Inspection carried out

21/03/20180 views

The district prosecutor's office conducted an inspection of compliance with legislation during the enforcement of court decisions and other acts for the recovery of monetary sums in favour of the state and state-owned legal entities, including claims filed by the prosecutor, as well as regarding property confiscation in 2017.

During the inspection, a number of violations of the aforementioned legislation were identified. For instance, bailiffs of the Lepel District Department of Compulsory Enforcement violated the three-day deadline for initiating enforcement proceedings. Violations were also identified concerning the seizure of debtors' pensions, salaries, and equivalent income. Instances of unlawful termination of enforcement proceedings by bailiffs, initiated based on decisions in administrative offence cases due to the debtor's lack of funds and property, were established.

Based on the results of the inspection, a submission was made to the Lepel District Department of Compulsory Enforcement to eliminate violations of legislative requirements in the enforcement of executive documents, as well as the causes and conditions contributing to them. Four protests were filed against bailiffs' decisions to terminate enforcement proceedings initiated based on decisions in administrative offence cases due to the debtor's lack of funds and property. The prosecutor's response measures are under consideration.

A criminal case was heard in an open court session against a resident of Lepel District who intentionally, without valid reasons, evaded conscription for military service.

A criminal case was heard in an open court session concerning a resident of Lepel District who intentionally evaded conscription for military service without valid reasons.

During the preliminary and court investigation, it was established that a native of Chertsy village, being a conscript of the military commissariat of Lepel and Ushachi districts, and having been warned about criminal liability for evading conscription for military service, intentionally evaded conscription for military service during the period from 01.08.2017 to 30.11.2017. Specifically, on 06.10.2017 at 12:00, he personally received a summons to appear at the military commissariat of Lepel and Ushachi districts for a medical examination, but he intentionally and without valid reasons failed to appear at the said military commissariat.

Until the end of the conscription period from August to November 2017, he intentionally failed to appear at the military commissariat without valid reasons, with the aim of evading conscription for military service, which prevented the conscription commission from making a decision on the citizen's fulfillment of military duty, thereby evading conscription for military service.

The court of Lepel District found the native of Chertsy village guilty of committing a crime under Part 1 of Article 435 of the Criminal Code of the Republic of Belarus and sentenced him to a fine payable to the state in the amount of 50 base units, which amounts to 1225 rubles.

The sentence has entered into legal force.

However, it should be remembered that a criminal record for this crime is expunged one year after serving the main and additional punishments. A criminal record can also be removed if a person with a criminal record, after serving the sentence, has proven by their conduct that they lead a law-abiding life, but not earlier than half of the sentence period has elapsed. Since the expungement or removal of a criminal record annuls the legal consequences of criminal liability, a person of conscription age may be called up for military service again.

Trainee in the position of Senior Assistant
Prosecutor of Lepel District
A.S. Rudis