{"id":205,"date":"2022-07-20T11:51:02","date_gmt":"2022-07-20T06:51:02","guid":{"rendered":"https:\/\/a-vm.kz\/ru\/?p=205"},"modified":"2026-10-29T12:34:38","modified_gmt":"2026-10-29T07:34:38","slug":"analiticheskaja-spravka-o-rezultatah-provedenija-vnutrennego-analiza-korrupcionnyh-riskov-v-tovarishhestve-s-ogranichennoj-otvetstvennostju-astana-venue-management-dalee-tovarishhestvo","status":"publish","type":"post","link":"https:\/\/a-vm.kz\/en\/anti-corruption\/205-analiticheskaja-spravka-o-rezultatah-provedenija-vnutrennego-analiza-korrupcionnyh-riskov-v-tovarishhestve-s-ogranichennoj-otvetstvennostju-astana-venue-management-dalee-tovarishhestvo\/","title":{"rendered":"ANALYTICAL REPORT ON THE RESULTS OF THE INTERNAL ANALYSIS OF CORRUPTION RISKS IN ASTANA VENUE MANAGEMENT LIMITED LIABILITY PARTNERSHIP (HEREINAFTER \u2013 THE PARTNERSHIP)"},"content":{"rendered":"

Analytical Report<\/strong><\/p>\n

on the results of the internal analysis of corruption risks in the Limited Liability Partnership<\/h2>\n

\u00abAstana Venue Management\u00bb<\/strong><\/p>\n

(hereinafter \u2013 the Partnership)<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

By letter No. 01-12\/157 of 22.02.2023 from D.M. Malakhov, First Deputy Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service), the Partnership was informed of the new Standard Rules for Conducting an Internal Analysis of Corruption Risks (hereinafter \u2013 the Rules), approved by Order No. 21 of the Chairman of the Agency of 16 January 2023 (registered with the Ministry of Justice on 18 January 2023 under No. 31713), and the Methodological Recommendations for Conducting an Internal Analysis of Corruption Risks, approved by Order No. 488 of the Chairman of the Agency of 30 December 2022.<\/p>\n

In addition, by letter No. 01-12\/288 of 05.04.2023, the Office of the Akim of Astana informed the Partnership of the Schedule for conducting internal analyses of corruption risks in the departments and quasi-public organisations of Astana, under which the Partnership was required to complete its internal analysis of corruption risks in May 2023. The Partnership was also informed of the Implementation Plan for Standard Basic Area No. 4 “Prevention of and Combating Corruption” for 2023, which sets strict requirements for the procedure, scope and timing of the internal analysis.<\/p>\n

Pursuant to the above letters, the General Director of the Partnership issued Order No. 01-04\/95 of 26 April 2023 “On Conducting an Internal Analysis of Corruption Risks”, which approved the composition of the commission chaired by the Partnership’s compliance officer D.A. Yakupov. The analysis was to be carried out from 1 May to 26 May 2023, covering the period from May 2022 to May 2023.<\/p>\n

On 14 April 2023, 10 working days before the start of the internal analysis, its launch was announced on the Partnership’s corporate portal, with an invitation to submit proposals and\/or apply to join the commission. By the start of the internal analysis, no proposals or applications had been received.<\/p>\n

The internal analysis of corruption risks was carried out in the following areas:<\/p>\n

1) identification of corruption risks in regulatory legal acts affecting the activities of departments;<\/p>\n

2) identification of corruption risks in the organisational and managerial activities of departments.<\/p>\n

During the internal analysis, materials on the Partnership’s activities were studied and summarised, as well as documents and practices of organisational and managerial activities (the Charter, Regulations, internal regulatory documents, employees’ job descriptions, Regulations on Departments, etc.) and the regulatory legal acts governing the Partnership’s activities.<\/p>\n

 <\/p>\n

IDENTIFICATION OF CORRUPTION RISKS IN REGULATORY<\/strong><\/p>\n

LEGAL ACTS AFFECTING THE ACTIVITIES<\/strong><\/p>\n

OF DEPARTMENTS<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

Corruption Risk 1<\/h2>\n

\u00a0<\/strong><\/p>\n

Under subparagraph 10) of paragraph 19 of section 5 of the Charter, the General Director of the Partnership approves 28 internal documents governing the partnership’s activities.<\/p>\n

At the time of the analysis, 26 of the 28 internal acts had been approved. 2 internal regulatory documents had not been approved:<\/p>\n

1. Regulations on Training of the Partnership’s Staff;<\/p>\n

2. Instructions on the Procedure for Inventory of the Partnership’s Property;<\/p>\n

 <\/p>\n

Recommendation 1<\/h2>\n

Develop the missing internal regulatory documents or, if they are not needed, remove them from the list of internal regulatory documents governing the partnership’s activities in its charter.<\/p>\n

 <\/p>\n

\u00a0<\/strong><\/p>\n

Corruption Risk 2<\/h2>\n

\u00a0<\/strong><\/p>\n

During the internal analysis, the Rules for Selecting Tenants of the Partnership’s Commercial Premises, approved by Order of the General Director No. 18-P of 06.09.2019, and the Rules for Selecting Counterparties for Services Provided, approved on 05.11.2021 under No. 01-04\/344, were studied.<\/p>\n

One of the main principles of the above rules is to eliminate the possibility of causes and conditions that facilitate corruption offences.<\/p>\n

Under the rules, selection is carried out on the basis of submitted applications for both short-term and long-term services by direct conclusion of a contract.<\/p>\n

When 2 (two) or more applications are received from potential counterparties, the partnership makes its selection in the following order:<\/p>\n

– by the date and time the applications were received;<\/p>\n

– absence of tax arrears;<\/p>\n

– absence from the register of debtors in enforcement proceedings;<\/p>\n

– the application must be no lower than the cost of services in the Partnership’s approved price list.<\/p>\n

A study of the practice of applying the rules showed that, when vacant premises suitable for rent are available, the Commercial Affairs Department posts a corresponding announcement on the corporate website describing the technical characteristics and location, with contacts for submitting an application.<\/p>\n

When an application is received, the counterparty is checked against the above criteria and, provided it fully complies, a contract is concluded.<\/p>\n

It should be noted that the rules do not require announcements to be published on the website.<\/p>\n

It should also be noted that all announcements are posted only in Russian, which does not comply with paragraph 14 of Article 16 of the Law of the Republic of Kazakhstan “On Access to Information”, which requires information on an internet resource to be provided in Kazakh and Russian.<\/p>\n

 <\/p>\n

\u00a0Recommendation 2<\/h1>\n

Supplement the Rules for Selecting Tenants of the Partnership’s Commercial Premises, approved by Order of the General Director No. 18-P of 06.09.2019, and the Rules for Selecting Counterparties for Services Provided, approved by Order of the General Director No. 01-04\/344 of 05.11.2021, with an obligation to post announcements of premises planned for rent on the Partnership’s internet resource in Kazakh and Russian.<\/p>\n

 <\/p>\n

 <\/p>\n

Corruption Risk 3<\/h1>\n

\u00a0<\/strong><\/p>\n

Under paragraph 47 of the Rules for Drawing Up and Submitting a Budget Application, when planning expenses for the purchase of inventories and fixed assets, at least three price lists for each type of inventory or fixed asset must be attached to the calculation, and the calculations must be submitted with justifications and a mandatory breakdown for each type of expense.<\/p>\n

In accordance with the above Rules, when forming the budget, Customers are forced to ask potential suppliers for commercial offers, which may no longer be relevant at the time of public procurement, both because of price increases and because of overstated prices.<\/p>\n

In this regard, the ability to plan the budget based on reliable, indisputable sources independent of the customer becomes particularly important.<\/p>\n

At the same time, according to subparagraph 29) of Article 2 of the Law “On Public Procurement”, the database of prices for goods, works and services is an information subsystem forming part of the public procurement web portal that contains information on the prevailing minimum, average and maximum prices for goods, works and services based on the results of public procurement (hereinafter \u2013 the Price Database).<\/p>\n

 <\/p>\n

Recommendation 3<\/h2>\n

\u00a0<\/strong><\/p>\n

Send a letter to the Ministry of Finance on the need to develop and implement the information subsystem “database of prices for goods, works and services” provided for by subparagraph 29) of Article 2 of the Law “On Public Procurement”.<\/p>\n

\u00a0<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

Corruption Risk 4<\/h2>\n

\u00a0<\/strong><\/p>\n

Owing to its core activities, the partnership receives municipal real estate facilities into trust management by decision of the authorised body in order to ensure their operation, including through the purchase of goods, works and services.<\/p>\n

However, when a facility is transferred, a situation arises where the facility has been put on the balance sheet, but no contracts for utilities, electricity, security, cleaning, maintenance of technological equipment and other services can be concluded until the tender results are announced. A tender may take 1.5\u20132 months, or longer in the case of a repeat tender or an appeal against the tender results.<\/p>\n

Therefore, when the authorised body decides to transfer a facility to the Customer and measures are taken to urgently support its activities for uninterrupted operation, the Customer is forced to conclude a public procurement contract under paragraph 50 of Article 39 of the Law before the tender results are announced, at the time the new facility is transferred. However, concluding a contract on this basis is permitted only in January, and applying this basis in other months of the year is a violation entailing an administrative fine for the chief executive.<\/p>\n

 <\/p>\n

Recommendation 4<\/h2>\n

It is proposed to send a letter to the Ministry of Finance of the Republic of Kazakhstan proposing the following addition to subparagraph 50 of paragraph 3 of Article 39 of the Law “On Public Procurement”:<\/p>\n

after the words “if such public procurement is carried out during the first month of the year,” add the words “in the event that a facility is transferred to the Customer during the year”.<\/p>\n

\u00a0<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

IDENTIFICATION OF CORRUPTION RISKS IN ORGANISATIONAL AND MANAGERIAL ACTIVITIES<\/strong><\/p>\n

OF DEPARTMENTS<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

Corruption Risk 5<\/h2>\n

\u00a0<\/strong><\/p>\n

Openness and transparency are key factors in the fight against corruption. Open information on the company’s website makes it possible to:<\/p>\n

1. Demonstrate the company’s commitment to transparency and integrity in its activities, which can strengthen its business reputation and increase stakeholder trust.<\/p>\n

2. Ensure the availability of information on its anti-corruption policies, procedures and programmes, which raises awareness among both the partnership’s employees and its counterparties.<\/p>\n

3. Help counter corruption risks by raising awareness of them, which can help detect signs of corruption early and prevent entrenched corruption schemes.<\/p>\n

4. Prevent corrupt practices by ensuring transparency in decision-making processes and disclosing information on the company’s financial operations and business transactions.<\/p>\n

5. Reduce the risk of corruption schemes and stop such violations by openly reporting corruption incidents and the measures taken by the company to prevent them.<\/p>\n

Overall, openness and transparency of information on the company’s website help prevent and stop corrupt practices, strengthen the company’s business reputation and increase stakeholder trust.<\/p>\n

Moreover, Article 16 of the Law of the Republic of Kazakhstan No. 401-V of 16 November 2015 “On Access to Information” regulates the list of information to be posted on the internet resources of quasi-public sector entities that directly affects the anti-corruption policy followed by the partnership: contact details (postal address, email address, telephone numbers) of structural divisions; announced vacancies; qualification requirements for candidates for vacant positions; telephone numbers for information on vacancies; regulatory documents governing activities; information on the procurement of goods (works, services); and the schedule for receiving individuals and representatives of legal entities in person.<\/p>\n

 <\/p>\n

Recommendation 5<\/h2>\n

\u00a0<\/strong><\/p>\n

Fill the partnership’s internet resource with the following information: contact details (postal address, email address, telephone numbers) of structural divisions; announced vacancies; qualification requirements for candidates for vacant positions; telephone numbers for information on vacancies; regulatory documents governing activities; information on the procurement of goods (works, services); and the schedule for receiving individuals and representatives of legal entities in person.<\/p>\n

 <\/p>\n

 <\/p>\n

Corruption Risk 6<\/h2>\n

\u00a0<\/strong><\/p>\n

As a legal entity subordinate to the akimat, the partnership owns and uses state municipal property.<\/p>\n

In 2023, when a car was transferred from the partnership’s balance sheet to that of another state institution, it was found that the partnership had been fined for administrative offences because the partnership’s driver had violated traffic rules. It should be noted that the very fact of a traffic violation in a state vehicle harms both the partnership’s financial interests and carries reputational risks for the akimat as a whole. Regarding the recovery of material damage from the partnership’s employees:<\/p>\n

According to the Labour Code of the Republic of Kazakhstan (hereinafter \u2013 the LC RK), the parties to an employment contract are financially liable for damage (harm) caused to the other party to the contract as a result of unlawful actions.<\/p>\n

In accordance with subparagraph 5 of paragraph 2 of Article 115 of the LC RK, deductions from an employee’s salary to repay their debt to the organisation in which they work may be made on the basis of an employer’s act with notification of the employee, subject to their written consent. At the same time, according to paragraph 3 of Article 115 of the LC RK, when deductions are made from wages under several writs of execution, as well as in cases provided for by the laws of the Republic of Kazakhstan and this article of the Code, the monthly deduction may not exceed fifty per cent of the wages due to the employee.<\/p>\n

In addition, it is possible for an employee to repay the debt from personal funds without resorting to a system of monthly deductions from their salary.<\/p>\n

Please note that according to Article 120 of the LC RK, a party to an employment contract is financially liable for damage (harm) caused to the other party to the employment contract if it was caused by culpable unlawful conduct (action or inaction) and there is a causal link between the culpable unlawful conduct and the damage (harm) caused, unless otherwise provided by this Code and other laws of the Republic of Kazakhstan.<\/p>\n

A party to an employment contract that has caused damage (harm) to the other party shall compensate for it in accordance with this Code and other laws of the Republic of Kazakhstan.<\/p>\n

The financial liability of the employee and the employer may be specified in the employment contract. In addition, when a company car is provided, the liability agreement may also state that, if fines are found and the employee’s guilt is proven, the employee does not object to the debt being deducted from their salary (this will constitute the employee’s written consent under Article 115 of the LC RK).<\/p>\n

Termination of the employment contract after damage (harm) has been caused does not release the party to the employment contract from financial liability to compensate the other party for the damage (harm) caused.<\/p>\n

The list of grounds for full financial liability for harm caused to the employer through the employee’s fault in the performance of their job duties is set out in paragraph 8 of Article 123 of the LC RK. According to this paragraph of Article 123 of the LC RK, the damage caused may be classified as direct actual or full.<\/p>\n

Full financial liability for the damage caused to the employer or the receiving party is imposed on the employee in the following cases:<\/p>\n

1) failure to ensure the safety of property and other valuables entrusted to the employee or an employee of the sending party under a written agreement on assuming full financial liability;<\/p>\n

2) failure to ensure the safety of property and other valuables received by the employee or an employee of the sending party on account under a one-time document;<\/p>\n

3) causing damage while under the influence of alcohol, drugs or toxic substances (or their analogues);<\/p>\n

4) shortage, deliberate destruction or deliberate damage of materials, semi-finished products, products, including during their manufacture, as well as tools, measuring instruments, special clothing and other items issued by the employer or the receiving party to the employee or an employee of the sending party for use;<\/p>\n

5) violation of a non-compete condition that resulted in damage to the employer or the receiving party;<\/p>\n

6) in other cases stipulated in employment or collective agreements or acts of the receiving party.<\/p>\n

 <\/p>\n

Recommendation 6<\/h2>\n

 <\/p>\n

In order to detect fines on vehicles in a timely manner and prevent them from being recovered from the Partnership, introduce the practice of checking fines in state databases every month, and add an item on checking for fines to the clearance sheet completed when an employee is dismissed.<\/p>\n

 <\/p>\n

 <\/p>\n

Corruption Risk 7<\/h2>\n

\u00a0<\/strong><\/p>\n

According to paragraph 1 of Article 64-1 of Law No. 252 of 16.07.2001 “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”, comprehensive non-departmental expert review of projects is carried out by expert organisations and performed by experts certified in the relevant sections (parts) of feasibility studies or design and estimate documentation.<\/p>\n

According to paragraph 5 of the Rules for the Accreditation of Expert Organisations, the accreditation of a service recipient is carried out by the authorised body and confirmed by a certificate of accreditation granting the right to carry out mandatory comprehensive non-departmental expert review of projects (feasibility studies and design and estimate documentation) intended for construction, except for projects classified as a state monopoly.<\/p>\n

However, this certificate is not included in the list of first- and second-category permits under Annexes 1 and 2 to the Law “On Permits and Notifications”, while on the Public Procurement Portal (hereinafter \u2013 the Portal) permit documents can be filled in automatically only from the list under the Law “On Permits and Notifications”.<\/p>\n

As a result, permit documents not provided for by the Law “On Permits and Notifications” cannot be selected, which leads the customer to fill in incomplete qualification requirements and subsequently gives grounds for complaints from Suppliers.<\/p>\n

Consequently, the inability to fill in a permit document that is not included in the list under the Law “On Permits and Notifications” allows other potential suppliers who do not have the right to carry out this activity to participate.<\/p>\n

Integrating the public procurement system with elicense.kz will allow Customers and Suppliers to use the licensing system correctly and effectively when preparing the annex to the tender documentation on qualification requirements on the Portal.<\/p>\n

 <\/p>\n

Recommendation 7<\/h2>\n

Send the following proposals for improving legislation to the Ministry of Finance of the Republic of Kazakhstan: “integrate the public procurement system with elicense.kz so that the certificate of accreditation granting the right to carry out mandatory comprehensive non-departmental expert review of projects (feasibility studies and design and estimate documentation) intended for construction, except for projects classified as a state monopoly, can be selected on the portal”.<\/p>\n

 <\/p>\n

 <\/p>\n

Corruption Risk 8<\/h2>\n

\u00a0<\/strong><\/p>\n

Tender participants often submit applications without a complete set of documents and do not bring their applications into compliance, which suggests that their intention to participate in the tender has not been thought through. Such cases lead to delays in the delivery of goods, performance of works and provision of services.<\/p>\n

For example, a tender for facility security services was held 4 times in one year. The tender procedures took 7 months from the first acceptance of applications to the conclusion of the contract.<\/p>\n

The same two companies took part in every announced tender.<\/p>\n

In each tender, one of the companies was in turn found to meet the requirements of the tender documentation, while the second company did not supplement its application with the missing documents, which led to the tenders failing for lack of competition (2 or more admitted participants).<\/p>\n

As a result, the contract was concluded only on 30 July.<\/p>\n

This position of the suppliers indicates bad faith that creates barriers for the Customer to announce the tender results in a timely manner and conclude a public procurement contract with the winner, causing damage to the customer.<\/p>\n

Therefore, in order to eliminate bad faith and increase the responsibility and awareness of potential suppliers participating in public procurement, effective measures are needed to prevent endless, fruitless tenders.<\/p>\n

 <\/p>\n

Recommendation 8<\/h2>\n

\u00a0<\/strong><\/p>\n

Send the following proposals for improving legislation to the Ministry of Finance of the Republic of Kazakhstan:<\/p>\n

1. It is proposed to retain the bid security when an incomplete set of documents is submitted, including after the opportunity to supplement applications.<\/p>\n

2. It is proposed to supplement paragraph 3 of Article 29 of the Law “On Public Procurement” with subparagraph 3) as follows:<\/p>\n

3) if one potential supplier is admitted to participate in the tender. In this case, an invitation to participate in public procurement from a single source is sent to the potential supplier that submitted an application to participate in the tender. The price of the concluded public procurement contract must not exceed the potential supplier’s tender price offer specified in the application to participate in the tender.<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

Corruption Risk 9<\/h2>\n

\u00a0<\/strong><\/p>\n

According to its public procurement plan, the partnership has about 650 plan items, of which more than 500 are planned to be procured by request for price quotations. Given the large number of plan items, a technical error may occur when announcing a procurement by request for price quotations due to unintentional erroneous actions by the Customer. However, the public procurement portal does not allow an announcement to be withdrawn or edited, except in cases of budget adjustment or inexpediency and exclusion from the budget.<\/p>\n

An error can be corrected by the customer cancelling the procurement and re-announcing it. However, this action also entails a fine comparable to a specialist’s monthly salary and could potentially push them to look for illegal ways to avoid or pay the fine.<\/p>\n

 <\/p>\n

Recommendation 9<\/h2>\n

Send the following proposals for improving legislation to the Ministry of Finance of the Republic of Kazakhstan: if an error is identified independently before the application deadline, allow the published procurement to be withdrawn or edited.<\/p>\n","protected":false},"excerpt":{"rendered":"

Analytical Report on the results of the internal analysis of corruption risks in the Limited Liability Partnership \u00abAstana Venue Management\u00bb (hereinafter \u2013 the Partnership) \u00a0 \u00a0 By letter No. 01-12\/157 of 22.02.2023 from D.M. Malakhov, First Deputy Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service), the Partnership was informed of the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/posts\/205"}],"collection":[{"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/comments?post=205"}],"version-history":[{"count":4,"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/posts\/205\/revisions"}],"predecessor-version":[{"id":1444,"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/posts\/205\/revisions\/1444"}],"wp:attachment":[{"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/media?parent=205"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/categories?post=205"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/a-vm.kz\/en\/wp-json\/wp\/v2\/tags?post=205"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}