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THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN FOR PUBLIC SERVICE AND TO ANTI-CORRUPTION

of October 19, 2016 No. 12

About approval of Standard rules of carrying out the internal analysis of corruption risks

According to Item 5 of article 8 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" PRIKAZYVAYU:

1. Approve the enclosed Standard rules of carrying out the internal analysis of corruption risks.

2. Declare invalid the order of the Minister of cases of public service of the Republic of Kazakhstan of December 29, 2015 No. 18 "About approval of Standard rules of carrying out the internal analysis of corruption risks" (registered in the Register of state registration of regulatory legal acts for No. 12651, published on January 15, 2016 in information system of law of Ad_let).

3. And to anti-corruption in the procedure established by the legislation to provide to department of anti-corruption policy of the Agency of the Republic of Kazakhstan for public service:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in information system of law of Ad_let;

3) within ten calendar days from the date of state registration of this order the direction it the copy on official publication in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Agency of the Republic of Kazakhstan for public service and to anti-corruption.

4. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption supervising questions of anti-corruption.

5. This order becomes effective from the date of its first official publication.

The chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption

K. Kozhamzharov

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of October 19, 2016 No. 12

Standard rules of carrying out the internal analysis of corruption risks

Chapter 1. General provisions

1. These Standard rules of carrying out the internal analysis of corruption risks (further - Standard rules) are developed according to Item 5 of article 8 of the Law of the Republic of Kazakhstan "About anti-corruption" and determine procedure for carrying out the internal analysis of corruption risks by state bodies, organizations and subjects of the quasi-public sector (further - subjects of the internal analysis of corruption risks).

Chapter 2. Procedure for carrying out the internal analysis of corruption risks

2. The basis for carrying out the internal analysis of corruption risks is the decision of the head of the subject of the internal analysis of corruption risks, in case of its absence - person fulfilling its duties or replacement its position.

3. The decision on carrying out the internal analysis of corruption risks is made, including based on results of anti-corruption monitoring.

At the same time, in these Standard rules heads of the subject of the internal analysis of corruption risks are understood as heads of state body and its department, organization, and also the heads of subjects of the quasi-public sector performing the current management of their activities.

4. The internal analysis of corruption risks is carried out by the structural division, person authorized on carrying out the internal analysis of corruption risks, determined by the first head of the subject of the internal analysis of corruption risks, or the working group created by its decision.

According to the decision of the first head in structure of the working group specialists and (or) experts of other subjects of anti-corruption are attracted.

5. Subject of the internal analysis of corruption risks are activities of structural division, department, subordinated organization, the territorial and equated to it division of the subject of the internal analysis of corruption risks (further - division).

6. The decision on carrying out the internal analysis of corruption risks contains the following information:

1) the name of division which activities are subject to the internal analysis of corruption risks;

2) the direction of the internal analysis of corruption risks according to Item 8 of these Standard rules;

3) about structural division, the official (officials) or members of working group which carries out the internal analysis of corruption risks;

4) period of carrying out the internal analysis of corruption risks;

5) about the official of the subject of the internal analysis of corruption risks to who the management, coordination and responsibility for carrying out the internal analysis of corruption risks and results of work is assigned.

7. Frequency of carrying out the internal analysis of corruption risks is determined by subjects of the internal analysis of corruption risks.

8. The internal analysis of corruption risks is performed in the following directions:

1) identification of corruption risks in the regulatory legal acts affecting activities of division;

2) identification of corruption risks in organizational management activity of division.

9. In the regulatory legal acts affecting activities of division the discretion and regulations promoting making of corruption offenses come to light.

10. The organizational management activity of division is understood as questions:

1) personnel managements, including removability of personnel;

2) settlement of conflicting interests;

3) rendering the state services;

4) realization of allowing functions;

5) realization of control functions;

6) other questions following from organizational management activity of division.

11. Information sources for carrying out the internal analysis of corruption risks are:

1) the regulatory legal acts affecting activities of division;

2) results of the checks which are earlier carried out by state bodies concerning division;

3) publications in mass media;

4) the appeals of physical persons and legal entities which arrived

in division;

5) acts of public prosecutor's supervision;

6) court resolutions;

7) other data which provision is allowed by the legislation of the Republic of Kazakhstan.

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