Order of the Minister of Education and Science of the Republic of Kazakhstan dated May 4, 2020 No. 174
On approval of the anti-corruption standard for ensuring openness and transparency in organizations of higher and (or) postgraduate education
In accordance with the instruction of the Security Council of the Republic of Kazakhstan dated November 15, 2019, I ORDER:
1. To approve the attached Anti-Corruption Standard for ensuring Openness and Transparency in organizations of higher and (or) postgraduate education in accordance with the annex to this order.
2. The Department of Higher and Postgraduate Education of the Ministry of Education and Science of the Republic of Kazakhstan (Toibayev A.Zh.) should bring this order to the attention of interested state bodies and organizations of higher and (or) postgraduate education, regardless of their forms of ownership and departmental subordination.
3. Control over the execution of this order is entrusted to the Vice Minister of Education and Science of the Republic of Kazakhstan M.M. Daulenov.
4. This order comes into force from the date of its signing.
Approved
by the Order of the Minister of Education
and Science of the Republic of Kazakhstan
dated 05/14/2020
№ 174
Anti-corruption standard for ensuring openness and transparency in organizations of higher and (or) postgraduate education
Chapter 1. General provisions
1. This Anti-Corruption Standard for Ensuring Openness and Transparency in Organizations of Higher and (or) Postgraduate Education (hereinafter referred to as the Standard)It is designed to eliminate corruption in the system of higher and postgraduate education.
2. This Standard is recommended for use by organizations of higher and (or) postgraduate education (hereinafter referred to as OHPE), regardless of their departmental subordination, to prevent corruption.
3. The basic principles of openness and transparency are:
1) conscientiousness is the honest, decent performance by students of evaluated and unappreciated types of educational work.;
2) the protection of the rights of the author and his legal successors is the recognition of authorship and protection of works that are the object of copyright, through the correct transmission of other people's speech, thoughts and sources of information in the evaluated works.;
3) openness – transparency, mutual trust, open exchange of information and ideas between students and teachers;
4) respect for the rights and freedoms of students – the right of free expression of opinions and ideas;
5) equality – every student ensures compliance with the rules of academic integrity and equal responsibility for their violation.
4. The following definitions are used in this Standard:
1) plagiarism is the intentional or careless, complete or partial illegal use, appropriation or disposal of the protected results of someone else's work, the results of academic, scientific, research, journalistic and analytical activities, which is accompanied by communicating false information about oneself as the actual author to others.;
2) cheating is the unfair behavior of a student or employee implying copying someone else's intellectual product.;
3) duplication – presentation of the same work within the framework of different assessments and requirements, including an attempt to present it as one's own, partially or completely, any work that was previously evaluated in another course without the prior permission of the faculty, even if the student is its author.;
4) falsification – forgery of academic records or other documents; data (observations during a scientific experiment, forgery of records, survey results); signatures in academic work; intentional forgery or spoiling of academic work;
5) concealment – concealment and concealment of information about the unfair presentation of fictitious information in an academic product; substitution of data and results of research and experiments; presentation of false information obtained during research;
6) collusion is a mutual agreement between the subjects of the educational process to perform any academic work that is subject to verification and evaluation for another student.
Chapter 2. Principles of the Standard
1. The principle of information openness (reliability of information, timeliness of publication)
1-1. The principle of information openness means the mode of operation of the OHPE and the availability of information at their disposal.
The main mechanisms of openness include:
1) disclosure of information on the official website;
2) using the open data mode (publishing data in a machine-readable form suitable for further automatic processing);
3) processing appeals from citizens and public organizations, as well as responding to these appeals;
4) the work of public councils;
5) interaction with the media;
6) independent anti-corruption expertise and public monitoring of law enforcement;
7) adoption of an activity plan and annual public declaration of goals and objectives, their public discussion and expert support;
8) public performance report;
9) ensuring the clarity of plans, decisions, programs, policies and regulations (explaining their necessity and planned results).
10) informing all members (teachers, employees, students): publication of news, socially significant information, photo and video reports;
11) involvement of all members (teachers, employees, students): organizing discussions, collecting proposals, opinions and comments on documents and initiatives of the department, published reports, anti-corruption measures, etc.;
12) ensuring the protection of personnel who have reported violations of integrity;
1-2. In order to ensure the safety of official, commercial and other legally protected information, undertakes the obligation not to disclose confidential information, as well as to use methods and means of information protection permitted by law.
1-3. The OHPE ensures the openness of information about the educational institution, teachers and employees in accordance with the requirements of current legislation, regulations of the Republic of Kazakhstan, internal documents of the OHPE.
1-4. The information openness of the OHPE is focused on the following tasks:
1) ensuring the exercise of the rights of stakeholders in providing corporate information required for decision-making regarding the OHPE;
2) improving the quality of corporate governance;
3) creating conditions for the growth of communication activity;
4) compliance with the requirements of the legislation of the Republic of Kazakhstan on mandatory disclosure of information;
5) guaranteed security of data (information) about the PSA, the disclosure and/or use of which is capable of harming the interests of the state, PSA, or giving unreasonable advantages to some interested parties over others (under equal conditions).
1-5. In exercising the rights of stakeholders to information, and providing prompt and accessible information, the OHPE applies appropriate notification methods.:
1) disclosure of information through news agencies and mass media;
2) providing information through publications on the official OHPE Internet resource;
3) informing during press conferences, public appearances and personal meetings with interested parties;
4) by other methods provided for by the legislation of the Republic of Kazakhstan.
2. The principle of accessibility and clarity (plans, decisions, programs, policies)
2-1. Presentation of the goals, objectives, plans and results of the OHPE activities in a simple and easy-to-understand form.
To implement this mechanism (tool), it is recommended to develop explanations in various formats regarding these types of documents and decisions in order to provide stakeholders with information about the need for a particular document/decision/action, proposed changes, their impact on the activities of the PSA, as well as the social and economic effects achieved.
2-2. The key directions in the development of explanations are defined:
1) preparation and discussion of plans, decisions, programs, policies;
2) wide coverage of the adopted plans, decisions, programs, policies and information on their implementation;
3) provision of services, including in electronic form.
2-3. Efforts to promote accessibility and clarity in the preparation of plans, decisions, programs, and policies include:
1) identification of the target audience whose interests are affected in a particular plan, decision, program, policy;
2) dividing the target audience into a finite number of reference groups;
3) the location at the beginning of the material addressed to the widest possible reference groups, at the end to narrower groups;
4) thinking through possible questions from the reference groups and preparing preliminary answers for them.
An important feature of the presented text explanation is its clear and understandable structuring.
2-4.In order to maximize the identification and clarification of practically important provisions (initiatives, documents), it is recommended to use infographics, presentation materials, video and audio recordings, animation materials, smart maps, etc. when preparing explanations. Regardless of the form of the explanations, it is necessary to clearly define the target audience of their users.
2-5. In order to achieve the effect of the implementation of the mechanism of "accessibility and clarity", it is recommended to use various communication channels.:
1) mass unaddressed communications: television, radio, the press, outdoor advertising, social networks;
2) targeted communications involving the impact on individual reference groups.
It is important to organize public discussions of projects, plans, decisions, programs, and policies.
3. The principle of civil society engagement
3-1 In world practice, one of the leading resources of state development is human and social capital, which is based on people, as well as their potential and development.
3-2 The vision of the civil society sphere is that civil society:
1) encourages the development of the state in ensuring the interests of citizens (employees and students);
2) provides a feedback mechanism to improve the effectiveness of management and public control;
3) creates favorable conditions for the participation of citizens (employees and students) in decision-making in an environment of accountability and transparency.
3-3. It is necessary to create favorable conditions for the development of civic engagement (student activism) in society through various forms, including through volunteerism and charity.
It is necessary to organize large-scale and systematic work to stimulate the development of many civic initiatives (student initiatives) that will affect all spheres of public life and will become the foundation for the development of student self-government.
To do this, you need:
1) formation of legal consciousness through the work of civil society institutions;
2) the actual functioning of the student self-government system and ensuring the full participation of students in managerial decision-making at the level of the University;
3) improving the practice of teaching the basics of law in law schools;
4) increasing the role of student and youth organizations in ensuring human rights and freedoms in Kazakh society;
5) further liberalization of administrative work in the OHPE;
6) involvement of non-governmental organizations in the development of projects aimed at the establishment of the institute of public defender;
7) systematic implementation of socially oriented projects to ensure the rights of socially vulnerable segments of the population, active involvement of non-governmental organizations in the development of socially significant projects;
8) the implementation of joint information and educational campaigns to achieve a high level of awareness and education of youth;
9) active implementation of conflict resolution mechanisms, pre-trial dispute resolution practices through negotiations and mediation centers;
10) development and strengthening of gender equality, assistance in overcoming negative stereotypes in the public consciousness in relation to the rights of women and men.
4. The principle of accountability (development of public control mechanisms)
4-1. Civil society organizations focus their efforts on solving social problems, relieving social tension, and connecting with target groups.
4-2. The OHPE community should be faced with the task of strengthening the role of civil society institutions (student and youth organizations) and their influence on decision-making and management of current issues in the life of OHPE.
This requires the development and implementation of the following measures::
1) ensuring the participation of the student community in the Collegial Governing Bodies (Academic Council, etc.) to increase transparency in the decision-making process for the management of educational institutions;
2) strengthening the mechanisms of civic control through various institutions of the student community, including through the Institute of Student Government;
3) annual hearing of the report of the first head on the activities of the OHPE in front of the team/the public;
4) conducting anti-corruption expertise of projects and regulatory legal acts with the involvement of faculty and the student community.
Chapter 2. The system of openness and transparency in organizations of higher and (or) postgraduate education
5. Responsibility/Corporate governance (collegial decision-making, public and student participation in decision-making)
5-1. In this Standard, corporate governance is considered as a means of improving the effectiveness of the OHPE, in order to ensure transparency and accountability, strengthen its reputation and create a transparent management system for all processes.
Corporate governance in the OHPE must necessarily be based on fairness, honesty, responsibility, transparency, professionalism and competence. The corporate governance structure is based on respect for the rights and interests of all persons interested in the activities of the OVPO and should contribute to the successful operation of the OHPE, including increasing its value, supporting financial stability and instilling in students and employees a clear civic position on the development of zero tolerance for dishonesty and corruption.
5-2. It is advisable to develop Corporate Governance Codes in the PSA, taking into account the following principles:
Principle 1. Clear separation of powers between structural divisions, ensuring the consistency and consistency of corporate governance processes, and delineating the powers of collegial bodies in decision-making.
Principle 2. Protection of the rights and interests of all participants in the educational process.
Principle 3. Effective management of OHPE.
Principle 4. Risk management, internal control and external control involving third parties, audit.
Principle 5. Regulation and resolution of possible corporate conflicts and conflicts of interest;
Principle 6. Transparency and objectivity of disclosure of information about the activities of the OHPE to third parties.
5-3. OHPE should establish collegial bodies to address issues of allocation and proper use of budgetary funds, recruitment of teaching staff and administrative and managerial staff.
In order to ensure the openness and transparency of decisions taken by collegial bodies, it is necessary to ensure the mandatory presence/participation of representatives of non-governmental organizations and the public using video recording tools.
Members of collegial bodies should be responsible for:
1) conscientious performance of the duties assigned to them, reflecting the interests of the PSA to the greatest extent.;
2) the use of OHPE property for personal purposes;
3) confidentiality of information about the activities of the OHPE, including for three years from the date of termination of work in the OHPE;
4) not objective judgments on corporate matters;
5) actions exceeding the powers and using the powers only for the purposes for which they were granted;
6) actions that may cause a conflict of interest with OHPE employees, as well as other interested parties;
7) improper performance of their powers and functions;
8) actions that do not comply with the norms of the legislation of the Republic of Kazakhstan, the Charter and internal documents of the OHPE.
6. Demonstration of willingness to comply with the Standard
6-1. The activities of collegial bodies should be regulated by regulations, with a clear delineation of the list of issues considered by this body.
Members of collegial bodies are required to know their functional responsibilities, rights, and responsibilities for decisions made.
6-2. The documents developed in the OHPE regulating the transparency of business processes should indicate the willingness to comply with the standard.
In all regulatory and other documents of the organization, its own mass media, Internet resources, and daily activities, OVPO clearly and unambiguously emphasize their commitment to comply with the Standards.
7. Academic integrity (honesty)
7-1. Integrity is the constant commitment of participants in the educational process and educational institutions to act in accordance with values and principles that exclude corruption risks and manifestations, form and strengthen the professional environment that allows them to adhere to such behavior.
The fundamental criteria for the promotion of academic integrity (honesty) in the OHPE are:
1) academic integrity, which is a key value of the educational and research process;
2) compliance with clear, fair and objective standards of academic integrity, citation rules and conduct;
3) all types of students' written works are checked for plagiarism. The rules and procedure for conducting a plagiarism check are determined by the university.;
4) student's responsibility for violating the principles and standards of academic integrity;
5) making increased demands on students as part of their system of fair and objective assessment of learning outcomes;
6) giving only the best the opportunity to complete their studies;
7) responsibility for the quality of personnel training, confirmed by a diploma;
8) ensuring the high responsibility of the teacher as a mentor, instilling principles and standards of academic integrity, mutual respect and fairness;
9) recognition that the promotion and protection of academic integrity are the result of the mutual efforts of all students and staff at the OHPE;
10) conscientious fulfillment of the assigned obligations by each student and employee of the OHPE to comply with the principles of academic integrity.
The following misconduct is recognized by this Standard as academic dishonesty:
Plagiarism, cheating, duplication, falsification, concealment, collusion.
8. Anti-corruption compliance (anti-corruption culture, corporate ethics)
8-1. The promotion of integrity is based on the following principles:
1) continuous work on the development, implementation, support, analysis and improvement of the anti-corruption policy and management system;
2) the organization's identification of external and internal factors that are essential to its business objectives and that affect its ability to achieve the goals of its anti-corruption management system;
3) identification of stakeholders who are relevant to the anti-corruption management system and the relevant requirements for them;
4) defining the boundaries and applicability of the anti-corruption management system in order to establish its scope;
5) conducting an assessment of corruption risks on a systematic basis;
6) setting criteria for assessing the level of corruption risks;
7) demonstration by the top management (governing body) of leadership and commitment in relation to the anti-corruption management system;
8) the responsibility of the top management (the governing body) for the development, implementation, support, analysis and improvement of the anti-corruption policy and management system;
9) in order to improve the quality of education, an effective feedback system "Teacher through the eyes of students" should be continued, as well as the use of mechanisms for notification of misconduct in the academic environment through forums, dialogue platforms, blogs and a helpline.;
10) implementation of public reporting of the first head of the OHPE to the team/public in practice;
11) the inclusion of anti-corruption topics in the programs of public disciplines implemented in the OHPE, aimed at raising the level of legal awareness;
12) inclusion of topical anti-corruption issues in the list of course, diploma, master's and doctoral studies;
13) conducting various information and explanatory events on anti-corruption issues with the participation of the absolute majority of students and teachers (forums, seminars, trainings, actions, flash mobs, book exhibitions and contests on anti-corruption topics, etc.);
14) ensuring the openness of the expenditure of budgetary funds of the OHPE, as well as financial resources from non-governmental sources such as sponsorship, charitable assistance, income from commercial activities of various foundations, etc., by including representatives of the board of directors, the supervisory board, pop councils, faculty, students and public organizations (political parties, trade unions, non-governmental organizations, etc.).
9. Allocation of places in dormitories.
9-1. The housing stock of the OHPE is published on its official Internet resource.
OHPE provides automation of this service according to the following procedure:
1) the student submits an online application through the OHPE information system (hereinafter referred to as the system);
First-year students' data is entered into the system when applying to the admissions office and those in need are lined up electronically.;
2) the referral for the provision of places in the hostel comes to the personal account. The system determines which room to move into.;
3) the system lines up applicants according to the criteria for submitting seats.
9-2. The first to settle are disabled children, orphans, children who have been left without parental care, children with disabled parents, students who scored over 120 points on the Unified National Examination, holders of the signs "Altyn Belgi" and "Uzdik Attestat", children from large families with 4 or more minors or students, children from single-parent families.
After the system has allocated places in the dormitory, the specialists of the structure responsible for student services check the list for errors when filling in the data. The final version is approved by a special OHPE commission.
Upon completion of the check-in, all violations of the Internal Regulations of the OHPE, including residence in the dormitory, are entered into the electronic personal file of each student.
All student violations are recorded in the system. According to their results, the student can be evicted.
Even if a student submits an application for accommodation in the next academic year, the system will refuse him.
9-3. Information about the availability of free places in dormitories and the persons who live in them is also posted on the official OHPE Internet resource.
9-4. For an objective review of applications for accommodation in a dormitory, a special commission is created by the decision of the head of the OHPE. Structural divisions and student activists.
The Chairman of the commission is an official not lower than the deputy first head of the OHPE.
The Secretary is not a member of the commission. The Commission consists of an odd number of members.
9-5. To ensure transparency and objectivity of the settlement process, the lists of students who are settled in dormitories based on the electronic queue following the meeting of the commission should be posted on the corporate information portals of the OHPE.
The commission's decision is the basis for settling into a dormitory or refusing to provide a place in a dormitory.
10. Proper allocation of financial resources
10-1. Financial and budgetary procedures in the PSA should be aimed at improving the efficiency of PSA activities, transparency and accessibility. Development plans, financial statements and reports on the implementation of the development plan should be posted annually on the official OHPE Internet resource, as well as on the portal of the information and accounting center of the State Property and Privatization Committee of the Ministry of Finance of the Republic of Kazakhstan.
10-2. In order to manage corruption risks, the OHPE should implement financial control mechanisms.
The distribution of financial resources should be carried out in accordance with the requirements of the legislation and the accepted standards for staffing and wages, for the purchase of goods, tangible assets, works and services.
The OHPE Financial Service plans expenses in accordance with the regulations.
10-3. To eliminate corruption risks and plan expenses for the purchase of goods, tangible assets, works and services, a special budget commission is being created in the OHPE from among representatives of the structural divisions of the OHPE, regardless of their departmental subordination to student activists.
The Chairman of the commission is an official not lower than the deputy first head of the OHPE.
The Secretary is not a member of the commission. The Commission consists of an odd number of members.
10-4. At the meeting of the budget commission, applications for the purchase of goods, tangible assets, works and services from the structural divisions of the OHPE are considered, a decision is made on their expediency and the need to include them in the public procurement plan.
10-5. A protocol is drawn up based on the results of the meeting. Based on the minutes of the meeting of the budget commission, the necessary data is entered into the OHPE Development Plan, an annual plan for public procurement of OHPE is drawn up, and goods, works, and services are procured.
10-6. Purchases of goods, tangible assets, works and services must be carried out strictly in accordance with the legislation on public procurement of the Republic of Kazakhstan, with the exception of educational organizations that have exceptions in the legislation on public procurement of the Republic of Kazakhstan.
10-7. All financial transactions performed by the OHPE are subject to full and accurate accounting and recording in accordance with international financial reporting standards, accounting and tax policies adopted by the OHPE.
10-8. Strict separation of powers is necessary when conducting financial transactions in the PSA. The same official cannot initiate and approve payments.
To carry out significant financial transactions, the approval of a higher-level head (the first head, in some cases, the Authorized Body in the field of education) is required.
10-9. All payments must be confirmed by duly executed documents (contracts, acts of completed works, invoices, payment orders stamped by the bank, etc.).
It is mandatory to have accompanying documents attached to the supporting documentation.
Limit the number of cash transactions and exercise strict control over cash.
The classification of payments should be accurate and understandable, as well as its display on the accounts.
From time to time, the management of the OHPE needs to analyze significant transactions and current financial activities.
10-10. Monitoring of the financial activities of the OHPE should be carried out by independent audit organizations. At the same time, the choice of the organization providing this service should be carried out through the public procurement portal, with the exception of educational organizations that have exceptions in the legislation on public procurement of the Republic of Kazakhstan.
11. Transparency of grant allocation
11-1. Ensuring the transparency of grant allocation within the framework of current legislation in accordance with the principles of state policy in the field of education:
1) equality of rights to receive quality education;
2) priority of education system development;
3) accessibility of education at all levels for the population, taking into account intellectual development, psychophysiological and individual characteristics of each person;
4) the secular, humanistic and developmental nature of education, the priority of civic and national values, human life and health, and the free development of the individual;
5) Respect for human rights and freedoms;
6) stimulating the education of the individual and the development of giftedness;
7) the continuity of the educational process, ensuring the continuity of its levels;
8) unity of education, upbringing and development;
9) democratic nature of education management, transparency of the educational system;
10) the diversity of educational organizations in terms of ownership, forms of education and upbringing, and areas of education.
11-2. Transparency of grant allocation procedures is ensured:
1) transparency of information on the number and mechanisms of grant allocation;
2) the identification and availability of an official (division) responsible for the allocation of grants and the transparency of this process.;
3) expanding the responsibility of OHPE officials for violations of the right of access to information and ensuring the application of effective sanctions for violations in the allocation of grants;
4) departmental accounting of information requests, the progress and results of their consideration, as well as the introduction of appropriate centralized statistical accounting with regular publication of data online on the allocation of grants;
5) open online access to the main databases (registers) of the OHPE (taking into account the right to personal information, etc.), in particular to the register of grants released during the training process;
6) providing opportunities for all members (employees, students) of the OHPE and stakeholders to participate in the hearings on the allocation of grants;
7) ensuring the protection of personnel who reported corruption or reasonable assumptions in the allocation of grants from pressure and repressive measures on the part of responsible employees of the OHPE or senior management (management bodies).
12. Employment (competition, information about vacancies)
12-1. According to the legislation, in the field of education, the labor relations of the employee and the OHPE are regulated by the labor legislation of the Republic of Kazakhstan. The positions of scientific and pedagogical staff (faculty, researchers) in the OHPE are filled on a competitive basis. Internal procedures and rules for conducting competitions to fill vacant teaching positions are regulated by internal regulatory documents.
12-2. To convince them of the need to create conditions for the preservation and development of the human resources potential of the OHPE, in order to prevent corruption and nepotism in the presence of a vacant position, state-owned enterprises and educational organizations, regardless of their form of ownership, place an announcement about the competition on Internet resources, including recruiting portals, at least two weeks before the completion dates for accepting documents.
The competition includes the following stages::
1) publication of the announcement of the competition;
2) formation of the competition commission;
3) acceptance of documents from citizens wishing to participate in the competition;
4) examination by the competition commission of the documents of the participants of the competition for compliance with the established requirements;
5) interviewing candidates;
6) the final meeting of the competition committee.
12-3. In order to ensure transparency of competitive procedures in employment, the OHPE should develop the following internal regulatory documents:
1. Qualification characteristics of the positions of OHPE employees in accordance with the legislation of the Republic of Kazakhstan.
2. The rules of admission to the OHPE and the conditions for the out-of-competition selection of positions (personnel reserve, if necessary).
3. Rules and methods for determining professional competencies, key indicators and calculating competitiveness indicators.
12-4. In order to eliminate corruption offenses during the selection of personnel, OHPE should implement an internal anti-corruption policy to ensure:
1) conditions of employment of personnel in accordance with the anti-corruption policy in the Republic of Kazakhstan;
2) timely familiarization of the employee with the anti–corruption policy when hiring, and, if necessary, appropriate training by the employee.;
3) the existence of procedures allowing the PSA to take appropriate disciplinary measures against those employees who violate the anti-corruption policy;
4) the safety of employees, expressed in the prevention of unjustified punishment, discrimination or the use of disciplinary measures (threats, isolation, demotion, obstruction of promotion, transfer, dismissal, intimidation and harassment).