Anti-corruption standard of the Ministry of Education and Science of the Republic of Kazakhstan

Publication date: 20.01.2017

1. General provisions

1. The present anti-corruption standard of the Ministry of Education and Science of the Republic of Kazakhstan (hereinafter - the Ministry) is developed in accordance with Article 10 of the Law of the Republic of Kazakhstan dated November 18, 2015 “On Combating Corruption”, Methodological Recommendations for the Development of Anti-Corruption Standards, approved by the Agency for Civil Service Affairs of the Republic of Kazakhstan and counteraction to corruption and is advisory in nature.

2. The anti-corruption standard is developed by the Department of Legal Service and International Cooperation of the Ministry of Education and Science of the Republic of Kazakhstan.

3. The anti-corruption standard is directed toward the establishment of the system of recommendations, directed  on  prevention of corruption in self-contained sphere of social relations.

4. The tasks of developing the anti-corruption standards are as follows:

1) the formation of the steady anti-corruption behavior among persons, who work in the self-contained sphere of social relations;

2) the timely identification of the corruptive manifestations and averting their negative consequences.

5. The principles of the anti-corruption standards are as follows:

1) legality;

2) transparency;

3) ethicality;

4) the observance of rights and legitimate interests of individuals and legal entities and their protection from the corruptive manifestations;

5) avoiding the conflict of interests.

6. Anti-corruption standards define the actions and solutions of those, who work in isolated sphere of social relations, directed to the the observance of the established rules and averting the corruptive manifestations.

7. The anti-corruption standards are based on the direct actions on the performance of the official responsibilities in terms of prevention of the manifestations of corruption during:

1) realization of rights and legal interests of individuals and legal entities in the sphere, affected by the anti-corruption standard;

2) preparation and adoption of administrative and other solutions within their respective spheres of competence;

3) preparation of the draft laws and regulations of the Republic of Kazakhstan;

4) other socially important relations depending on the specific character of the corresponding sphere of life.

2. Rules of conduct (actions) of persons working in the isolated sphere of public relations

8. When implementing the rights and legitimate interests of individuals and legal entities in the area affected by the anti-corruption standard:

1) be guided by the Constitution and laws of the Republic of Kazakhstan, acts of the President, the Government of the Republic of Kazakhstan, other regulatory legal acts, orders of the Minister and the Executive Secretary, as well as the position of the Ministry;

2) to contribute to strengthening the unity of the people of Kazakhstan and interethnic harmony in the country, to respect state and other languages, traditions and customs of the people of Kazakhstan;

3) to be honest, fair, modest, to observe the generally accepted moral and ethical standards in dealing with individuals, representatives of legal entities and colleagues, to show courtesy and correctness;

4) to ensure transparency in making the decisions, which affect rights and legitimate interests of individuals and legal entities;

5) by their actions and behavior, do not give rise to criticism on the part of the society, to prevent prosecution for criticism, to use constructive criticism to eliminate shortcomings and improve their activities;

6) not use the official position to influence the activities of state bodies, organizations, civil servants and other persons when solving personal issues;

7) not to disseminate information that does not correspond to reality;

8) not to commit misdeeds and other offenses, for which law provided disciplinary, administrative or penal responsibility;

9) to ensure the enforcement of labor legislation and legislation on public service in the state body, ensure compliance with the regime and conditions of work, as well as restrictions related to staying in the public service.

9. When rendering state services and other permissive functions:

1) to take measures for an improvement in the quality of the rendering state services on a constant basis;

2) to provide complete and adequate information on the procedure for rendering state services to service takers in the accessible form;

3) not to allow the demanding of the not prescribed documents, as well as to avoid red tape (bureaucracy) of every kind in the course of the rendering of state services and other permissive functions;

4) to report to management about any attempt at inciting him/her to commit a corruption offence;

5) to ensure constant improvement of the process of the rendering of state services, efficiency and effectiveness in the provision of state services.

10. When carrying out public procurement related to the acquisition of goods, works, services, officials are recommended:

1) to optimally and effectively expend the monetary resources used for the public procurement;

2) to give potential suppliers equal possibilities for the participation in the procedure of conducting the public procurement, except in cases provided by the Law;

3) to ensure openness and transparency of the process of the public procurement;

4) not to allow the corruptive manifestations;

5) not to allow participation as the potential supplier and (or) the drawn by it subcontractor (co-executor), who have outstanding obligations on the executive documents and included in the Unified register of debtors.

11. When preparing and making managerial and other decisions within their competence:

1) to report to direct or immediate supervisor about the appearance of the conflict of interests, personal interest during the performance of official duties, about inciting him/her to corruption behavior and obtaining of gifts;

2) not use the official position to influence the activities of state bodies, organizations, civil servants and other persons when solving personal issues;

3) not to give to associates, supervisors and other officials gifts and not to render unofficial services with the use of official powers for obtaining of property benefit, good or advantage;

4) to manifest activity in the counteration to corruption, the disclosure of the corruption offenses;

5) to report without delay to management about the facts of corruption become known to them, and also about the inciting to obtaining of any benefit for the accelerated examination of the materials or red tape;

6) in the written form without delay to report to direct supervisor about the doubts in the lawfulness of the order received for execution;

7) to address the higher management, if the immediate manager is himself involved in the conflict of interests;

8) to abstain from the rendering of assistance to anyone in carrying out entrepreneurial or other activities related to the extraction of incomes.

12. When preparing the draft laws and regulations:

1) ensure mandatory participation of the public and the mass media in the preparation and discussion of draft normative legal acts;

2) ensure coordination of the legal acts by the structural units of the Ministry of Monitoring and preparation of relevant reports on an ongoing basis;

3) to post on the Internet portal with open regulatory legal acts the drafts of normative legal acts developed before being sent for approval to the interested state bodies for public discussion;

4) not to use in normative legal acts norms containing corruption factors or their signs.

13. When organizing personnel work for the selection and placement of employees / employees of the Ministry, it is recommended:

1) to comply with the deadlines for consideration of materials for appointments;

2) when hiring for service / work in the Ministry, to explain the main duties, prohibitions and restrictions imposed on officials;

3) to comply with the requirements of the legislation of the Republic of Kazakhstan when selecting personnel;

4) not to allow unjustified transfer of information about the personal data of civil servants;

5) not to require from candidates for service / work documents that are not relevant for the conclusion of an employment contract;

6) to objectively and comprehensively conduct official investigations against the employees of the Ministry.

14. In the course of other relationships that arise depending on the specifics of the sphere of life:

1) to specify coherently and clearly the tasks and scope of the powers of subordinate officials;

2) not to allow an uneven distribution of labor load among officials in subordination;

3) to exercise fairness and objectivity in evaluating the results of their activities, as well as applying incentives and penalties;

4) not to allow unreasonable accusations, facts of rudeness, humiliation of human dignity, tactlessness or incorrect behavior in relation to subordinate employees;

5) not to give explicitly impracticable orders or that go beyond their official duties, and also contradict the legislation;

6) not use the official position to influence the activities of subordinates in matters of non-official nature;

7) not to force subordinates to commit corruption offenses;

8) to timely take exhaustive measures to resolve the conflict of interests that arose with colleagues in the course of their performance of their official duties;

9) to ensure the safety of property, rationally, effectively to use property for business purposes, including vehicles.

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Ministry of Education and Science Republic of Kazakhstan 010000, Nur-Sultan, Mangylyk EL street, 8.

Phone number: +7 (7172) 74-24-11