sh.
Muralieva GN
Dzhamalova, A. M.