International Sakharov Environmental Institute of Belarusian State University

The basic document on the basis of which anti-corruption activities are organized in our country isLaw of the Republic of Belarus “On Combating Corruption”.

Corruption is considered an important socio-political problem that reduces the rate of economic growth. Crimes committed by officials, especially those with a corruption orientation, cause significant damage to the authority of state authorities, hinder the normal functioning of state authorities and management, as well as the management apparatus of other bodies and organizations, regardless of their ownership forms, and undermine citizens ‘ trust in government structures.

In the Republic of Belarus, a principled position of the state on combating corruption and its criminal manifestations has been formed.

According to article 1Law of the Republic of Belarus “On Combating Corruption” corruption – deliberate use by a state official or a person equated to him or a foreign official of his official position and related opportunities for the purpose of illegally obtaining property or other benefits in the form of work, services, patronage, or promise of benefits for himself or for third parties, as well as bribery of a state official or a person equated to him or a foreign official by providing them with property or other benefits in the form of work, services, patronage, or promise of benefits for them or for third parties in order to, to ensure that this state official or a person equated to him or a foreign official performs actions or refrains from performing them in the performance of their official (labor) duties, as well as performing these actions on behalf of or in the interests of a legal entity, including a foreign one.

In accordance with article 16Law of the Republic of Belarus “On fighting corruption” public official, the person applying for the position of a public officials in order to prevent actions that may result in the use of their official position and related opportunities based on the credibility in personal, group and certain outside interests, give a commitment to compliance with the restrictions laid down in articles 17 and 20 of the Act, and are aware of the legal consequences of a breach of this obligation.

The obligation of a state official, a person applying for the position of a state official, is drawn up in writing by the personnel service of the relevant state body or other organization. Failure to sign such an obligation entails refusal to register as a candidate for the position of a public official, to appoint a public official, or to release a public official from his / her post in accordance with the procedure established by legislative acts.

Officials of the personnel service of the relevant state body or other organization for non-fulfillment of their official duties on the execution of a written obligation of a state official, a person applying for the position of a state official, or untimely familiarization of state officials with the requirements imposed on them, bear disciplinary responsibility in accordance with the procedure established by legislative acts.

Restrictions imposed on State officials and persons equated to them

In article 17The Law of the Republic of Belarus “On Combating Corruption” specifies restrictions imposed on State officials and persons equated to them.

A public official may not::

• engage in entrepreneurial activity personally or through other persons, provide assistance to a spouse, close relatives or relatives in the implementation of entrepreneurial activity, using their official position;
• be a representative of third parties on issues related to the activities of a state body, other organization, employee (employee) of which (which) it is either a subordinate (subordinate) and (or) controlled (controlled) state body or other organization;
• make transactions on behalf of state organizations without the consent of the state bodies (organizations) that they are subordinate to (which they are part of), with legal entities whose property owners or affiliated persons in accordance with the legislative acts on economic companies are their spouse, close relatives or relatives, as well as with individual entrepreneurs who are their spouse, close relatives or relatives, as well as instruct other officials to carry out such transactions without the specified approval;
• make transactions on behalf of organizations in whose authorized funds 50 or more percent of shares (shares) are owned by the state and (or) its administrative-territorial units, in violation of the procedure established by legislative acts on business entities, with legal entities whose property owners or affiliates in accordance with legislative acts on business entities are their spouse, close relatives or relatives, as well as with individual entrepreneurs who are their spouse, close relatives or relatives, as well as instruct other officials to carry out such transactions;
• participate personally or through other persons in the management of a commercial organization, with the exception of cases stipulated by this Law and other legislative acts;
• have accounts with foreign banks, except for cases of performing state functions in foreign countries and other cases established by legislative acts;
• carry out instructions and instructions related to official (labor) activity of a political party or other public association that is a member of it may (with the exception of deputies of the House of Representatives and members of the Council of the Republic of the National Assembly of the Republic of Belarus, deputies of local Councils of Deputies) use their official position in the interests of political parties, religious organizations, other legal entities, as well as individuals, if this is contrary to the interests of the civil service;
• accept property (gifts), with the exception of souvenirs handed out during protocol and other official events, or receive other benefits for yourself or for third parties in the form of work or services in connection with the performance of official (labor) duties;
• travel at the expense of individuals and (or) legal entities, relations with which are included in the issues of their official (labor) activity, with the exception of the following trips: official business trips; at the invitation of a spouse, close relatives or relatives; carried out in accordance with international treaties of the Republic of Belarus or by agreement between state bodies of the Republic of Belarus and bodies of foreign states at the expense of funds of relevant state bodies and (or) international organizations; activities carried out with the consent of a higher-ranking official or a collegial management body for participation in international and foreign scientific, sports, creative and other events at the expense of public associations (foundations), including trips carried out within the framework of the statutory activities of such public associations (foundations) by invitation and at the expense of foreign partners;
• use for off-duty purposes the means of financial, material, technical and informational support, other property of a state body, organization, and information, the distribution and (or) provision of which is restricted, received in the performance of their official (labor) duties.

Civil servants, employees of the Investigative Committee of the Republic of Belarus, the State Committee of Forensic Examinations of the Republic of Belarus, military personnel, ordinary and commanding personnel of internal affairs bodies, emergency situations bodies and divisions, financial investigation bodies of the State Control Committee of the Republic of Belarus, as well as heads, their deputies and chief accountants of state organizations and organizations, in the authorized funds of which 50 or more percent of the shares (shares) are owned by the state and (or) its administrative-territorial units, are not entitled to perform other paid work that is not related to the performance of official (labor) duties at the place of main service (work) (except for teaching (in terms of implementing the content of educational programs), scientific, cultural, creative activities and medical practice), unless otherwise established by the Constitution of the Republic of Belarus and other legislative acts.

A State official is obliged to suspend his / her membership in a political party if, in accordance with the legislation, the performance of state functions is incompatible with belonging to a political party.

The commission of these offenses entails responsibility in accordance with legislative acts.

Persons equated to state officials, the spouse of a state official or a person equated to him, close relatives or relatives who live together and run a common household with a state official or a person equated to him, are not entitled to::

• accept property (gifts), with the exception of souvenirs handed out during protocol and other official events, or receive other benefits for yourself or for third parties in the form of work, services in connection with the performance of official (labor) duties by a state official or a person equated to it;
• travel at the expense of individuals and (or) legal entities, relations with which are included in the issues of official (labor) activity of a state official or equivalent person, with the exception of the following trips: official business trips; at the invitation of a spouse, close relatives or relatives; carried out in accordance with international treaties of the Republic of Belarus or by agreement between state bodies of the Republic of Belarus and bodies of foreign states at the expense of funds of relevant state bodies and (or) international organizations; activities carried out with the consent of a higher-ranking official or a collegial management body for participation in international and foreign scientific, sports, creative and other events at the expense of public associations (foundations), including trips carried out within the framework of the statutory activities of such public associations (foundations) by invitation and at the expense of foreign partners.

Legislative acts may impose other restrictions on State officials and persons equated to them.

Offences that create conditions for corruption

Offences that create conditions for corruption are::

• interference of a state official with the use of his official powers in the activities of other state bodies and other organizations, if this is not included in the scope of his powers and is not based on a legislative act;
• rendering by a public official of undue preference to the interests of individuals or legal entities when preparing and making decisions, or providing them with unjustified benefits and privileges or rendering assistance in providing them;
• use of official position by a state official or a person equated to him / her in resolving issues affecting his / her personal, group and other off-duty interests, if this is not related to official (labor) activity;
• participation of a state official as a representative of third parties in the affairs of a state body or other organization of which he / she is an employee (employee), or a subordinate (subordinate) and (or) controlled (controlled) state body or other organization;
• use by a public official or a person equated to him in the off-duty interests of information, the dissemination and (or) provision of which is restricted, obtained in the performance of his official (labor) duties;
• refusal of a state official or a person equated to him to provide information to individuals or legal entities, the provision of which to these persons is provided for by legislative acts, intentional late provision of it, or provision of incomplete or unreliable information;
• request by a state official or a person equivalent to him from individuals or legal entities for information, including documents, the provision of which is not provided for by legislative acts;
• violation by a state official in the personal, group and other off-duty interests of the procedure established by legislative acts for considering appeals of citizens, including individual entrepreneurs, and legal entities, and making decisions on issues within its competence;
• creation of obstacles for individuals or legal entities in the exercise of their rights and legitimate interests by a state official or a person equivalent to him;
• delegation by a state official of the authority to regulate state business activities or to control them to a person engaged in such activities, if this is not provided for by legislative acts;
• violation of the procedure for conducting tenders, auctions, and procurement procedures established by legislative acts by a state official or a person equivalent to him / her;
• a request by a state official or a person equated to him to provide gratuitous (sponsorship) assistance, as well as a violation by a state official or a person equated to him of the procedure for its provision, receipt and use established by legislative acts.

The commission of these offenses entails liability in accordance with legislative acts.

Corruption offenses

Corruption offenses are::

• extortion of property or other benefits in the form of work, services, patronage, promise of benefits for oneself or for third parties in exchange for any action or omission in the performance of official (labor) duties by a state official or a person equated to it or a foreign official;
• acceptance by a state official or a person equivalent to him or a foreign official of property or other benefits in the form of work, services, patronage, promise of benefits for himself or for third parties in exchange for any action or omission in the performance of official (labor) duties, except for remuneration provided for by law;
• offer or provision of property or other benefits in the form of work, services, patronage, or a promise of benefits to them or to third parties in exchange for any act or omission in the performance of official (labor) duties to a state official or a person equated with him or a foreign official;
• action or omission of a state official or a person equated to him or a foreign official in the performance of official (labor) duties for the purpose of illegally obtaining benefits in the form of work, services, patronage, or the promise of benefits for themselves or for third parties;
• illegal use or intentional concealment of property obtained by a state official or a person equated with him or a foreign official from any activity specified in paragraphs two, three and five;
• acceptance of property (gifts) by a state official or a person equivalent to him or a foreign official, with the exception of souvenirs handed out during protocol and other official events, or receiving other benefits for oneself or for third parties in the form of work or services in connection with the performance of official (labor) duties;
• travel by a state official or equivalent person at the expense of individuals and (or) legal entities, relations with which are included in the issues of their official (labor) activity, with the exception of the following trips: official business trips; at the invitation of a spouse, close relatives or relatives; carried out in accordance with international treaties of the Republic of Belarus or by agreement between state bodies of the Republic of Belarus and bodies of foreign states at the expense of funds of relevant state bodies and (or) international organizations; activities carried out with the consent of a higher-ranking official or a collegial management body for participation in international and foreign scientific, sports, creative and other events at the expense of public associations (foundations), including trips carried out within the framework of the statutory activities of such public associations (foundations) by invitation and at the expense of foreign partners;
• transfer by a state official of budget funds or other property owned by the state or owned by organizations in the authorized funds of which 50 or more percent of the shares (shares) are owned by the state and / or its administrative-territorial units to individuals, as well as non-state organizations, unless this is provided for by legislative acts;
• use by a state official for personal and other off-duty interests of the property provided to him for the performance of state functions, which is in state ownership, if this is not provided for by legislative acts;
• use by a public official of his official powers for the purpose of obtaining a loan, loan, purchase of securities, real estate and other property;
• petty theft of property through abuse of official authority.

The commission of these offenses entails liability in accordance with legislative acts.