On the state of the fight against corruption crimes and offenses in the territory of Lepel district

Effective anti-corruption measures can only be ensured through the systematic application of a set of organisational and legal, socio-economic, and organisational and practical measures.

Combating corruption is a measure to protect society, the state, fundamental human rights and freedoms from one of the most dangerous types of offences, which is increasingly transnational and organised in nature, and requires the consolidation of all state institutions and civil society to combat it.

All state bodies and other organisations, regardless of ownership, are obliged to actively participate in the fight against corruption within their statutory powers.

The Concept of National Security of the Republic of Belarus identifies effective anti-corruption efforts as a priority area for ensuring state security.

In 2020, law enforcement and other district bodies implemented organisational and legal, practical, and other measures aimed at ensuring strict compliance with anti-corruption legislation. However, there was no significant intensification of the efforts by the Department for Combating Economic Crime of the District Department of Internal Affairs in identifying corruption offences.

The District Prosecutor's Office has analysed the state of the fight against corruption crimes and offences in the district over the past year and the first quarter of 2021.

It should be noted that by the end of 2020, a decrease in the number of registered crimes was observed, from 264 in 2019 to 252 in 2020 (-4.5% or -12 crimes). While the overall crime rate for traditional offences has decreased further, a significant increase in the number of crimes (from 28 to 65) has been observed in the high-tech sphere.

The crime rate per 10,000 population was 78, compared to the regional average of 92.2.

In 2020, the Lepel District Department of Internal Affairs identified 1 corruption-related offence under Part 1 of Article 424 of the Criminal Code of the Republic of Belarus. No corruption crimes were identified in the first quarter of 2021.

Furthermore, 2 corruption offences under Part 2 of Article 426 of the Criminal Code were accounted for, with criminal cases initiated and investigated by the Investigative Committee of the Vitebsk Region based on materials from the Main Directorate of Security of the Ministry of Internal Affairs against a former employee of the Lepel District Department of Internal Affairs.

The prosecution of individuals who have committed corruption offences is an important component of the overall system of measures to combat corruption. Based on the investigation results, a criminal case under Part 1 of Article 424 of the Criminal Code has been forwarded for consideration to the court of Lepel District, and the guilty person has been brought to criminal liability.

An analysis of violations and corruption-related offences identified in the district has shown that, in most cases, violations are committed by officials of agricultural enterprises, specifically those in a better financial position. For instance, an offence provided for by Part 2 of Article 424 of the Criminal Code was committed by an official of SPF "Zaiozerie" of OJSC "Vitebsk Meat Processing Plant"; significant violations in the procurement of goods were also identified at the aforementioned enterprise.

In 2020, the staff of the Department for Combating Economic Crimes of the District Department of Internal Affairs significantly reduced the effectiveness of work in identifying economic violations and combating corruption. Thus, only 4 administrative offence reports were drawn up in 2020 (compared to 25 in 2019). Of these, only 2 reports were filed under Part 1-1 of Article 12.7 of the Code of Administrative Offences for illegal procurement and circulation of ferrous metal scrap. However, a significant number of thefts committed in the district are related to the misappropriation and subsequent sale of scrap metal products to individuals.

In 2020, the work of the Department for Combating Economic Crimes was focused on identifying offences related to the illegal receipt of benefits for the care of disabled or elderly citizens under Article 209 of the Criminal Code (5 offences) and offences related to the misappropriation of entrusted property under Article 211 of the Criminal Code (4 offences).

However, for over 5 years, the Lepel District Department of Internal Affairs has not identified offences provided for by Articles 430-431 of the Criminal Code, nor corruption offences in the sphere of procurement.

The operational-search activities conducted by the officers of the Department for Combating Economic Crimes of the Lepel District Department of Internal Affairs in the area of detecting corruption offenses are not sufficiently effective. For almost all cases under operational accounting, targeted operational work is lacking; operational information is received sporadically and often with significant delays. Departmental control over the timely and qualitative execution of planned measures in such cases is insufficiently effective. This leads to unjustified delays and results in the loss of a real opportunity to expose the individuals under surveillance. These same shortcomings remain one of the reasons why, in a significant number of cases, criminal proceedings are refused on rehabilitating grounds based on the results of inspections.

An analysis of identified corruption offenses and crimes detected in 2020 showed that almost all significant violations occurred within the agro-industrial complex organizations.

Specifically, an inspection of the activities of the SPF "Zaoserye" of OJSC "Vitebsk Meat Processing Plant" concerning the withholding of funds from employees of the branch for the beef cattle they purchased, conducted by the Department for Combating Economic Crimes of the Lepel District Department of Internal Affairs and the district prosecutor's office, revealed instances of unjustified accrual and withholding of funds from employees of the MTRK "Yurkovshchina" SPF "Zaoserye" with the aim of concealing cattle losses.

As a result of the creation and submission of "fictitious" non-goods applications to the branch's accounting department, funds were withheld from employees' wages.

There was also a violation of legislation in the sphere of procurement of goods at the specified enterprise.

During the period from January to May 2020, the chief engineer of SPF "Zaozerie", having actually colluded with a representative of LLC "PROMIS ALYAS", carried out the preparation of documents (market research) for the purchase of spare parts and mechanisms for the branch's needs. During the audit, it was established that in fact no market research was conducted, all documentation (commercial offers) was prepared by the said representative on behalf of LLC "Promis Alliance", LLC "Otrana-M" and LLC "Agromaximport".

At the same time, LLC "Otrana-M" and LLC "Agromaximport" did not carry out their activities and were excluded from the Unified State Register of Legal Entities and Individual Entrepreneurs in 2012 and 2017, respectively.

The chief engineer prepared certificates on conducting marketing research, which were subsequently approved by the director of SPF "Zaozerie". Subsequently, the funds for the supplied goods were paid by the "Lepel MKC" branch.

The total cost of goods purchased from OOO "Promis Alliance" in April 2020 alone amounted to over 132 thousand rubles. Payment was made with goods from the "Lepel MKC" branch.

The district prosecutor's office constantly analyzes economic sectors and social spheres for corruption in order to identify areas for inspection and take timely response measures to prevent corruption.

The activities of some enterprises, organizations, and their managers in fulfilling the requirements of anti-corruption legislation are at an unsatisfactory level.

At the same time, the analysis of identified offenses in 2020 and the first quarter of 2021 showed that systematic violations of anti-corruption legislation occur in a number of state institutions.

For example, an inspection conducted in 2020 established that during the period from 03.01.2020 to 17.03.2020, the State Institution "Territorial Centre for Social Services of the Population of Lepel District" (hereinafter referred to as TSSON) conducted 20 public procurement procedures in the form of single-source procurement for a total amount of 130,855 rubles and 22 kopecks.

In accordance with paragraph 3 of clause 3 of Article 49 of the Law of the Republic of Belarus of 13.07.2012 No. 419-Z "On Public Procurement of Goods (Works, Services)" (as amended on 17.07.2018) (hereinafter referred to as the Law on Public Procurement), the certificate on conducting a single-source procurement procedure shall be posted by the customer (organizer) on the electronic trading platform no later than one working day following the day of its approval.

However, in violation of this legislative requirement, TSSON did not post certificates on 18 conducted single-source procurement procedures on the electronic trading platform.

In the first quarter of 2021, the district prosecutor's office again analyzed the work of TSSON. Based on the results of the analysis, it was found that specialists in organizing the procurement of goods (works, services) at TSSON of Lepel District, when carrying out single-source procurement, committed violations of Article 49 of the Law on Public Procurement.

In accordance with Article 21 of the Law of the Republic of Belarus of July 15, 2015, No. 305-Z "On Combating Corruption", a public official is obliged to notify in writing their supervisor, to whom they are directly subordinate, of the occurrence or possibility of a conflict of interest as soon as they become aware of it, and is entitled to declare in writing their recusal from making a decision, participating in decision-making, or performing other official duties (work) that cause or may cause a conflict of interest.

However, in violation of the specified requirements, Citizen A., being a public official – the head of an educational institution in Lepel, failed to notify in writing her supervisor – the head of the education department of the Lepel District Executive Committee, to whom she is directly subordinate, about the possibility of a conflict of interest when hiring her husband as a watchman.

An analysis of the work of the commission for combating corruption at KUPP "Borovka" conducted in the first quarter of 2021 showed that its work is not properly organised in accordance with the requirements of the legislation.

Prosecutor of Lepel District

Justice Advisor V.M. Zhigimont