On March 1, 2023, the Law of the Republic of Belarus "On Combating Corruption" (hereinafter referred to as the Law) came into force with amendments and additions.
On March 1, 2023, the Law of the Republic of Belarus "On Combating Corruption" (hereinafter referred to as the Law) came into force with amendments and additions.
The Law of the Republic of Belarus of 30.12.2022 N 232-Z "On Amendments to Laws on Combating Corruption" introduced a number of amendments and additions to specific articles of the Law. In this article, we will review some of the changes and additions made to the Law.
For example, Article 17 of the Law "Restrictions established for public officials and persons equated to them" has been supplemented with provisions on the need to comply with the procedure for preventing and resolving conflicts of interest;
The Law also prohibits spouses, close relatives, or in-laws from working together in certain positions not only in state bodies but also in organizations with a predominant state ownership share. Previously, the prohibition applied only to working together in state organizations. It also prohibits a public official from using any property of a state body or organization for non-official purposes, not just property obtained while performing official duties. Previously, the prohibition extended only to property transferred for the performance of duties directly assigned to him.
In addition, the Law introduces a new provision establishing the general grounds for the liability of a legal entity for committing corrupt acts in its name or in its interests.
Article 38 of the Law stipulates that if a natural person, on behalf of or in the interests of a legal entity, including a foreign one, has bribed a public official or a person equated to him, or a foreign official, this legal entity shall be liable in accordance with legislative acts.
The current legislation also establishes duties for heads of state bodies and other organizations to prevent and detect violations of anti-corruption legislation, eliminate the consequences of violations, and address the causes and conditions conducive to them. Previously, heads were only responsible for bringing to justice persons who committed violations of anti-corruption legislation and informing state bodies engaged in combating corruption.
with corruption, about such facts.
Cases of submission of identical declarations simultaneously to various organizations by chairpersons of rural, settlement, city Councils of Deputies, and their deputies have been eliminated. Currently, chairpersons of rural, settlement, city (cities of regional subordination) Councils of Deputies, and their deputies submit declarations to district Councils of Deputies only if they have not been submitted to city bodies where they hold public office. Previously, declarations were submitted both to the district Councils of Deputies and to their place of work.
The procedure for confiscation of property accepted by a public official in violation of anti-corruption legislation has been changed. The commission of an anti-corruption offense will be the basis for confiscating such property.
The Law specifies the norms related to the procedure for a public official to accept gifts received during protocol and other official events. The Law enshrines the definition of the terms "gift received in connection with protocol and other official events" and "protocol and other official events." The concept of "souvenir" has been excluded from the Law, while simultaneously establishing the maximum value of a gift presented to a person in connection with the performance of official (labor) duties. The current Law establishes that the acceptance of gifts received during protocol and other official events, the value of each of which does not exceed twenty times the basic amount on the date of receipt of such gift, and flowers, does not constitute a violation of restrictions (previously, gifts received during protocol or other official events with a value exceeding 5 basic amounts were transferred to the organization's income).
The institution of declaring income and property has been improved, aimed at eliminating excessive requirements for this procedure. Thus, persons holding responsible positions or entering public service by election are given the opportunity to indicate in their declaration information about the income and property of their minor children without submitting a separate declaration, and in the case of a child living with a former spouse, the latter declares the income and property of such child.
Article 27 "Income and property not subject to mandatory declaration" has been supplemented by the Law. Currently, the following are not subject to mandatory declaration in
in accordance with this Law: digital signs (tokens); remuneration from the amount of payment for goods (works, services) using bank payment cards, remote banking services, including in the form of interest; goods (works, services) received (performed, rendered) within the framework of advertising distribution and advertising games, if the conditions for their conduct do not contain information about the recipients of such goods (works, services); income received within the framework of bonus, marketing and (or) other similar programs; discounts on the price (tariff) of goods (works, services); cash payments (reimbursements) made by an employer when sending an employee on a business trip, for professional development, retraining, vocational training, and internships, including payments (reimbursements) made by the host party; commercial loans; income in the form of gifts, the value (amount) of each of which does not exceed two hundred and fifty times the basic amount on the date of receipt of such gift; income from the alienation of property for consideration, the unit value of which does not exceed forty times the basic amount on the date of alienation of such property.
The Law supplements a number of terms and their definitions, such as "organizational, administrative and economic duties", "protocol and other official events", "persons duly authorised to perform legally significant actions", "gifts received during protocol and other official events".
The Law also regulates the procedure for the use of official property, and primarily official transport. An additional form of interaction has been established, which will allow a specific organisation to receive information from law enforcement agencies about corrupt acts committed by its employees. This will provide the organisation's management with the opportunity for timely adjustment of anti-corruption measures. At the same time, the organisation's obligation to transfer information about corruption among its employees to law enforcement agencies is retained.
Prosecutor of Lepel District
Justice Advisor V.M. Zhigimont