According to Article 1 of the Law of the Republic of Belarus "On Combating Corruption" dated 15.07.2015 No. 305-Z (hereinafter referred to as the Law), corruption is the intentional use by a public official or a person equivalent to him or a foreign official of his official position and the opportunities associated with it for the purpose of illegally obtaining property or other benefits in the form of work, services, patronage, promise of an advantage for himself or herself or for third parties, as well as bribery of a public official or a person equivalent to him or a foreign official by providing them with property or other benefits in the form of work, services, patronage, promise of an advantage for them or for third parties so that this public official or a person equivalent to him or a foreign official would perform actions or refrain from performing them in the performance of their official (labor) duties, as well as the performance of the said actions on behalf of or in the interests of a legal entity, including a foreign one.
In accordance with Article 16 of the Law, a public official, a person applying for the position of a public official, in order to prevent actions that may lead to them using their official position and the opportunities associated with it and the authority based on it
for personal, group and other non-official interests, give an obligation to comply with the restrictions established by Articles 17 - 20 of the Law, as well as the procedure for preventing and resolving a conflict of interest provided for in Article 21 of the Law, and are informed of the legal consequences of failure to fulfill such an obligation.
The commitment of a public official, a person applying for the position of a public official, shall be drawn up in writing by the personnel department of the relevant state body or other organization. Failure to sign such a commitment shall entail a refusal to register as a candidate for the position of a public official, to appoint to the position of a public official, or the dismissal of the public official from the position held in the manner established by legislative acts.
In the event of a change in the official position of a public official that affects the scope of the restrictions imposed on him by this Law, this person shall be given a new obligation.
Officials of the personnel service of the relevant government agency or other organization shall bear disciplinary liability in the manner established by legislative acts for failure to fulfill their official duties to prepare a written commitment of a government official or a person applying for the position of a government official, or for failure to promptly familiarize government officials with the requirements imposed on them.
Restrictions imposed on government officials and persons equivalent to them
Article 17 of the Law specifies the restrictions established for government officials and persons equivalent to them.
A public official shall not have the right to:
- engage in entrepreneurial activity personally or through other persons, provide assistance to a spouse, close relatives or in-laws in the implementation of entrepreneurial activity, using official position;
- to be a representative of third parties on issues related to the activities of a government agency or other organization of which he/she is an employee, or of a government agency or other organization subordinate to him/her and/or controlled by him/her;
- to carry out, on behalf of state organizations, without the consent of the state bodies (organizations) to which they are subordinate (under whose jurisdiction) (of which they are a part), transactions with legal entities whose property owners or affiliates, in accordance with legislative acts on business entities, are his spouse, close relatives or in-laws, as well as with individual entrepreneurs who are his spouse, close relatives or in-laws, and also to entrust the execution of such transactions to other officials without the said consent;
- to carry out, on behalf of organizations in whose authorized capital 50 or more percent of shares (stocks) are owned by the state and (or) its administrative-territorial units, in violation of the procedure established by legislative acts on business entities, transactions with legal entities whose property owners or affiliated persons, in accordance with legislative acts on business entities, are his spouse, close relatives or in-laws, as well as with individual entrepreneurs who are his spouse, close relatives or in-laws, and also to entrust the execution of such transactions to other officials;
- participate personally or through other persons in the management of a commercial organization, except in cases provided for by the Law, other legislative acts and resolutions of the Council of Ministers of the Republic of Belarus;
- have accounts in foreign banks, except in cases of performing state functions in foreign countries and other cases established by legislative acts;
- carry out instructions and orders related to official (labor) activities of a political party or other public association of which he/she is a member (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 official position in the interests of political parties, religious organizations, other legal entities, as well as individuals, if this is at odds with the interests of civil service;
- accept property in connection with the performance of official (labor) duties, property or receive other benefits in the form of work or services for oneself or third parties, except for the cases provided for in part seven of this article;
- to travel at the expense of individuals and/or legal entities, relations with which are part of his/her official (labor) activities, with the exception of the following trips: business trips; at the invitation of a spouse, close relatives or in-laws; 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 the relevant state bodies and/or international organizations; carried out with the consent of a superior official or collegial governing 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) at the invitation and at the expense of foreign partners; - use in personal and other non-official interests the financial, logistical and informational support resources, other property of a state body, another state organization, an organization in whose authorized capital 50 or more percent of shares (stocks) are owned by the state and (or) its administrative-territorial units, provided to a state official for the performance of official (labor) duties, with the exception of cases stipulated by legislative acts and resolutions of the Council of Ministers of the Republic of Belarus, as well as information received in the performance of official (labor) duties, the dissemination and (or) provision of which is restricted.
Civil servants, employees of the Investigative Committee, the State Forensic Examination Committee, military personnel, rank-and-file and commanding officers of the internal affairs agencies, emergency response agencies and units, financial investigation agencies of the State Control Committee, as well as heads, their deputies and chief accountants of state organizations and organizations in whose authorized capital 50 or more percent of shares (stocks) are owned by the state and (or) its administrative-territorial units, shall not have the right to perform other paid work that is not related to the performance of official (labor) duties at the place of primary service (work) (except for pedagogical (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 public official is obliged to suspend his membership in a political party if, in accordance with the law, the performance of public functions is incompatible with membership in a political party.
A public official who violates a written obligation to comply with the restrictions established by parts one through three and six of this article shall be held liable in accordance with legislative acts.
Persons equal to government officials, spouses, close relatives or relatives in-law of a government official or a person equal to him/her do not have the right to:
- accept, in connection with the performance of official (labor) duties by a state official or a person equivalent to him, property or receive other benefits in the form of work or services for himself or third parties, except for the cases provided for in part seven of this article;
- to carry out trips at the expense of individuals and (or) legal entities, relations with which are part of the official (labor) activities of a government official or a person equal to him, with the exception of the following trips: business trips; at the invitation of a spouse, close relatives or in-laws; 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 the relevant state bodies and (or) international organizations; carried out with the consent of a superior official or collegial governing 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) at the invitation and at the expense of foreign partners.
Legislative acts may establish other restrictions for government officials and persons equivalent to them.
Offences that create conditions for corruption
Offences that create conditions for corruption are:
- interference by a public official in the activities of officials, legal entities and individual entrepreneurs, if this is not within the scope of his powers and is not based on a legislative act;
- the provision by a public official, when preparing and making decisions, of unlawful preference for the interests of individuals or legal entities, or the provision of unjustified benefits and privileges to them, or the provision of assistance in their provision;
- the use by a government official or a person equivalent to him of his official position in resolving issues affecting his personal, group and other non-official interests, if this is not related to official (labor) activities;
- participation of a public official as a representative of third parties in the affairs of a government agency or other organization of which he is an employee, or of a government agency or other organization subordinate to him and/or controlled by him;
- the use by a government official or a person equivalent to him, in personal or other non-official interests, of information, the dissemination and/or provision of which is restricted, obtained in the performance of his official (labor) duties;
- refusal by a government official or a person equivalent to him to provide information to individuals or legal entities, the provision of which to these persons is stipulated by legislative acts, intentional untimely provision of such information or provision of incomplete or inaccurate information;
- a demand by a government 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 public official in personal, group or other non-official interests of the procedure established by legislative acts for considering appeals from citizens, including individual entrepreneurs, and legal entities and making decisions on issues within his competence;
- the creation by a government official or a person equivalent to him of obstacles to individuals or legal entities in the exercise of their rights and legitimate interests;
- delegation by a government official of powers for state regulation of entrepreneurial activity or control over it to a person carrying out such activity, unless this is provided for by legislative acts;
- violation by a government official or a person equivalent to him of the procedure for holding competitions, auctions, and procurement procedures established by legislative acts;
- a demand by a government official or a person equivalent to him for the provision of gratuitous (sponsorship) assistance, as well as a violation by a government official or a person equivalent to him of the procedure for its provision, receipt and use, established by legislative acts.
Committing the specified offenses entails liability in accordance with legislative acts.
Corruption offences
Corruption offences include:
- extortion by a government official or a person equivalent to him or a foreign official of property or other benefit in the form of work, services, patronage, or promise of an advantage for oneself or for third parties in exchange for any action or inaction in the performance of official (labor) duties;
- acceptance by a government official or a person equivalent to him or a foreign official of property or other benefit in the form of work, services, patronage, or a promise of an advantage for oneself or for third parties in exchange for any action or inaction in the performance of official (labor) duties, except for the remuneration provided for by law;
- offering or providing to a government official or a person equivalent to him or a foreign official property or other benefit in the form of work, service, patronage, or a promise of an advantage for them or for third parties in exchange for any action or inaction in the performance of official (labor) duties;
- an action or inaction of a government official or a person equivalent 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 an advantage for oneself or for third parties;
- the illegal use or intentional concealment of property received by a public official or a person equivalent to him or a foreign official from any activity specified in paragraphs two, three, five and twelve;
- acceptance by a state official or a person equivalent to him or a foreign official in connection with the performance of official (labor) duties of property or the receipt of other benefits in the form of work or services for himself or third parties, with the exception of cases provided for in part seven of Article 17 of the Law;
- the implementation of a trip by a state official or a person equal to him at the expense of individuals and (or) legal entities, relations with which are part of his official (labor) activities, with the exception of the following trips: business trips; at the invitation of a spouse, close relatives or in-laws; 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 the relevant state bodies and (or) international organizations; carried out with the consent of a superior official or a collegial governing 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) at the invitation and at the expense of foreign partners;
- the transfer by a government official to individuals, as well as non-governmental organizations, of budgetary funds or other property owned by the state or by organizations in whose authorized capital 50 or more percent of shares (stocks) are owned by the state and (or) its administrative-territorial units, unless this is provided for by legislative acts;
- the use by a public official in personal and other non-official interests of the property of a state body, another state organization, an organization in whose authorized capital 50 or more percent of shares (stocks) are owned by the state and (or) its administrative-territorial units, provided to him for the performance of official (labor) duties, unless this is provided for by legislative acts and resolutions of the Council of Ministers of the Republic of Belarus;
- the use by a public official of his official powers for the purpose of obtaining a loan, credit, or the acquisition of securities, real estate, or other property;
- theft, including petty theft, through abuse of official powers.
Committing the specified offenses entails liability in accordance with legislative acts.
