Corruption risks
1 Establishing a right instead of an obligation.
In matters of bringing employees to disciplinary responsibility, the employer is granted a right instead of an obligation.
These discretionary powers create conditions that determine the possibility of choosing an option for behavior and / or a management decision by an official, which may lead to the commission of corruption offenses. Send a letter to the Authorized Body (Ministry of Labor and Social Protection of the Republic of Kazakhstan) with a proposal to consider the issue of eliminating the discretionary rule in the Labor Code of the Republic of Kazakhstan.
2 Legal gap. Model staffing levels for the KPKP have not been approved. There are no documents in the regulatory framework regulating the workload of KPKP teachers (how many children a teacher should serve per position, how many classes are conducted per position). This gap affects the procedural procedure for establishing the volume of psychological and pedagogical assistance to children upon enrollment in the KPKP. Send a letter to the Authorized Body with a proposal to consider the issue of supplementing the order of the acting. Minister of Education dated July 21, 2022 No. 224 "On approval of the Model staffing levels of employees of state educational organizations" with model staffing levels for the KPKP.
3 The organization of correctional and developmental support in the KPKP is regulated by the plan of correctional classes in accordance with Appendix 4 to the order of the Minister of Education of the Republic of Kazakhstan dated August 31, 2022 No. 385. The recommended plan of correctional classes of the KPKP does not include the category of school-age intellectual disabilities (mild, moderate and severe), although such children are served in the KPKP. Send a letter to the Authorized Body with a proposal to consider the issue of supplementing Appendix 4 to the order of the Minister of Education of the Republic of Kazakhstan dated August 31, 2022 No. 385 Plan of correctional classes of the KPKP. Supplement the category of school-age intellectual disabilities (mild, moderate and severe).
4 The Law of the Republic of Kazakhstan "On Public Procurement" does not prohibit limiting participation in public procurement as a Supplier of employees of the Customer organization, as well as their spouses who have the status of entrepreneurs in the form of individual entrepreneurs, LLCs, etc. This legal gap entails the possible provision of "indulgences" when determining a potential supplier, as well as when executing a contract in personal interests. Send a letter to the Authorized Body to consider the possibility of supplementing paragraph 1 of Article 6 of the Law "On Public Procurement" with subparagraph 12) of the following content: "12) a potential supplier and (or) a subcontractor (co-executor) attracted by it, at the time of filing an application for participation in public procurement, is an employee or spouse of an employee of the organization conducting public procurement, the "Customer" organization." 5 Conflict of provisions of legal acts. In accordance with the Standard Qualification Characteristics in the requirements for the heads (directors) of special educational organizations: offices of psychological and pedagogical correction (KPPK), psychological, medical and pedagogical consultations (PMPK), as well as for the heads of educational organizations for orphans and children left without parental care: the center for supporting children in need of special social services (CPS) and the youth home (YU) it is indicated "the presence of the first or highest qualification category of a teacher, the qualification category of a teacher - expert or teacher - researcher or teacher - master". However, these requirements for qualifications when appointing heads of offices of psychological and pedagogical correction, psychological, medical and pedagogical consultations, as well as directors of centers for supporting children in need of special social services, and youth homes, difficulties arise due to the fact that there are no such achievements of students, the lack of a competitive environment among teachers, the insufficiency of professional competitions for obtaining a higher category. Send a letter to the Authorized Body with a proposal to exclude the requirement for “the first or highest qualification category of a teacher, the qualification category of a teacher-expert or teacher-researcher or teacher-master” in paragraph 136 of the Standard Qualification Characteristics (Order of the Minister of Education and Science of the Republic of Kazakhstan dated July 13, 2009, No. 338) or replace it with the words: “the qualification category of a teacher, teacher-moderator”.
6 In accordance with paragraph 1 of Article 24 of the Law of the Republic of Kazakhstan “On Family-Type Children's Villages and Youth Homes” dated December 13, 2000, No. 113-II, social adaptation may be completed by pupils of children's villages and graduates of orphanages, boarding schools for orphans and children left without parental care, aged sixteen to twenty-three years, with the exception of persons with psychoneurological diseases. However, the Law and Model Rules do not contain a list of psychoneurological diseases that cannot be grounds for refusing to accept graduates of orphanages and children left without parental care.
In matters of bringing employees to disciplinary responsibility, the employer is granted a right instead of an obligation.
These discretionary powers create conditions that determine the possibility of choosing an option for behavior and / or a management decision by an official, which may lead to the commission of corruption offenses. Send a letter to the Authorized Body (Ministry of Labor and Social Protection of the Republic of Kazakhstan) with a proposal to consider the issue of eliminating the discretionary rule in the Labor Code of the Republic of Kazakhstan.
2 Legal gap. Model staffing levels for the KPKP have not been approved. There are no documents in the regulatory framework regulating the workload of KPKP teachers (how many children a teacher should serve per position, how many classes are conducted per position). This gap affects the procedural procedure for establishing the volume of psychological and pedagogical assistance to children upon enrollment in the KPKP. Send a letter to the Authorized Body with a proposal to consider the issue of supplementing the order of the acting. Minister of Education dated July 21, 2022 No. 224 "On approval of the Model staffing levels of employees of state educational organizations" with model staffing levels for the KPKP.
3 The organization of correctional and developmental support in the KPKP is regulated by the plan of correctional classes in accordance with Appendix 4 to the order of the Minister of Education of the Republic of Kazakhstan dated August 31, 2022 No. 385. The recommended plan of correctional classes of the KPKP does not include the category of school-age intellectual disabilities (mild, moderate and severe), although such children are served in the KPKP. Send a letter to the Authorized Body with a proposal to consider the issue of supplementing Appendix 4 to the order of the Minister of Education of the Republic of Kazakhstan dated August 31, 2022 No. 385 Plan of correctional classes of the KPKP. Supplement the category of school-age intellectual disabilities (mild, moderate and severe).
4 The Law of the Republic of Kazakhstan "On Public Procurement" does not prohibit limiting participation in public procurement as a Supplier of employees of the Customer organization, as well as their spouses who have the status of entrepreneurs in the form of individual entrepreneurs, LLCs, etc. This legal gap entails the possible provision of "indulgences" when determining a potential supplier, as well as when executing a contract in personal interests. Send a letter to the Authorized Body to consider the possibility of supplementing paragraph 1 of Article 6 of the Law "On Public Procurement" with subparagraph 12) of the following content: "12) a potential supplier and (or) a subcontractor (co-executor) attracted by it, at the time of filing an application for participation in public procurement, is an employee or spouse of an employee of the organization conducting public procurement, the "Customer" organization." 5 Conflict of provisions of legal acts. In accordance with the Standard Qualification Characteristics in the requirements for the heads (directors) of special educational organizations: offices of psychological and pedagogical correction (KPPK), psychological, medical and pedagogical consultations (PMPK), as well as for the heads of educational organizations for orphans and children left without parental care: the center for supporting children in need of special social services (CPS) and the youth home (YU) it is indicated "the presence of the first or highest qualification category of a teacher, the qualification category of a teacher - expert or teacher - researcher or teacher - master". However, these requirements for qualifications when appointing heads of offices of psychological and pedagogical correction, psychological, medical and pedagogical consultations, as well as directors of centers for supporting children in need of special social services, and youth homes, difficulties arise due to the fact that there are no such achievements of students, the lack of a competitive environment among teachers, the insufficiency of professional competitions for obtaining a higher category. Send a letter to the Authorized Body with a proposal to exclude the requirement for “the first or highest qualification category of a teacher, the qualification category of a teacher-expert or teacher-researcher or teacher-master” in paragraph 136 of the Standard Qualification Characteristics (Order of the Minister of Education and Science of the Republic of Kazakhstan dated July 13, 2009, No. 338) or replace it with the words: “the qualification category of a teacher, teacher-moderator”.
6 In accordance with paragraph 1 of Article 24 of the Law of the Republic of Kazakhstan “On Family-Type Children's Villages and Youth Homes” dated December 13, 2000, No. 113-II, social adaptation may be completed by pupils of children's villages and graduates of orphanages, boarding schools for orphans and children left without parental care, aged sixteen to twenty-three years, with the exception of persons with psychoneurological diseases. However, the Law and Model Rules do not contain a list of psychoneurological diseases that cannot be grounds for refusing to accept graduates of orphanages and children left without parental care.