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ORDER OF THE MINISTRY OF ECONOMICS OF THE KYRGYZ REPUBLIC

of June 17, 2014 No. 92

About approval of Methodical recommendations about identification, assessment and management of corruption risks in the public and municipal service of the Kyrgyz Republic

According to item 4 of the order of the Government of the Kyrgyz Republic "About measures of implementation of the Presidential decree of the Kyrgyz Republic "About the announcement of 2014 Year of strengthening of statehood" of January 29, 2014" of March 24, 2014 177, I order to No.:

1. Approve Methodical recommendations about identification, assessment and management of corruption risks in the public and municipal service of the Kyrgyz Republic (further - Methodical recommendations).

2. To department of policy of the prevention of corruption to bring Methodical recommendations to the attention of authorized persons of the state bodies and local government bodies responsible for realization of anti-corruption measures of the Government of the Kyrgyz Republic.

3. To department of documentary providing, control and organizational work of management of organizational and technical and financial provision to bring this order to the attention of all staff of structural, territorial subdivisions and subordinated bodies of the ministry.

4. I reserve control of execution of this order.

Minister

T. Sariyev

Appendix

Approved by the Order of the Ministry of Economics of the Kyrgyz Republic of June 17, 2014 No. 92

Methodical recommendations about identification, assessment and management of corruption risks in the public and municipal service of the Kyrgyz Republic

I. General provisions

1. These methodical recommendations about identification, assessment and management of corruption risks in the public and municipal service (further - Methodical recommendations) estimates and management of corruption risks in public authorities and local government bodies of the Kyrgyz Republic are developed for the purpose of establishment of single approach in case of identification (further - state bodies).

2. In relation to these methodical recommendations the following concepts and determinations are used:

Ministerial procedure is the procedure for consecutive making of legally significant actions of her participants enshrined in the legal act directed to permission of individual legal case (realization of the subjective rights, execution of legal obligations) or accomplishment of separate public function (for example, maintaining the register, registration, control check).

The commission on the prevention of corruption is advisory body state or local government body of the Kyrgyz Republic which is accountable to the head. The purpose of the Commission is development and realization of anti-corruption policy in state bodies, taking measures to counteraction to corruption manifestations, prevention of corruption factors, and also minimization of the reasons and conditions generating corruption factors.

Corruption risks are the opportunities for action (failure to act) of the government and local government officers pledged in system of the public and municipal authority for the purpose of illegal extraction of material and other benefit in case of accomplishment of the ex-officio full powers.

Corruptogenic factors are the phenomenon or set of the phenomena generating corruption offenses or promoting their distribution.

II. Identification and assessment of corruption risks

1. Identification and assessment of corruption risks is performed by realization of the following stages:

1.1. Establishment of the list of potentially corruptogenic fields of activity of state body and forming of the list of corruption and dangerous functions of state body (Appendix No. 1).

In the list of fields of activity of state body it is possible to allocate activities which contain the increased level of corruption risks:

- order placement on delivery of goods, performance of works, rendering services;

- forming, execution and control of budget implementation;

- management and the order of objects of the state-owned and municipal property (the building, structure, construction), including concerning lease, free use and privatization of these objects;

- management and the order of the parcels of land, including concerning lease and sale of these sites;

- management and the order of housing stock, including concerning the conclusion of agreements of social, commercial hiring, hiring of specialized dwelling stock;

- provision of the state guarantees, budget credits, subsidies, subventions, grants, management of budget debt;

- and another.

The increased level of corruption risks contains also in certain economic and social spheres:

- transport and road economy;

- construction and capital repairs;

- natural and resource regulation;

- power and oil and gas complex;

- agro-industrial complex;

- housing-and-municipal complex;

- health care;

- education.

High level of corruption risks is present at processes and procedures:

- acceptances of regulatory legal acts;

- issues of licenses, permissions to carrying out separate work types;

- appointments to the state and municipal positions, including carrying out certification, qualification examinations, tenders on replacement of vacant positions and inclusion in personnel reserve.

It is recommended to include those functions in case of which realization there are prerequisites for emergence of corruption in the list of corruption and dangerous functions.

The following functions are subject to obligatory assessment on corruptibility:

- on control and supervision;

- to management of the state-owned and municipal property;

- to rendering the state services;

- allowing and registration;

- jurisdictional;

- rule-making powers.

Functions on control and supervision are understood as the functions connected with implementation of checks of legality of activities of various subjects (objects of control - inspections, auditing managements, and the other, exercising control and supervision in certain spheres).

Functions on management of the state-owned and municipal property are understood as the order by the state-owned and municipal property including transferred to the public and local government offices and the companies and also management of the state and municipal block of shares in joint-stock companies.

Functions on rendering the state services are understood as provision of services by state body directly or through organizations or other organizations subordinated to them gratuitously or at regulated prices, on requests of applicants in the limits set by the legislation of the Kyrgyz Republic of powers.

Allowing functions are understood as the functions connected with issue of the documents confirming the special rights to occupation with certain activities (certificates, licenses, permissions, certificates on accreditation, etc.).

Registration functions are understood as the registration of acts, documents, the rights, objects performed for the purpose of the certificate of the facts of establishment, change or the termination of legal status of subjects.

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