The results of an internal analysis of corruption risks in the activities of the state institution "Office of Akim of Aidarli rural district"
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 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, The schedule of internal analyses of corruption risks in departments and quasi-governmental organizations of the Almaty region within the framework of the implementation of projects of the fourth standard basic direction "Prevention and combating corruption", approved by the head of the office of the Akim of the Almaty region Sarsembaev T.K. dated March 14, 2022, conducted an internal analysis of corruption risks of the state institution "Office of the akim of the Aidarli 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:
Khabiuli K. – akim of Aidarli rural district,
Konchibaev B. is the chief specialist of the akim's office of the Aidarli rural district.
Bizhanov J. – 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 operation of the akim's office from January 1, 2022 to December 31, 2022.
The 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 provides leadership in the field of state and local self-government.
The Akim's office carries out its activities in accordance with the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other normative legal acts, as well as the Regulation approved by the resolution of the Akimat of Panfilov district dated July 15, 2022 No. 311 "On approval of the Regulations of the state institution "Akim's Office of Aidarli rural district of Panfilov district". The akim of the district is Kanat Khabiuly, appointed to this position by the decision of the election commission No. 252 dated December 19, 2022. To achieve this goal, the akim's office performs 1 task and 31 functions in accordance with the regulations.
The following regulatory legal acts of the Republic of Kazakhstan are covered by the internal analysis:
The Constitution of the Republic of Kazakhstan, the Labor Code of the Republic of Kazakhstan, the Administrative Procedural Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Local and State Administration and Self—Government in the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "On Combating Corruption", the Law of the Republic of Kazakhstan "On Public Service", the Law of the Republic of Kazakhstan "On Public Procurement", The Law of the Republic of Kazakhstan "On Public Services", The Law of the Republic of Kazakhstan "On state regulation of the development of the agro-industrial complex and rural areas".
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 process of law enforcement, the current regulations of the Republic of Kazakhstan, as well as the position of the akim's office, were studied. The analysis did not reveal any discrepancies or contradictions between the regulations.
1.1. Definition of competence in the wording "entitled"
Normative legal acts define the competence of a state body using the formulations "entitled", "may", "possible", it is allowed, which refers to any type of authority — registration, authorization, control, jurisdictional. During the analysis of the NPA by the Akim's Office, such formulations were not established.
1.2. Legal and linguistic corruption
During the anti—corruption analysis of normative 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, such formulations were not established.
Recommendations: if such formulations as "either", "may be", "no less", "no more", "if necessary" are identified in regulatory acts, the leadership of the Akim's Office should initiate proposals to a higher authority on the need to specify them.
1.3. The presence of discretionary powers on issues of bringing individuals and legal entities to administrative responsibility, the Akim's office does not have the authority to impose administrative penalties.
In the organizational and managerial activities of the Akim's Office during the period under study, the following areas were subjected:
The staff of the Akim's Office is 5 units, the actual number of employees is 5 units, there are no vacancies, 5 of them permanent, and 0 temporary. The total number of dismissed employees is 1. 1 employee was dismissed due to transfer to another job.
There are no people dismissed for negative reasons. There is no disciplinary action against employees for corruption offenses.
1.1. Disciplinary punishment
The specified shortcomings in the submission of the Prosecutor's Office of the Panfilov district dated February 28, 2022 No. 02-0415-22-00322: to public procurement in a single-source manner by directly concluding a public procurement contract containing official information of limited distribution determined by the Government of the Republic of Kazakhstan, as well as in paragraphs 3 of Article 39 of this Law and 4,9,17-23,26,31-32,35,40,41 public procurement carried out by on the basis of non-use, it is determined by paragraph 6 of Article 41 of the Law. Despite the above requirements, accountant Kuat D. According to the district, it was established that 1 contract was concluded from one source, however, the analysis showed that the chief specialist (accountant) Aidarli rural district D. Kuat, responsible for the admission of the above violations of the law, in connection with which, in accordance with subparagraph 2 of paragraph 3 of Article 44 of the Law of the Republic of Kazakhstan "On Civil Service of the Republic of Kazakhstan by Order No. 1 dated March 04, 2022, the chief specialist of the state institution "Office of the akim of the district " Kuat Dauren Kuatovich was disciplined penalty in the form of a reprimand.
The specified shortcomings in the submission of the prosecutor's office of the Panfilov district dated March 15, 2022 No. 2-0415-22-00420 during the second audit: analysis of compliance with the requirements of the Code of the Republic of Kazakhstan "On Taxes and Other mandatory payments to the Budget" and the state of production of mandatory payments to the state without compliance with the requirements of the specified law "On Taxes and other mandatory payments to the budget", inefficiency of work was revealed aimed at collecting taxes, however, the analysis shows that the chief specialist of the Aidarli rural district, D. Maralbayev, responsible for collecting this tax, therefore, in accordance with subparagraph 1 of paragraph 3 of Article 44 of the Law of the Republic of Kazakhstan "On the Civil Service of the Republic of Kazakhstan": chief specialist of the state institution "Office of Akim of Aidarli rural district" Maralbayev Daryn Meiramovich, By order No. 2 of March 29, 2022, disciplinary punishment was imposed in the form of a warning.
The amount of budget savings for 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 among employees, as well as improving the effectiveness of the application of anti-corruption legislation in the activities of the Akim's Office.
According to paragraph 1 of Article 14 of the PK Law "On Combating Corruption", persons holding a responsible public position, persons authorized to perform public functions, and persons equated to persons authorized to perform public 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 regional significance, settlements, villages, rural districts, as well as members of elected local government bodies) may not hold positions that are directly subordinate to the posts, occupied by their close relatives and (or) spouse, as well as relatives.
During the analysis of corruption risks, the facts of joint service (work) of close relatives, the facts of 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 mayor 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 assign another employee to perform official duties on an issue in connection with which a conflict of interest has arisen or may arise;
-change job responsibilities;
-take measures to eliminate conflicts of interest.
2.1 Checking personal files.
The personal files of the staff of the Akim's Office were checked for the presence of requirements of the UKPSIS PK on the commission by civil servants of offenses preventing entry into public service when hiring, oaths, restrictions related to staying in public service, familiarization with the Code of Ethics 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 from individuals and legal entities.
In the 12 months of 2022, the Akim's Office received 5 appeals from individuals, and in the same period of 2021 — 5.
Of the 5 physical appeals received in the 12 months of 2022, all were reviewed 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.
In the 12 months of 2022, 5 appeals were received for consideration as an administrative procedure, including 3 other applications (request, feedback, proposal), 1 was accepted during a personal reception.
Identification of corruption risks in regulatory legal acts affecting the activities of the office of the akim of the Aidarli rural district
The state institution "Apparatus of Akim of Aidarli rural district" of Panfilov district carries out its activities in accordance with the laws and Constitution of the Republic of Kazakhstan, acts of the President and Government of the Republic of Kazakhstan, as well as other regulatory legal acts and Regulations on the state institution "Apparatus of Akim of Aidarli rural district". The number of acts of the akim of the rural district adopted by the akim of the state institution " Akim's Office of the Aidarli rural district " in January - December 2022 is 82, of which the decision is 13. The order of the main activity is 37, personnel-11, on business trips-21.
All applications 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 Aidarli rural district conducted 24 purchases for a total of 14 million 395 thousand tenge in 12 months of 2022, according to the approved public procurement plan, of which:
- 20 requests for price offers;
— 3 from the same source for failed;
1 from a single source by direct conclusion.
Purchases using 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 of price quotations and a number of other forms of procurement aimed at simplifying and transparency of this procedure has allowed minimizing corruption risks. No violations were detected. An analysis of the procurement work showed that there is currently no technical failure on the public procurement web portal.
The Akim's office, 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/NK "On approval of the Register of Public Services", is the service provider of 5 public services;
- Provision of a land plot for the construction of an object within the settlement
- Sale of a land plot to private ownership at a time or in installments
- Queuing for a land plot
- Acquisition of rights to land plots that are in state ownership, which does not require bidding (contests, auctions)
- Issuance of a decision to change the purpose of the land plot
In just 12 months of 2022, 2 public services were provided electronically through the E-Licensing web portal, and 1 public service was provided in paper form. Reviewed in due time and in compliance with the norms of the current legislation of the Republic of Kazakhstan.
The akim's office does not perform licensing functions.
The Akim's office does not perform control and supervisory functions.
The monitoring of the mass media was carried out in order to identify negative materials regarding civil servants of the Akim's Office. No negative materials were identified during the study period.
Inspections of other government agencies.
On November 4, 2022, a planned set of inspections was carried out to the audit commission for accounting by the chief specialist of the audit commission for the Zhetysu region, state auditor G. Kazakbekov, who, during a general inspection of the apparatus and accounting, no violations were revealed.
The analysis of the district akim's orders on personnel and the main activity of the Akim's Office was carried out.
Recommendations on preventing corruption risks
- Organization of seminars to improve the legal literacy and responsibility of civil servants.
- Further work is needed to analyze corruption risks
- To urge employees not to transfer their EDS to other persons and not to leave them unattended.
Composition of the working group:
Habiuli K. _________________Akim of Aidarli rural district
Konchibaev B. ______________ Chief Specialist of the Akim's office
Aidarli rural district
Maralbaev D. ____________________ Chief Specialist of the Akim's office
Aidarli rural district
Kadirova R. ___________________ Chief Specialist of the Akim's office
Aidarli rural district
Bizhanov J. _______________________Chairman of the local community