In the past year, the Republic of Belarus has seen a decrease in corruption activity by more than four percent. The positive trend has been shaped by two types of corruption offences: embezzlement using official authority and bribery. At the same time, the number of recorded abuses of official authority, exceeding powers, and criminal inaction by officials has increased.
The lowest incidence of corruption was observed in the spheres of public administration, healthcare, education, construction, and transport. Conversely, corruption has grown in the spheres of culture and sports, industry, and trade.
The majority of corruption offences consist of bribery and petty embezzlement, committed by low-level management officials.
On 20.08.2019, the President of the Republic of Belarus, A.G. Lukashenko, noted at a meeting that the fight against corruption must not be weakened, and there should be no leniency in punishment for corrupt individuals. However, he stressed that working for statistics, a "quota" system for evaluating effectiveness, leading to the initiation of criminal cases without sufficient evidence, artificial creation of conditions for illegal activities to subsequently suppress them, procrastination, violation of procedures and conditions for operational-search activities, and unjustified use of "force" measures for detention or pressure on participants in the process, are unacceptable.
Law enforcement agencies have been set specific tasks: to focus efforts on ensuring legality, protecting the rights and interests of citizens, upholding the principle of justice, and responding immediately and with principle to the most egregious violations of the law. It is necessary not only to fundamentally change approaches in the work of law enforcement agencies but also to take measures for the prevention of corruption manifestations at the local level: in government bodies and organisations.
In the Vitebsk region in 2019, the number of recorded corruption offences remained at the same level – 248. Cases of bribery and embezzlement using official authority increased. The damage caused by corruption offences amounted to 3.5 million rubles.
A public opinion poll conducted by the Information and Analytical Centre under the Administration of the President of the Republic of Belarus showed that the Vitebsk region has the lowest level of corruption in the country (45%), while the figure for the city of Minsk was 65%, and for the Republic of Belarus as a whole – 51.5%. According to
The following areas are most susceptible to corruption among citizens in the Vitebsk region:
healthcare (42%), public administration (32.5%), business (28%).
In 2019, law enforcement and other district bodies implemented organisational, legal, practical, and other measures aimed at ensuring strict compliance with the requirements of anti-corruption legislation.
In 2019, a total of 264 crimes were registered in the district.
The Department for Combating Economic Crimes of the Lepel District Department of Internal Affairs registered 10 crimes, which constitutes 3.8% of the total number of registered crimes (2018 – 3 out of 256, or 1.2%). Of these, 2 corruption-related crimes were registered, accounting for 0.8% of the total number of registered crimes (2018 – 1, or 0.4%). In 2019, the Department for Combating Economic Crimes of the Lepel District Department of Internal Affairs uncovered 1 crime against the order of economic activity (Part 2 of Article 257 of the Criminal Code) (2018 – 0). In 2019, 1 crime against the order of economic activity was registered (2018 - 0).
Two corruption-related crimes committed in the Lepel district in 2019: Article 424 of the Criminal Code and Article 426 of the Criminal Code.
Based on the crimes registered in the current year, criminal cases have been initiated under Part 2 of Article 424 of the Criminal Code and Part 2 of Article 426 of the Criminal Code (2018: 1 – under Part 1 of Article 210 of the Criminal Code). Criminal cases were initiated by the Polotsk Inter-District Department of the Investigative Committee and the Vitebsk Regional Investigative Committee, respectively. Currently, the investigation into these criminal cases is not complete; however, it should be noted that these crimes were uncovered in an organisation subordinate to "Vitebskavtodorstroy" and the Lepel District Department of Internal Affairs.
Corruption-related crimes were not sent to court by the district prosecutor's office (2018 – 1).
The Lepel District Court considered one corruption-related criminal case in 2019 (2018 – 1).
Thus, on 26.02.2019, a guilty verdict was delivered against citizen I. (formerly Deputy Chairman of the Ushachi District Executive Committee – Head of the Department for Agriculture and Food) accused of committing crimes under Part 14 of Article 16, Part 2 of Article 210, Part 3 of Article 426 of the Criminal Code, and against Ponomareva G.N. under Part 2 of Article 210 of the Criminal Code. As a result of the court proceedings, the guilty parties were brought to criminal liability.
In total, in 2019, 3 corruption-related crimes were accounted for in the Lepel district (for which guilty parties were convicted and sentences entered into legal force) – all under Part 1 of Article 455 of the Criminal Code.
(abuse of power, exceeding authority, or inaction by authority committed by military personnel, military unit 71327). For instance, on July 5, 2017, a serviceman of military unit 71327, junior sergeant K., while on the territory of military unit 71327 in the village of Zaslonovo, Lepel district, acting out of selfish interest, exceeded his authority and demanded that his subordinate, private P., purchase and hand over food products and cigarettes at his own expense.
The effectiveness of anti-corruption efforts is negatively impacted by violations of legislation committed by law enforcement officers during operational-search activities, inquiry, and preliminary investigation, their insufficient professional training, and the absence of modern methods for detecting corruption.
Based on the results of an inspection of the Lepel District Department of Internal Affairs' compliance with legislation on operational-search activities, a submission was made to the head of the Lepel District Department of Internal Affairs, which included a separate section detailing information concerning the Department for Combating Economic Crimes (DCEC) of the Lepel District Department of Internal Affairs. Following an inspection of the effectiveness of detecting corruption-related crimes, a coordination meeting on combating crime and corruption in the Lepel district was held on June 28, 2019. As a result of considering the submission forwarded to the Lepel District Department of Internal Affairs, one employee of the DCEC of the Lepel District Department of Internal Affairs was held materially liable. Furthermore, due to delays in conducting the inspection, in accordance with Article 174 of the Criminal Procedure Code, a senior operative officer of the DCEC of the Lepel District Department of Internal Affairs was disciplined by order of the district prosecutor.
Based on performance indicators, the efficiency and effectiveness of the Lepel District Department of Internal Affairs are not at the required level, which is largely due to the lack of proper departmental control by the management of the Lepel District Department of Internal Affairs and supervising officers of the Department of Internal Affairs of the Vitebsk Regional Executive Committee, as well as the insufficient experience of the employees of the DCEC of the Lepel District Department of Internal Affairs.
The district prosecutor's office continuously analyzes economic sectors and social spheres for corruption to identify areas for inspection and take timely measures to prevent corruption.
The activities of certain enterprises, organizations, and their managers in complying with anti-corruption legislation are at an unsatisfactory level.
In accordance with Part 1 of Article 43 of the Law of the Republic of Belarus "On Combating Corruption,"
heads of state and other organisations, within their competence,
are obliged to take measures established by law aimed at combating
corruption.
In 2019, a total of 9 corruption offences were identified: 7 were offences creating conditions for corruption, 1 was related to property declaration, and 1 was a violation of anti-corruption restrictions. (In 2018, there were 9 offences creating conditions for corruption).
The District Prosecutor's Office conducted 3 inspections of compliance with anti-corruption legislation:
- on compliance with anti-corruption legislation at KUP SKh "Lepelskoe";
- on compliance with anti-corruption legislation at the Lepel District Department of Internal Affairs;
- on compliance with anti-corruption legislation at OAO "Ladosno" and the Department of Agriculture and Food of the Lepel District Executive Committee.
Monitoring was also carried out on compliance with legislation on public procurement of goods (services) in rural executive committees, enterprises and organisations of the district.
Based on the results of general supervisory inspections, 3 submissions were made. Submissions were made to: the Lepel District Executive Committee (regarding violations identified at KUP SKh "Lepelskoe"), the Head of the Lepel District Department of Internal Affairs (on issues of organisation and implementation of public procurement and procurement from own funds), and the Chairman of the Lepel District Executive Committee (regarding violations of anti-corruption legislation at OAO "Ladosno" and the Department of Agriculture and Food of the Lepel District Executive Committee).
4 injunctions were issued, including 3 in connection with violations of legislation on public procurement (KUP SKhP "Lepelskoe", OAO "Lepelagroservice", OAO "Ladosno"), and 1 for violations of legislation on procurement from own funds (KUP SKhP "Lepelskoe").
2 protests were filed, including against the regulation on procurement from own funds and against the order to establish a commission for the organisation and conduct of negotiation procedures and public procurement of goods (works, services) (Lepel District Department of Internal Affairs, DKUP "UKS Lepelsky District").
2 disciplinary proceedings were initiated against 2 officials for violations of legislation on public procurement.
Following the review of prosecutor's supervision acts, 7 officials were subjected to disciplinary action, including 4 for violations of legislation on public procurement.
By
results of supervision over the enforcement of anti-corruption legislation, no claims were filed with the court. As part of the analysis of the implementation of anti-corruption legislation in OJSC "Ladosno", the prosecutor sent an instruction for the recovery of material damage from the director of OJSC "Ladosno" in the amount of 392.50 rubles. The claim was satisfied in full.
In 2019, the District Prosecutor's Office conducted an analysis of the implementation of anti-corruption legislation in OJSC "Ladosno" and the Department of Agriculture and Food of the Lepel District Executive Committee.
According to Art. 5 of the Law of the Republic of Belarus of 15.07.2015 No. 305-Z "On Combating Corruption" (hereinafter referred to as the Law on Combating Corruption), the fight against corruption is carried out by state bodies and other organizations through the comprehensive application of measures, including planning and coordinating anti-corruption activities, establishing restrictions and special requirements aimed at ensuring financial control over public officials and persons equated to them, in order to prevent manifestations of corruption and their detection, as well as to restore the violated rights and legitimate interests of individuals and legal entities, to eliminate other harmful consequences of offenses that create conditions for corruption, and corruption offenses.
However, the requirements of anti-corruption legislation are ignored by the officials of OJSC "Ladosno", as evidenced by the fact that the director of the company committed an offense that creates conditions for corruption.
It was established that in February of the current year, the director of OJSC "Ladosno" wrote an application for the allocation of 15 calves to him in lieu of salary, which was approved by the chairman of the supervisory board of the company.
In accordance with clauses 3.9, 3.10 of the Collective Agreement of OJSC "Ladosno", labor remuneration is made within the limits of funds earned by the work collective, while the replacement of monetary payment, fully or partially, with payment in kind (agricultural products, young cattle, meat, milk, grain) is allowed with the written consent of the employee.
According to the minutes of the meeting of the supervisory board of OJSC "Ladosno" dated 18.02.2019, it was decided to sell 15 calves for cash to the director of OJSC "Ladosno" for cash payment for the current needs of the company in the amount of 5,681 rubles. In fact, the director sold the specified calves to another individual and spent the funds for personal purposes to hold his son's wedding.
It should be noted that
in accordance with Art. 57 of the Labour Code of the Republic of Belarus, wages are remuneration for labour, which the employer is obliged to pay to the employee for work performed, depending on its complexity, quantity, quality, working conditions and the employee's qualifications, taking into account the time actually worked, as well as for periods included in working time.
Thus, the enterprise has no wage arrears to the director, considering the sale of 15 calves to him in lieu of wages for the amount of 5681 rubles, while his monthly accrued wages do not exceed 2000 rubles. However, to date, the final settlement with the company for the calves allocated to him by the director of OJSC "Ladosno" has not been made, which contradicts the provisions of the Collective Agreement and negatively affects the economic state of the company's settlements.
Thus, the actions of the chairman and members of the supervisory board of OJSC "Ladosno" show signs of an offence creating conditions for corruption, as provided for in para. 3 of part 1 of Art. 25 of the Law on Combating Corruption: a state official, when preparing and making decisions, provides undue preference to the interests of individuals or legal entities, or grants them unjustified benefits and privileges, or assists in their provision.
The director of OJSC "Ladosno" himself, being a state official, used his official position when resolving issues affecting his personal and other non-official interests, which is an offence creating conditions for corruption.
Pursuant to part 2 of Art. 25 of the Law, the commission of offences specified in part 1 of Art. 25 of the Law entails responsibility in accordance with legislative acts.
It should be noted that in accordance with subpara. 8.32 of para. 8 of the Regulation on the Department of Agriculture and Food of the Lepel District Executive Committee, approved by the decision of the Lepel District Executive Committee of 30.05.2019 No. 504, within its competence, the district agricultural department coordinates the work of agricultural organizations of the district of all forms of ownership.
However, the department implements these functions in relation to agricultural organizations ineffectively, as officials of the department commit certain violations of the requirements of anti-corruption legislation, which, in turn, creates fertile ground for corrupt practices.
In accordance with parts 2 and 13 of Art. 32 of the Law on Combating Corruption, civil servants are obliged
annually submit declarations of income and property to the state
bodies in which they hold public office. Along with them,
their spouse, as well as
adult close relatives living with them and maintaining a
common household, are obliged to declare income and property annually.
It has been established that citizen
M., being a public servant, working in the Department of Agriculture and Food of the Lepel District Executive Committee, submitted declarations of income and property on behalf of her husband, which she filled out and signed
personally.
Within the framework of Art. 7, 11
of the Law of the Republic of Belarus "On the Declaration of Income and Property by Individuals at the Request of Tax Authorities" dated 04.01.2003 No. 174-Z, regarding the spouse
of citizen M., employees of the Ministry of Taxes and Levies for the Lepel District conducted a desk audit of the compliance of expenses and income of the individual, according to the results of which it was established that filling out and submitting declarations to the Ministry of Taxes and Levies and
further explanation of income sources at the request of officials of the Ministry of Taxes and Levies on behalf of her husband.
Only after
sending the desk audit report dated
01.08.2019 to the spouse of citizen
M. and demanding payment of income tax did he personally
submit objections to the audit materials to the Ministry of Taxes and Levies for the Lepel District.
In addition, during the interview, he indicated that his
spouse, citizen M., helped him keep records of his
business activities, which is confirmed by the purchase statements submitted to the Ministry of Taxes and Levies for the Lepel District for crop production,
wild-growing products and secondary raw materials from the population for 2015-2017.
In accordance with
the cattle sale certificates of citizen
M., for her husband in 2017, purchases were made from KUPSHP "Lepelskoe", OAO "Chereyshchina" of live cattle in the amount of 7 heads for a total amount of 2059.1 rubles. Subsequently, the main part of the cattle
was sold by him as an individual entrepreneur, and as a result, he received income from entrepreneurial activities.
Thus, citizen
M., being a public servant, violated the prohibition established by Part 2 of Art. 17 of the Law on Combating Corruption, which was expressed in providing assistance to her husband in carrying out entrepreneurial activities using her
official position.
Pursuant to Part 4 of Art. 17
of the Law on Combating Corruption, a public official who has violated
a written undertaking to comply with the restrictions established by Part 2 of Article 17 of the Law shall be held liable in accordance with legislative acts.
In 2019, 1 coordination meeting on combating crime and corruption was held on anti-corruption issues (2018 – 1); furthermore, anti-corruption issues were considered as a separate item at the coordination meeting on crime prevention issues in the district.
Prosecutor of Lepel District
Junior Justice Advisor V.M. Zhigimont