The fight against corruption has been and remains a priority for our state. Crimes committed by officials, especially those with a corrupt element, cause significant damage to the authority of state power, hinder the normal functioning of state bodies and administration, and undermine citizens' trust in government structures.
The fight against corruption has been and remains a priority for our state. Crimes committed by officials, especially those with a corrupt element, cause significant damage to the authority of state power, hinder the normal functioning of state bodies and administration, and undermine citizens' trust in government structures.
In this regard, the fight against corruption is a central element of the internal policy of the Republic of Belarus.
According to Article 25 of the Law "On Combating Corruption", offences that create conditions for corruption include:
- Interference by a public official, using their official powers, in the activities of other state bodies and organisations, if it is outside their remit and not based on a legislative act;
- Providing undue preference to the interests of individuals or legal entities, or granting them unjustified benefits and privileges, or assisting in their provision, by a public official during the preparation and adoption of decisions;
- Use by a public official or a person equated to them of their official position in resolving issues affecting their personal, group, and other non-official interests, if it is not related to official (work) activities;
- Use by a public official or a person equated to them, for non-official interests, of information whose dissemination is restricted, obtained in the performance of official (work) duties;
- Violation by a public official or a person equated to them of the procedure established by legislative acts for conducting competitions, auctions, procurement procedures, etc.
Committing these or other offences entails responsibility in accordance with the legislation of the Republic of Belarus.
Criminal liability for violation of anti-corruption legislation is provided for by Articles 210, 424, 425-427, 430-433 of the Criminal Code of the Republic of Belarus.
According to the statistics of criminal cases, the most common corruption offenses are: bribery, official forgery, embezzlement by abuse of official powers, abuse of power or official position.
For embezzlement by abuse of official powers, Article 210 of the Criminal Code provides for deprivation of the right to hold certain positions, or to engage in certain activities with a fine, or restriction of liberty for up to 4 years with a fine, or imprisonment for up to 4 years with or without a fine and with deprivation of the right to hold certain positions or engage in certain activities.
Embezzlement by abuse of official powers, committed repeatedly or by a group of persons by prior conspiracy, is punishable by restriction of liberty for a term of 2 to 5 years with deprivation of the right to hold certain positions or engage in certain activities, or imprisonment for a term of 2 to 7 years with a fine and with deprivation of the right to hold certain positions or engage in certain activities.
Abuse of power or official position (Article 424 of the Criminal Code) is the intentional commission by an official of actions, contrary to the interests of service, using their official powers, which caused damage in a large size or significant harm to the rights and legitimate interests of citizens, or state and public interests, and is punishable by imprisonment for a term of 2 to 6 years with or without a fine and with deprivation of the right to hold certain positions or engage in certain activities.
Abuse of power or official position, committed by an official holding a responsible position, or during the exercise of functions for denationalization and privatization of state property, or resulting in grave consequences, is punishable by imprisonment for a term of 3 to 10 years with or without a fine and with deprivation of the right to hold certain positions or engage in certain activities.
Article 430 of the Criminal Code, which defines the offence of receiving a bribe – the acceptance by an official, for themselves or for their relatives, of material valuables or acquisition of property benefits provided solely in connection with their official position, a favourable resolution of issues within the competence of such person, or for the performance or non-performance, in the interests of the bribe-giver or the persons represented by them, of any action that such person was obliged or able to perform – stipulates punishment in the form of restriction of liberty for a term of 3 to 5 years with deprivation of the right to hold certain positions or engage in certain activities, or deprivation of liberty for a term of up to 7 years with a fine and with deprivation of the right to hold certain positions or engage in certain activities. Receiving a bribe repeatedly, or by extortion, or by a group of persons by prior conspiracy, or in a large amount, is punishable by deprivation of liberty for a term of 3 to 10 years with a fine and with deprivation of the right to hold certain positions or engage in certain activities.
In this regard, a person who has given a bribe shall be exempted from criminal liability if bribery was extorted from them, or if such person voluntarily reported the offence after giving the bribe.
Prosecutor of Lepel District
Justice Advisor V.M. Zhigimont