In any society, crime is the most significant factor of social tension affecting the crime situation.

In any society, crime is the most significant factor of social tension affecting the crime situation. The actual enforcement of norms established by the legislator in the course of practical resolution of issues in the spheres of socio-political, socio-economic, cultural and educational, and other social relations gives us a general idea of the observance of legality, and allows us to assess the state of legality and the level of law and order in the city with a certain degree of completeness and objectivity. Constructive creative work to ensure sustainable economic development and growth of people's well-being is impossible without the existence and strict enforcement of unified legal rules, legislative provisions, and adherence to restrictions and prohibitions.

In 2018, the District Prosecutor's Office, in cooperation with other state and law enforcement bodies, carried out supervisory, organizational, and law enforcement measures aimed at ensuring legality and law and order in all spheres of social activity of society and the state.

In 2018, 256 crimes were registered in the district, which is 23 more (+9.9%) than in 2017. The crime rate per 10,000 population in the district was 77.8 (70.8) crimes. This crime rate is lower than both the regional average of 81.7 crimes and the national average of 88.2.

Despite this, a reduction from 28 to 18 (-35.7%) in the number of grave and especially grave crimes was achieved, and a decrease from 153 to 137 (-10.5%) in registered crimes in the areas of criminal investigation activities.

The overall increase in the crime rate is largely due to an increase in the number of criminal cases under Article 174 of the Criminal Code of the Republic of Belarus (from 10 to 32), which is related to the increased activity of enforcement bodies after the prosecutor's office took measures regarding the timely submission of materials concerning persons evading alimony payments to the Lepel District Department of Internal Affairs (District Prosecutor's Office's representation dated 20.06.2018).

An analysis of the crime situation in the rural councils shows that not all of them are taking adequate measures to prevent crimes and offences.

Thus, in 2018, an increase in the number of crimes committed within the scope of criminal investigation occurred in the territories of the Gorsky (+10) and Domzheritsky (+4) rural councils. It should be noted that, overall, the number of crimes committed in rural areas within the scope of criminal investigation decreased from 82 to 72. In the town of Lepel, a reduction in crime within the scope of criminal investigation was also achieved, from 71 to 65 crimes.

The Chairpersons of the Gorsky and Domzheritsky rural councils must promptly analyse the causes of the current situation, hold meetings of the rural executive committees with the participation of representatives from the prosecutor's office, the Lepel District Department of Internal Affairs (ROVD), and enterprise managers, and take measures to stabilise the crime situation in the territories under their jurisdiction.

Speaking of the qualitative aspects of crime, it should be noted that a trend towards a decrease in the number of crimes committed by individuals under the influence of alcohol, and by groups of individuals, is observed.

The number of crimes committed by individuals under the influence of alcohol also decreased from 41 to 35, with the proportion of such crimes being 21.7% (2017 – 23.3%). It should be noted that the proportion of these crimes exceeds the regional average (21.5%). In 2017, 12 crimes were committed by groups of individuals (2017 – 15), with the proportion of these crimes being 7.5% (2017 – 8.5%) compared to the regional average of 7.0%.

However, an increase in recidivist crime is evident. In the past year, within the territory of Lepel district, 64 crimes (2017 – 63) were committed by individuals with prior convictions across all services, accounting for 39.8% of the total, which is higher than the regional average (37.9%).Crime analysis indicates that there are a number of negative phenomena within the district requiring specific measures to stabilise the operational situation.

Thus, as previously noted, a high proportion of crimes committed under the influence of alcohol is observed, along with an increase in recidivist crime. There are shortcomings in preventive work with individuals under supervision, and not all preventive entities are taking exhaustive measures aimed at preventing crimes and offences.

In 2018, the district prosecutor's office conducted an analysis of the Lepel District Department of Internal Affairs' activities in preventing recidivist crime, an inspection of preventive entities' compliance with the Programme for the Prevention of Offences in the Vitebsk Region for 2018, and an analysis of the Lepel District Department of Internal Affairs' activities in fulfilling the requirements of the Law of the Republic of Belarus of 04.01.2014 No. 122-Z "On the Fundamentals of Crime Prevention Activities" (hereinafter referred to as the Law).

An analysis of the Lepel District Department of Internal Affairs' work in preventing recidivist crime revealed a number of violations in dealing with individuals under preventive supervision.

As a result of these inspections, a number of violations were identified in the activities of preventive entities concerning the prevention of recidivist crime, including in dealing with individuals serving sentences not involving deprivation of liberty, as well as in the social rehabilitation of individuals released from correctional institutions.

For instance, 15 cases of recidivist crime registered in the district were committed by individuals not registered with the Penal Enforcement Inspectorate of the Lepel District Department of Internal Affairs (e.g., residents of other districts). However, with a proper approach to preventive work by the services of the Lepel District Department of Internal Affairs, a number of recidivist crimes could have been prevented.

The inspection also showed that the work carried out with some convicted and previously tried individuals does not contribute to eliminating the causes and conditions conducive to their committing new offences and crimes. This, against the backdrop of a low level of interaction between the penal enforcement inspectorate and other departments of the Lepel District Department of Internal Affairs, formalism, and shortcomings in the organisation of the work process, leads to a deterioration of the crime situation.

For example, on 14.12.2018, the Lepel District Department of the Investigative Committee initiated a criminal case under Part 2 of Article 205 of the Criminal Code of the Republic of Belarus against citizen M., who on 14.12.2018, between 05:20 and 09:40, while intoxicated, gained access to a garage located in the GSPK "Gvardeyets" by prying open the gate, from which he secretly stole a repair kit for thresholds and a repair kit for arches for a "Peugeot 806" vehicle belonging to citizen Zh.

Previously, on 24.05.2018, citizen M. was convicted by the court of Lepel District under Part 1 of Article 205, Part 1 of Article 14, and Part 2 of Article 205 of the Criminal Code of the Republic of Belarus to correctional labour for a term of 1 year with a deduction of 20% from his earnings, but not less than 1 base unit per month (the sentence entered into legal force on 17.07.2018).

On 26.07.2018, the aforementioned sentence was accepted for execution by the Penal Correction Inspectorate of the Lepel District Department of Internal Affairs, whose officers conducted a conversation with citizen M., explained to him the procedure and conditions for serving the sentence, the responsibility for evading the sentence, and, since the convicted person was unemployed, he provided a written undertaking to find employment no later than 15.08.2018. Simultaneously, citizen M. was issued a referral to the Department of Labour, Employment and Social Protection of the Lepel District Executive Committee, based on which, according to the explanations of an employee of the said department and the convicted person himself, he refused employment in Minsk. Official documents regarding citizen M.'s registration and his refusal of employment are absent from his personal file. No other measures aimed at the citizen's employment were taken by the inspectorate.

During the period from 16.10.2018 to 04.12.2018, citizen M. did not visit the Penal Correction Inspectorate of the Lepel District Department of Internal Affairs, and the reasons for his absence were not ascertained by the inspectorate. During the specified period, the convicted person took no measures to find employment. As follows from his explanation dated 04.12.2018, from 16.10.2018, i.e., after his last visit to the inspectorate, until 02.12.2018, he consumed alcoholic beverages.

Within the specified period, no actual measures were taken by the officers of the Penal Correction Inspectorate of the Lepel District Department of Internal Affairs to organise the execution of the court's sentence, other than sending summonses to the convicted person's place of residence.

11.11.2018 The acting head of the Lepel District Department of Internal Affairs considered the specified case of an administrative offence at the premises of the Lepel District Department of Internal Affairs. In accordance with the resolution on an administrative offence, citizen M. was brought to administrative responsibility in the form of a fine of 0.1 base units, amounting to 2 Belarusian rubles and 45 kopecks, which is clearly inconsistent with the citizen's personality.

Concurrently, despite the administrative case being considered at the premises of the District Department of Internal Affairs, citizen M.'s appearance at the criminal and executive inspection was not ensured.

Thus, there was effectively no interaction between the inspection and other services of the Lepel District Department of Internal Affairs in resolving the issue of enforcing the court's sentence against the said citizen. At the time of the inspection, there was no record in his personal file regarding citizen M. being brought to administrative responsibility in November 2018. Numerous facts indicating the need for urgent additional measures against the citizen, who was evading the enforcement of the court's sentence, were ignored by the staff of the Lepel District Department of Internal Affairs.

Citizen M.'s prolonged consumption of alcoholic beverages, coupled with his lack of employment, served as one of the reasons for his recidivist crime. Conditions for this were facilitated (created), including by police officers, due to the failure to carry out the preventive and other work with the convicted person as stipulated by law.

Particular attention should also be paid to the fact that after committing the crime, he was hospitalised in the intensive care unit of the hospital due to prolonged alcohol consumption, and subsequently transferred to the Lepel Regional Psychiatric Hospital. The foregoing is evidence of the convicted person's continued anti-social lifestyle even after his appearance at the Criminal and Executive Inspection of the Lepel District Department of Internal Affairs in December 2018. Therefore, the individual preventive measures taken against him were neither targeted nor effective.

Concurrently, based on the documents available in citizen M.'s personal file, adequate assistance in finding employment was also not provided to him.

As the results of the supervisory activities show, there are significant shortcomings in the organisation of work on the social adaptation (rehabilitation) of persons released from correctional institutions.

Thus, by the decision of the Lepel District Executive Committee dated 20.10.2017 No. 1007, 14 jobs were reserved for 2018 for the employment of citizens released from places of deprivation of liberty. The reservation was communicated to organizations in the Lepel district, regardless of their form of ownership and departmental affiliation.

According to the information from the Department for Labour, Employment and Social Protection of the Lepel District Executive Committee, out of 36 individuals in need of employment within the reserved quota in 2018, 2 citizens applied, and both were employed. One of them resigned due to the commissioning of a facility by KUP "Lepel PMS", the second is currently employed at the "Lepel MKK" branch of OJSC "Vitebsk Meat Processing Plant".

However, the Department for Labour, Employment and Social Protection does not possess information on specific reserved jobs, their qualitative characteristics, or qualification requirements, as employers have not provided such details. No effective measures have been taken by the Department to obtain this information.

The foregoing indicates a lack of proper control over the implementation of the decision of the Lepel District Executive Committee on establishing job reservations for certain categories of citizens for 2018. In terms of employing individuals released from places of deprivation of liberty, this decision is being executed formally (2 out of 14 vacancies were filled, 1 of which is temporary).

Furthermore, the absence of a list of reserved jobs prevents the supervisory commission of the Lepel District Executive Committee and interested departments from providing timely and accurate guidance to convicted individuals on employment within the reserved quota, which leads to a lack of applications to the Department on this matter. Attempts by released individuals to find employment independently are often unsuccessful due to employers' reluctance to hire citizens who have previously committed crimes.

In accordance with paragraph 5 of Article 18 of the Law, internal affairs bodies, within their competence, identify places of illegal production and storage of narcotic drugs, psychotropic substances, their precursors and analogues.

An analysis of the work of the Lepel District Department of Internal Affairs in preventing offenses related to illicit drug trafficking shows that preventive work is limited to identifying citizens who grow flowering plants of the genus "poppy" on their household plots.

The work on identifying and suppressing the cultivation of narcotic-containing and prohibited plants for consumption or sale is not being carried out.

The detection rate of crimes related to illicit drug trafficking has significantly decreased from 13 in 2017 to 2 in 2018. In total, within the scope of the Department for Combating Drug Trafficking and Human Trafficking, the Lepel District Department of Internal Affairs identified only 4 crimes in 2018, which is the worst performance in the last 5 years.
The District Prosecutor's Office paid increased attention to ensuring the safety of citizens, both in the workplace and in everyday life, and took measures for the unconditional compensation of material damage caused by violations of legislation.

Based on the results of prosecutorial supervision over the enforcement of legislation and the legality of legal acts, the District Prosecutor's Office issued 19 submissions, 7 directives, lodged 13 protests, and officially warned 1 person against violating legislation.

At the prosecutor's request, 40 individuals were brought to disciplinary responsibility, 28 individuals to administrative responsibility, and 13 individuals and legal entities were held materially liable. They compensated for the material damage caused through their fault to the state, enterprises, and institutions, and made payments to the budget exceeding 1500 rubles. In the general courts, 57 claims totaling 24586 rubles were filed in the interests of citizens and state enterprises; 49 claims totaling 19791 rubles were reviewed and satisfied. In the economic courts, 7 claims and 4 applications in summary proceedings totaling 283155 rubles were filed in the interests of economic entities; 8 claims totaling 141622 rubles and 3 applications in summary proceedings totaling 77296 rubles were reviewed and satisfied.

A check conducted in the second half of 2018 at the Lepel District Department of Internal Affairs regarding compliance with administrative and administrative-procedural legislation showed that, despite repeated acts of prosecutorial response, violations continue to occur. The collection of evidence and the review of materials are conducted superficially, which undermines the authority of law enforcement agencies in the eyes of citizens.

In the second half of 2018, the District Prosecutor's Office identified violations of legislation on citizens' and legal entities' appeals, legislation on local government and self-government, and the prevention of offenses and crimes.

The Prosecutor's Office of Lepel District has analysed compliance with legislation on local government and self-government in the sphere of regulating entrepreneurial activity and the sale of goods by individual entrepreneurs and other natural persons within the territory of Lepel District.

In accordance with Article 41 of the Law of the Republic of Belarus "On Local Government and Self-Government in the Republic of Belarus" dated 04.01.2010 No. 108-Z, executive committees, within their competence and in the manner established by legislation, represent the interests of the respective administrative-territorial unit in relations with other state bodies, other organisations, and citizens, and also create conditions for providing citizens with communication, catering, trade, and domestic services.

Decisions of the Lepel District Executive Committee dated 18.05.2018 No. 443 and 19.06.2015 No. 575 (with amendments and additions introduced by the decision dated 12.04.2018 No. 342) define the lists of places for the sale of goods and the placement of non-stationary trade facilities in Lepel District.

However, these decisions were made without taking into account the established order of goods sales in the district and the interests of citizens, as a result of which the places for the sale of berries, mushrooms, medicinal plants, and other wild-growing products, traditionally used by citizens for the sale and purchase of the aforementioned goods, were not reflected in them.

Thus, the most popular place where citizens systematically sell mushrooms, berries, and other products provided for by subparagraph 1.5 of paragraph 1 of Decree No. 222 is the mini-market located at the intersection of Chuykov Street in Lepel and the M3 highway. This mini-market is equipped with wooden covered trading places for the sale of various products. In turn, information about this mini-market has not been entered into the trade register of the Republic of Belarus.

The primary reason for the prolonged use of this location by citizens for trade is its convenient position for both vendors and buyers. The high volume of traffic on the M3 highway further enhances the attractiveness of this spot for commerce. Moreover, citizens sell their produce not only during the autumn and spring seasons but also in winter, offering harvested goods and non-food items. This mini-market has been operating for a considerable time, and most citizens assume that the trade is conducted legally. However, inspections carried out by the Lepel Interdistrict Department of Housing and Communal Services have revealed isolated instances of illegal trade in fish and crayfish, while trade in other wild-growing plants (berries, mushrooms, etc.) has not been scrutinized.

The performance of enterprises, institutions, organizations, and their officials in complying with the requirements of the Law of the Republic of Belarus "On Citizens' and Legal Entities' Appeals" and Directive of the President of the Republic of Belarus No. 2 of 27.12.2006 "On Debureaucratization of the State Apparatus and Improving the Quality of Public Services" (as amended on 23.03.2015) is at a satisfactory level.

In 2018, the district prosecutor's office conducted one inspection of compliance with legislation on citizens' appeals, in accordance with the work plan. Based on the results of the inspection and analyses conducted, two submissions were made to the Lepel District Executive Committee, and one official was issued a formal warning.

For instance, during the supervision of the enforcement of legislation on citizens' and legal entities' appeals, the district prosecutor's office identified violations in the activities of state bodies and institutions concerning the non-compliance of website sections and content with legislative requirements.

Following the review of citizens' and legal entities' appeals at the district prosecutor's office in 2018, an official warning was issued to an official.

In 2018, the district prosecutor's office received 81 applications and complaints from citizens (69 in 2017). Of these, 36 (28) were resolved by prosecutors of the district prosecutor's office, 29 (34) were forwarded to other departments; 9 (4) were left without consideration; and 9 (2) were returned.

Out of 29 appeals forwarded to other departments, 11 (8) appeals were sent with control. Complaints were sent to Lepel District Department of Internal Affairs – 9; Lepel District Investigative Committee – 4; Vitebsk Regional Department of the Investigative Committee of the Republic of Belarus – 2; to PU "Chashnikygaz", OJSC "Belagroprombank of Lepel", Lepel District Department of Enforcement Proceedings, Ministry of Defence of the Republic of Belarus, Lepel District Court, Lepel Inter-district Department of the State Committee of Forensic Examinations of the Republic of Belarus, Vitebsk Regional Department of the State Labour Inspectorate – 1 each. 1 complaint was simultaneously sent to KUPP "Borovka" and the RCC of Lepel, 1 complaint was simultaneously sent to Lepel District Executive Committee and Lepel District Department of Internal Affairs, 1 complaint to Lepel District Executive Committee and Lepel Military Commissariat.

The forwarding of citizens' appeals by the district prosecutor's office to the Lepel District Department of Internal Affairs, Lepel District Investigative Committee, and Vitebsk Regional Department of the Investigative Committee of the Republic of Belarus is due to the citizens' lack of awareness regarding the consideration of applications and reports of crimes in accordance with the jurisdiction requirements established by Art. 182 of the Criminal Procedure Code of the Republic of Belarus, and the procedure for filing motions in a criminal case, as well as the desire to give their appeal "increased" importance and relevance. In the vast majority of cases, such appeals are intentionally sent to the prosecutor's office, emphasizing its authority.

The appeals forwarded by the district prosecutor's office to other bodies are related to citizens' ignorance of the jurisdiction for considering appeals.

In 2018, the district prosecutor's office received 73 appeals from economic entities (2017 – 61), of which 63 (53) were resolved, 4 (3) were forwarded to other departments, 0 (1) were left without consideration, and 6 were terminated due to withdrawal.

The analysis of statistical data shows that in 2018, the number of resolved citizens' appeals increased from 28 to 36 (+78%), in particular, the number of applications and complaints regarding supervision of legislation enforcement increased from 6 to 7, including all issues of supervisory activities – administrative responsibility, compliance with laws on minors, and organization of work with citizens' appeals.

At the same time, in 2018, there were no appeals concerning housing and labour legislation. The number of appeals regarding supervision during pre-trial proceedings increased from 13 to 23 (+56%), including the number of appeals against the actions and decisions of inquiry bodies, from 7 to 17 (2.5 times). The number of appeals on other issues also increased from 1 to 3 (3 times). The number of appeals concerning supervision of the legality of court decisions in civil cases, including applications for the prosecutor to file lawsuits (applications) in the interests of individuals, decreased from 8 to 3.

Prosecutor of Lepel District
Junior Justice Counsellor
V.M. Zhigimont