Analytical report on the results of internal analysisof corruption risks Sholakai village December 08, 2023 In accordance with paragraph 5 of Article 8 of the Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V 3PK "On Combating Corruption", Standard Rules for Conducting Internal Analysis of Corruption Risks approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption dated October 19, 2016 No. 12, conducted an internal analysis of corruption risks of the state institution "The Office of the akim of the Sholakai rural district of Panfilov district" (further — the akim's office), the activities of the akim's office of the rural district in the following composition: A.Arsalamov – Akim of Sholakai rural district, A.Abduvali – Deputy akim of Sholakai rural district, H.Kasimova - the chief specialist of the akim's office of the Sholakai rural district. A.Tumabayeva - the chief specialist of the akim's office of the Sholakai rural district.А.Zaitov – Chairman of the local community The period of anti-corruption monitoring: in accordance with paragraph 5 of Article 8 of the Law of the Republic of Kazakhstan "On Combating Corruption" in the period from January 1, 2022 to December 31, 2022. The internal analysis covers the period of work of the akim's office from January 1, 2022 to December 31, 2022. Internal analysis of corruption risks was carried out in the following areas: 1) identification of corruption risks in regulatory legal acts affecting the activities of the facility; 2) identification of corruption risks in the organizational and managerial activities of the facility. The Akim's office is a state body of the Republic of Kazakhstan that exercises leadership in the field of state and local self-government. 1.1. Conflict of provisions of legal acts. In order to identify discrepancies or contradictions between individual legal acts, internal documents, as well as contradictions that arose in the course of law enforcement activities, the current regulations of the Republic of Kazakhstan, as well as the position of the akim's office, were studied. The analysis revealed no discrepancies or contradictions between the regulations. 1.1. Definition of competence in the wording "entitled" Regulatory legal acts define the competence of a state body with the help of the formulations "entitled", "may", "possible", "allowed", which refers to any types of powers — registration, authorization, control, jurisdictional. During the analysis of the NPA by the Akim's Office, no such formulations were found. 1.2. Legal and linguistic corruption During the anti—corruption analysis of regulatory legal acts regulating the sphere of the Akim's Office, such factors as: - the use by the law-making body of ambiguous or not well-established terms, concepts and formulations, categories of an evaluative nature with unclear, indefinite contents, allowing for different interpretations: - designations of the same phenomena in different terms; — markers of corruption factors that indicate the potential for legal and linguistic uncertainty in them. Such indefinite units include: "either", "no more", "if necessary" to initiate proposals to a higher authority on the need to specify them. During the analysis of the NPA by the Akim's Office, no such formulations were found. Recommendations: in case of identification of such formulations as "either", "may be", "no less", "no more", "if necessary" to the leadership of the Akim's Office, initiate proposals to the higher authority on the need to specify them. 1.3. The presence of discretionary powers on the issues of bringing individuals and legal entities to administrative responsibility, the Akim's office does not have the authority to impose administrative penalties. 2. In the second direction - identification of corruption risks in the organizational and managerial activities of the Akim's Office: In the organizational and managerial activities of the Akim's Office during the period under study, the following areas were subjected: 1. Personnel management, including staff turnover. The full—time staff of the Akim's Office is 7 units, the actual number of employees is 7 units, there are no vacancies, 7 of them permanent, temporary -0. Total dismissed employees - 2. 1 employee was dismissed due to retirement, 1 employee was transferred to another job. In 2022, staff turnover amounted to 28.6% and compared to the corresponding period of 2021, it showed equal results (2 people - 28.6%). Dismissed for negative reasons - no. There is no involvement of employees to disciplinary responsibility for corruption offenses. A competition was announced to replace the retired specialist, and another specialist was hired on the basis of the competition. The amount of budget savings under the Akim's Office for 2022 is aimed at awarding employees. In accordance with the Law of the Republic of Kazakhstan "On Combating Corruption", work is regularly carried out aimed at preventing corruption acts among employees, as well as improving the effectiveness of the application of anti-corruption legislation in the activities of the Akim's Office. 2. Conflict of interest settlement According to paragraph 1 of Article 14 of the PK Law "On Combating Corruption", persons holding a responsible public position, persons authorized to perform state functions, and persons equated to persons authorized to perform state functions (with the exception of candidates for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of district significance, settlements, villages, rural districts, as well as members of elected local self-government bodies) may not hold positions that are directly subordinate to the posts, occupied by their close relatives and (or) spouse (spouse), as well as relatives. During the analysis of corruption risks, the facts of the joint service (work) of close relatives, the facts of the conflict of interests in the Akim's Office were not revealed. Recommendations: In accordance with paragraphs 3.1, paragraph 3.2 of Article 15 of the PK Law "On Combating Corruption", take comprehensive measures to prevent and resolve conflicts of interest, eliminate the causes and conditions for the occurrence of corruption risks. In case of detection of a conflict of interest or information about the possibility of its occurrence, the akim is obliged to take the following measures in a timely manner to prevent and resolve a conflict of interest:- remove employees from their official duties and entrust another employee with the performance of official duties on the issue in connection with which a conflict of interest has arisen or may arise;- change job responsibilities;- take measures to eliminate the conflict of interests. 2.1 Checking personal files. The personal files of the staff of the Akim's Office were checked for the presence of the requirements of the UKPSIS PK on the commission of offenses by civil servants that prevent entry into public service when hiring, oaths, restrictions related to staying in public service, familiarization with the Ethical Code of Civil servants PK, certificates of submission of declarations of assets and obligations, letters of special verification. Having all the documents in your personal files. No violations were detected. 2.2 Appeals of individuals and legal entities. For 12 months of 2022, the Akim's Office received 38 appeals from individuals, for the same period of 2021 — 7. Of the 38 physical appeals received for 12 months of 2022, all were considered by the akim's office. On July 1, 2022, the Law of the Republic of Kazakhstan "Administrative Procedural Code" came into force. The law provides for consideration of the appeal in the order of administrative procedure and in the order of simplified procedure. For 12 months of 2022, 38 appeals were received for consideration as an administrative procedure, including 38 applications and 0 others (request, responses, proposal), 28 were accepted during a personal reception. All appeals were considered within the established time frame and in compliance with the norms of the current legislation of the Republic of Kazakhstan. 2.3 Conducting public procurement in the finance department. The office of the akim of Sholakai rural District for 12 months of 2022 according to the approved public procurement plan, 37 purchases totaling 85267 thousand tenge were carried out, of which:- 3 open competition;- 25 request for price offers;— 6 from one source for failed;- 3 from a single source by direct conclusion. Procurement by a single source method of subparagraph 42 of paragraph 3 of Article 39, there is direct contact and a pre-created agreement of the Customer to conclude a contract on the public procurement portal with Suppliers. In 2022, public procurement of goods, works and 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 reliable information on the purchased goods, products and services on the web portal and determine their average purchase prices. The introduction by the request of price proposals and a number of other forms of procurement aimed at simplifying and transparency of this procedure allowed minimizing corruption risks. No violations were detected. An analysis of the procurement work showed that there is no technical failure on the public procurement web portal today. 3. Provision of public services On the basis of the order of the Acting Minister of digital development, innovation and aerospace industry of the Republic of Kazakhstan dated January 31, 2020 No. Z9/OK "on approval of the Register of public services", the Akim's office is 5 public service providers;- Provision of a land plot for the construction of an object within the locality- Sale of a land plot to private ownership in a lump sum or in installments- Queuing for obtaining a land plot- Purchase of rights to state - owned land plots that do not require bidding (contests ,auctions)- Issuing a decision to change the purpose of the land plot For 12 months of 2022, 23 public services were rendered in electronic form through the «e-licensing» web portal and 35 in paper form. Considered within the established time frame and in compliance with the norms of the current legislation of the Republic of Kazakhstan. 1. Implementation of permissive functions The akim's office does not carry out permissive functions. 2. Implementation of control functions The akim's office does not perform control and supervisory functions. 3. Other issues arising from organizational and managerial activities The monitoring of the mass media was carried out in order to identify negative materials against civil servants of the Akim's Office. No negative materials were identified during the study period. Inspections of other state bodies. In November 2022, a planned comprehensive audit of the Audit Commission on Accounting was carried out, violations were for faulty performance of the functional duties of an accounting specialist. Violations were eliminated during the inspection. The analysis of the district akim's orders on personnel and the main activity of the Akim's Office was carried out. Recommendations on prevention of corruption risks- Ensuring strict observance of the requirements of the Laws of the Republic of Kazakhstan "On Action Against Corruption in the Republic of Kazakhstan", "On Public Service in the Republic of Kazakhstan" by civil servants.- Taking additional measures to increase the level of transparency and publicity of public procurement procedures and improving the qualifications of employees responsible for this field in the field of public procurement. Composition of the working group: A.Arsalamov ____________________ Akim of the district A.Abduvali _____________________ Deputy Akim of Sholakai ruraldistrict H.Kasimova ____________________ Chief Specialist of the Akim's OfficeSholakai rural district A.Tumabaeva ___________________ Chief Specialist of the Akim's OfficeSholakai rural district А.Zaitov ________________________ Chairman of the local community