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Home » Against corruption

Against corruption

Anti-corruption

Acts of legislation

Normative base
Fighting corruption in Belarus
Bank laws
Other Information
Law of the Republic of Belarus of July 15, 2015 No. 305-3 "On Combating Corruption"
(Http://www.minprom.gov.by/aktu_zakonodatelstva)

Law of the Republic of Belarus of June 14, 2003 No. 204-З "On Civil Service in the Republic of Belarus"
(Http://www.minprom.gov.by/aktu_zakonodatelstva)

Law of the Republic of Belarus of January 4, 2014 No. 112-З "On the Basics of Prevention Activities Offenses "
(Http://www.minprom.gov.by/aktu_zakonodatelstva)

Law of the Republic of Belarus of January 4, 2003 No. 174-З "On the declaration of income by individuals And property "
(Http://www.minprom.gov.by/aktu_zakonodatelstva)

The Criminal Code of the Republic of Belarus of July 9, 1999 No. 275-З
(Http://www.minprom.gov.by/aktu_zakonodatelstva)

Code of the Republic of Belarus on Administrative Offenses of April 21, 2003 No. 194-З c

Note: "If there are signs of corruption offenses or offenses,  Creating conditions for corruption (articles 25 and 37 of the Law of the Republic of Belarus "On combating  Corruption "), administrative offenses related to corruption may be  The offenses provided for in articles 9.6, 9.13, 9.26, 10.5, 11.16, 11.77, 23.81, 23.82, 23.83, 23.84 of the Code of the Republic of Belarus on Administrative Offenses ".

The Labor Code of the Republic of Belarus of July 26, 1999 No. 296-З
(Http://www.minprom.gov.by/aktu_zakonodatelstva)

Note: "The Labor Code of the Republic of Belarus establishes: In Article 27 - restrictions on joint work in state organizations (their isolated Divisions) spouses, close relatives and relatives, in clause 5 of Article 47 - the right The employer to terminate the employment contract with a government official for non-signing Obligation to comply with anti-corruption restrictions, in paragraph 5-1 of Article 47 - the law Employer to terminate an employment contract with a government official for violation of bligations to comply with anti-corruption restrictions, as well as for committing an offense, Creating conditions for corruption, or corruption offense, in Article 255 - restrictions Part-time jobs for heads of state organizations and organizations, in statutory Funds of which 50 and more percent of shares (stakes) are in state ownership, and Also the ban for heads of organizations of any form of ownership to be part of the bodies, Carrying out the functions of supervision and control in the relevant organizations ".

Decree of the President of the Republic of Belarus of December 15, 2014 No. 5
 
"On Strengthening the Requirements for Leading Cadres and Employees of Organizations"
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)


Decree of the President of the Republic of Belarus of March 17, 2004 No. 136
"On the trust management of shares held by certain public officials Participation (shares, rights) in the statutory funds of commercial organizations "
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)

Decree of the Council of Ministers of the Republic of Belarus of December 26, 2011 № 1732
 
"On approval of the Model Regulations on the Commission Against Corruption"
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)

Resolution of the Council of Ministers of the Republic of Belarus of April 23, 2015 No. 326
"On introducing amendments and additions to the Model Regulations on the Anti-Corruption Commission"
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)


Resolution of the Council of Ministers of the Republic of Belarus of January 16, 2016 No. 19
"On some issues of declaring income and property by civil servants and other Categories of persons "
(Http://www.minprom.gov.by/aktu_zakonodatelstva)

Resolution of the Council of Ministers of the Republic of Belarus of January 22, 2016 No. 45
"On approval of the Regulations on the procedure for the deposit, recording, storage, valuation and sale of property, including Number of gifts received by a government official or equivalent to him with violation of Order, established by legislative acts, in connection with the performance of his official (labor) Responsibilities "
(Http://www.minprom.gov.by/aktu_zakonodatelstva)

Resolution of the Council of Ministers of the Republic of Belarus of February 5, 2016 No. 101
 
"On the Payment of Remuneration and Other Payments to an Individual Facilitating the Identification of Corruption"
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)


Resolution of the Ministry of Taxes and Levies of the Republic of Belarus of January 9, 2008 No. 1
"On approval of the Instruction on the procedure for filling in declarations on income and property"
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)


Conclusion of the Constitutional Court of the Republic of Belarus of November 12, 2001 No. З-129/2001
"On the compliance of the Constitution with the provisions of paragraph 3 of the fourth part of Article 4 of the Criminal Code of the Republic Belarus and its practice of applying the notion of an official on the basis of a commitment Legally significant actions "
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)

Decision of the Constitutional Court of the Republic of Belarus of December 16, 2009 No. Р-384/2009
"On the need to resolve conflicts between the norms of legislative acts providing for Additional grounds for termination of the employment contract under paragraph 5 of Article 47 of the Labor Code The Republic of Belarus"
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)

Decision of the Constitutional Court of the Republic of Belarus of December 19, 2011 No. Р-655/2011
"On the Compliance of the Constitution of the Republic of Belarus with the Law of the Republic of Belarus" On Amendments And amendments to the Law of the Republic of Belarus "On Combating Corruption"
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)

Decision of the Constitutional Court of the Republic of Belarus of July 8, 2015 No. R-999/2015
"On the Compliance of the Constitution of the Republic of Belarus with the Law of the Republic of Belarus" On Combating Corruption "
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)

Decision of the Plenum of the Supreme Court of the Republic of Belarus of June 26, 2003 No. 6
"On judicial practice in cases of bribery"
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)


Decision of the Plenum of the Supreme Court of the Republic of Belarus of 16 December 2004 No. 12
"On judicial practice in cases of crimes against the interests of service (Articles 424-428 CC)"
 (Http://www.minprom.gov.by/aktu_zakonodatelstva)


Major changes in anti-corruption legislation


  
The Law of 15 July 2015 "On Combating Corruption" of the year is an integral document defining Mechanisms for the prevention of corruption, including restrictions imposed on officials and Equaled to them, regulates the procedure for declaring income and property of such persons, fixes Systemic measures to counter corruption.

 
The provisions of the Law are aimed at the progressive improvement of anti-corruption legislation Belarus, in particular the adoption of additional measures to reduce the motivation of officials to corrupt Behavior, raise awareness of the inevitability of punishment for corruption crimes, as well as Maximum strengthening of the role of the public in revealing the facts of corruption and informing about it law enforcement.

 
In addition to the existing anti-corruption mechanisms, the law specifically prohibits On appointment to the leadership positions of persons dismissed for damaging circumstances (before the expiration Five years after such dismissal), as well as a ban on the admission to public service of persons who had previously committed Serious or especially serious crime against the interests of the service or associated with the use of official Face of their official authority (perpetually).

 
Provision is made for the deprivation of state officials who committed during the period of service Specified offenses, the right to retirement pension for seniority in accordance with the legislation on state Service and granting only pensions by age.

 
In addition, the procedure for declaring income and property of certain categories is being improved Government officials in order to maximize their real property Position.

 
A seizure mechanism is introduced from a public official with a responsible position, As well as those who entered the public service by election, property, whose value is 25% or more Exceeds the income received by this official for the reporting period from legitimate sources.

 
Amendments are made to the Criminal Code of the Republic of Belarus, the Code of the Republic of Belarus on Administrative And some other legislative acts, taking into account the practice of applying legislation in In the field of combating corruption, as well as in connection with the need to harmonize with the provisions of the Law on Combating Corruption".

 
The law not only fixes additional measures to combat corruption, but individual Initiatives of citizens, received during the public discussion of the draft law aimed at Reasonable liberalization of relations in this area.

 
In particular, the institution of public control in the field of combating corruption is introduced, forms are fixed Participation of citizens in such activities (including participation in drafting regulatory legal acts In the field of fighting corruption and in the work of the anti-corruption commissions).

 
The prohibition of work on external compatibility for persons committing legally significant Actions that do not entail significant consequences (heads of departments, services, departments, shops, Laboratories at various enterprises). The law provides for the dissemination of this prohibition Exclusively on officials with real state-power powers (Civil servants, military personnel, heads and chief accountants of state  Organizations and non-governmental organizations with a share of state ownership of at least 50%).

 
To prevent a formal approach to the application of foreclosure measures, responsibility for Insignificant inaccuracies in the declaration of income and property.

Local legal acts of the Ministry


The plan of the anti-corruption measures in the system of the Ministry of Industry of the Republic of Belarus  For 2016-2017 (open)
(Http://www.minprom.gov.by/lokalnue_pravovue_aktu)

Order of the Ministry of Industry of the Republic of Belarus of January 26, 2012 No. 49
"On the creation of a commission for combating corruption of the Ministry of Industry of the Republic of Belarus" (open)
(Http://www.minprom.gov.by/lokalnue_pravovue_aktu)

Order of the Ministry of Industry of the Republic of Belarus of March 27, 2014 No. 132
"On Amending the Order of the Ministry of Industry of the Republic of Belarus" (changes were made to the Order  From January 26, 2012 No. 49, which defined the new composition of the Commission for Combating Corruption) (open)
(Http://www.minprom.gov.by/lokalnue_pravovue_aktu)

Order of the Ministry of Industry of the Republic of Belarus of August 21, 2015 No. 407
"On introducing additions and changes to the order of the Ministry of Industry of the Republic of Belarus from January 26, 2012 No. 49 "(a new edition of the Regulation on the Commission Against Corruption  Ministry of Industry of the Republic of Belarus) (open)
(Http://www.minprom.gov.by/lokalnue_pravovue_aktu)