Each State Party shall endeavor to periodically evaluate the relevant legal instruments and administrative measures in order to determine their adequacy in terms of preventing and combating corruption.
States Parties, as appropriate and in accordance with the fundamental principles of their legal systems, shall interact with each other and with relevant international and regional organizations in the development and promotion of the implementation of the measures referred to in this article. This interaction may include participation in international programs and projects aimed at preventing corruption.
Each State Party shall take measures, in accordance with the fundamental principles of its domestic law, in order to resolve the issue of the consequences of corruption. In this context, States Parties may consider corruption as a factor of relevance in the proceedings to terminate or terminate contracts, or revoke concessions or other similar instruments, or take other measures to rectify the situation.
The Republican NGO “Society of Young Professionals”, in the framework of the project “Enhancing the potential of Kazakhstan’s youth participating in the decision-making process regarding the quality of higher education”, funded by the European Union, conducted a sociological survey among Kazakh students about corruption in higher education institutions. Regarding corruption in universities, 55% of respondents confirmed that this phenomenon is taking place. In this case, according to students, the most common bribery for the exam or credit. There is also such a form of extortion, as a requirement to buy books or educational materials, to provide a service. Dormitories are also sometimes not allocated for free.
To the question: “What measures does the administration take if students report corruption?”. The majority of respondents said that they did not know the cases when someone complained about it (46.7%). Many found it difficult to answer (23%), 9% noted that the administration ignored such appeals, another 9% said that the proceedings took place, but then the case was closed. And only 12% said that management dismissed teachers extorting bribes.
The most typical types of crimes related to corruption in the field of education are the following:
1) receiving a bribe for admission to a higher educational institution. This is the most common form of abuse. According to some estimates, 80% of crimes are covered for taking a bribe for entering a higher educational institution;
2) tutoring by university teachers and members of examination commissions;
3) receiving a bribe for passing exams and tests in institutions of secondary and higher professional education;
4) receiving a bribe for concluding a lease of premises in an educational institution and abuse of power by illegally leasing state property;
5) sale of diplomas and certificates to persons who have not undergone training in an educational institution;
6) receiving a bribe for placing children in kindergartens and secondary schools.
"Black" turnovers in higher education in our country are about $ 1 billion per year. According to UNESCO, for example, in Russia this amount is $ 520 million per year, which is also a lot. It must be admitted that not all pay when receiving a bribe, about 5-7% of families. The vast majority of students go to universities without entering into corruption.
Goals and objectives of the fight against corruption:
· Ensuring the protection of the rights, freedoms and legitimate interests of citizens and society from corruption;
· Improving the regulatory framework for the prevention, detection and suppression of corruption offenses;
· Optimization of forms, methods and means of combating corruption
· Interaction with civil society structures;
· Expansion and intensification of international cooperation of Kazakhstan in the fight against corruption.
Basic principles of the fight against corruption:
The fight against corruption is carried out on the basis of: equality of all before the law and the court; ensuring clear legal regulation of the activities of state bodies, the legality and publicity of such activities, state and public control over it:
· Improving the structure of the state apparatus, personnel work and the procedure for resolving issues affecting the rights and legitimate interests of individuals and legal entities;
· The priority of protecting the rights and legitimate interests of individuals and legal entities, as well as socio-economic, political and legal, organizational and managerial systems of the state;
· Recognition of the permissibility of restrictions on the rights and freedoms of officials and other persons authorized to perform public functions, as well as persons equated to them, in accordance with paragraph 1 of Article 39 of the Constitution of the Republic of Kazakhstan;
· Identification, suppression, prevention of corruption offenses and prosecution of persons guilty of their commission shall be carried out within the scope of their competence by the prosecutor's office, national security, internal affairs, tax, customs and border services, financial and military police.
Anti-corruption measures in educational institutions:
In accordance with the Code of Honor of Civil Servants of the Republic of Kazakhstan (Rules of the Service Ethics of Civil Servants), approved by Decree of the President of the Republic of Kazakhstan dated May 3, 2005 No. 1567, civil servants must resist corruption, prevent corruption-related offenses or acts that involve corruption or create conditions for corruption.
Civil servants should prevent corruption by other civil servants.
If a public servant has reliable information about a corruption offense, he must take the necessary measures to prevent and terminate such an offense.
Necessary measures include informing authorized state bodies and informing a higher leader, the leadership of a state body.
After receiving information about a corruption offense, the leadership of the state body takes appropriate measures on them, including the protection of the public servant, if there is no violation of the law in his actions, from unlawful prosecution that negatively affects the further official activities of the public servant, his rights and legitimate interests.
As an anti-corruption measure in educational institutions on May 6, 2011 No. 177, by Order of the Minister of Education and Science of the Republic of Kazakhstan, the Action Plan of the Ministry of Education and Science of the Republic of Kazakhstan on the implementation of the sectorial Anti-Corruption Program in the Republic of Kazakhstan for 2011-2015 was approved.
In accordance with the above Plan, the following activities were identified:
1) Continue to reduce the licensed types of educational activities and permissive functions of state bodies;
2) To unify and develop the existing automated databases of the Ministry of Education and Science of the Republic of Kazakhstan in order to strengthen cooperation in the fight against corruption;
3) Continue the procedures to simplify the procedure for obtaining licenses or permits for the organization of a particular type of entrepreneurial activity;
4) Continue the practice of speaking in the media, as well as holding round tables, conferences, lectures, seminars, briefings on anti-corruption topics, while using new methods and forms of training;
5) Continue conducting classes in secondary, technical, vocational and higher education organizations, raising the qualifications of teachers in the educational system in the field of anti-corruption, with the invitation of responsible officials;
6) To develop and implement special training programs for students, schoolchildren, children of preschool institutions on corruption risks, methods of combating corruption and anti-corruption behavior;
7) Provide support to civil society actors who are purposefully and consistently engaged in the formation of an anti-corruption worldview among citizens;
8) To expand the positive practice of the “helpline”, a mailbox for letters and appeals of individuals and legal entities;
9) Introduce into practice regular meetings of the heads of the Ministry of Education and Science of the Republic of Kazakhstan and its subordinate organizations with representatives of public and non-governmental organizations;
10) To create separate sections “Anti-corruption issues” to ensure widespread public access to anti-corruption legal information on the Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan;
11) Ensure information transparency of the application and implementation of decisions on the spending of budget funds;
12) To make proposals on a mechanism for holding accountable the heads of state bodies for not fulfilling obligations to combat corruption;
13) To make proposals on the introduction of the institution of public censure, as an integral part of the punishment for corruption offenses;
14) Track publications in the media about the state of corruption in educational institutions;
15) Together with the youth wing of the People's Democratic Parties “Nur Otan” “Zhas Otan” and the Republican Alliance of Students of Kazakhstan, to conduct in the educational organizations implementing educational curricula of technical, vocational, higher and postgraduate education a pure campaign “Session!” to eradicate the receipt of illegal remuneration in educational institutions of the republic;
16) To ensure the organization and conduct of training seminars in order to create an atmosphere of intolerance towards the manifestations of corruption in public and private educational organizations, with the participation of representatives of law enforcement agencies and non-governmental organizations;
17) Ensure timely publication and posting on the website of the Ministry of Education and Science of the Republic of Kazakhstan of the results of state certification of educational and scientific organizations;
18) To intensify the propaganda of anti-corruption education of young people studying in public and private educational organizations.
In pursuance of these measures, in my opinion, educational plans should be developed annually in each educational institution, which must include items on the legal education of students. In addition, meetings of students and teachers with law enforcement officials should be organized.
In order to prevent and prevent corruption offenses, the following activities should be carried out:
- the creation of a disciplinary commission;
- Creation of a commission for the prevention of corruption offenses;
- Compliance with the Code of Honor of the teacher, approved by the Academic Council of the educational institution;
- election of an ombudsman from among students to protect the rights and legitimate interests of students on an alternative basis;
- conducting on an annual basis a sociological survey "Teacher through the eyes of students";
- consideration at all faculties and on curatorial hours, round tables on the topics “Law and Corruption”, “Anti-corruption Measures” with watching videos. To this end, certain anti-corruption activities should be carried out in educational institutions on a regular basis both among students and among the teaching staff. The teaching staff must carry out a set of measures for the upbringing, education, development and social protection of the individual in the educational institution and at the place of residence. Education of respect for the laws of the Republic of Kazakhstan, the norms of collective life, the development of civil and social responsibility. During the academic year, legal lectures should be held in educational institutions with the participation of law enforcement officers and teachers of legal disciplines.
- Organization of poster contests "We are against corruption";
- holding during the test-examination sessions of the action “Session without bribes”;
- Conducting classes at secondary and higher educational institutions with the invitation of public servants, advanced training of teachers of the educational system in anti-corruption areas. To this end, public servants of the Department of Education should regularly undergo retraining and advanced training at the regional center for advanced training and retraining of civil servants and at the Academy of Public Administration under the President of the Republic of Kazakhstan in accordance with the approved schedule, which provides for compulsory training of each public servant every three years.
- expansion of the positive practice of the “helpline”, a mailbox for letters and addresses of individuals and legal entities.
The facts of corruption offenses, as well as the reasons that led to this offense, should be brought to the attention of all subjects of the educational process in order to familiarize and prevent the activities of educators.
In conclusion, I would like to note that through the joint efforts of the faculty and students of educational institutions, we can and should take all measures to prevent corruption offenses and also to implement the anti-corruption program in educational institutions.