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Corruption risks in judicial acts

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The results of the analysis on the identification of corruption risks in the areas of execution of judicial acts and energy were summed up on 18th of August

A selectoral meeting was held at the Agency for Civil Service and Anti-Corruption with the participation of Rustam Zhursunov, Deputy Chairman of the Management Board of NCE RK "Atameken" and Alik Shpekbayev, Deputy Chairman of the Agency. During the meeting, the results of the analysis were carried out to minimize and eliminate the causes and conditions that contribute to the commission of corruption offenses in the areas of execution of judicial acts and energy.

"The state body issues an administrative fine, it is idle for a month, they hand over the cases to private judicial executors. They increase the price to 25% to pay for the activities of PJE, they arrest accounts and apply other measures of influence. They get some sort of well-worked out scheme. It is necessary to consider the expediency of collecting administrative fines by private bailiffs. The second issue of corruption offense in the energy sector is indeed a priority. It entered the program "10 Steps to Meet the Business "at the Congress of NCE RK "Atameken", - Rustam Zhursunov said.

It should be noted that the fight against corruption in Kazakhstan remains topical as one of the main priorities of the state policy.

"We must ensure the full implementation of the decisions and recommendations made, strengthen control over the analysis of corruption risks. On the first issue, the work was carried out by the territorial departments and the Regional Chambers of Entrepreneurs of NCE RK "Atameken" in the city of Astana and Kostanay region. Executive production is a key part of the justice system. Without execution of judicial decisions, one can’t speak about justice, justice, protection of rights and legitimate interests of citizens", - Alik Shpekbayev said.

In 2015-2016, the National Audit Office carried out public monitoring in the field of enforcement proceedings. Deputy Chairman of the Board of Atameken noted positive dynamics. If, say, in 2015, 62 executive documents were lost for a total amount of 24 million KZT, then in 2016 - 32 documents, in 2017 such facts were not revealed at all.

"The business community of each region and state structure since the beginning of this year witnessed and collaborated with Atameken on painstaking work on all 16 areas identified in the Roadmap. It is important that now we know the weak points in all these areas. The business community and the whole civil society as a whole have an understanding that administrative barriers and legislative acts create conditions for corruption that can be solved and eliminated today. We will go further, so that this understanding is translated into confidence", - the Deputy Chairman of the Agency underlined. The Chamber of Entrepreneurs of Kostanay region reported that in the year of 2016 7378 applications were received by the Ministry of Justice, of which 3798 or 51.4% are related to the Department for the Execution of Judicial Acts, 2,133 appeals or 28.9% to the Department of Registration Service and Legal Services, 416 or 5.6% to the Department of Intellectual Property Rights.

"The results of the analysis showed that PJE arrest property of debtors, the amount of which is much higher than the amount of recovery. For example, in Aktyubinsk region, a private bailiff seized the property for the amount of 28 million KZT, while the amount of recovery was only 200 thousand KZT. Therefore, such powers of bailiffs certainly lead to the fact that business activities are blocked and corruption risks increase", - Salauat Muximov, the director of the Department of Anti-Corruption Policy of the Agency said.

Salauat Muksimov also noted that the great problem creates the right of judicial executors to impose restrictions on leaving the country for citizens. During the removal of such restrictions, a number of corruption risks arise. Deputy Chairman of the Board of the NCE added that the issue of corruption risks in the energy sector is very thin. After all, on the one hand, monopolists are also subjects of entrepreneurship, on the other hand, the consumer is small and medium business.

There is a conflict of interest. It is necessary that all monopolists publish reports on their activities in general open access. In addition, the current problem is the obtaining of technical conditions for connection to power supply networks, which is translated in the lack of transparent, understandable information on the availability of free capacities and connection points, it is a pretext for refusing the issuance of technical conditions, or the inclusion in the technical conditions of the requirements for modernization of equipment, in connection with the need to increase the capacity or reserve equipment in cases of emergency situations.

This problem is proposed to be solved by including changes and additions to the draft law on "Natural Monopolies" (in a new version) regarding the procedure for posting information on the reserve of free technical capacity and the scheme for placing networks or other assets necessary to provide regulated services.

Also, within the framework of the meeting, it was suggested to solve the problems by creating single centers for the provision of energy services that will operate on the "one-stop" principle, and also create regional "capacity maps" aimed at increasing the openness and transparency of monopoly activities and eliminating unreasonable refusals.

The need to create such organizations is also discussed by a number of difficulties faced by consumers in all regions of the country: the requirement of unnecessary and unreasonable documents, when drawing up technical conditions for connection to energy carriers, the absence of legislative regulation of grounds for refusal, the absence of specific terms for the provision of services, and so on.

They also raised the issue of charging high penalties in the absence of devices and seals. At the end of the meeting, it was decided to replace the Roadmap for the analysis of corruption risks with a detailed plan for the qualitative implementation of the introduced changes.


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