On the clarification of anti-corruption legislation

September 16, 2024

Currently, special attention is paid in the Republic of Belarus to the issues of combating corruption and preventing all its manifestations.

In accordance with Article 5 of the Law of the Republic of Belarus of July 15, 2015 No. 305-Z "On Combating Corruption" (hereinafter referred to as the Law), combating corruption is carried out by state bodies and other organizations through the comprehensive application of planning and coordination of activities of state bodies and other organizations to combat corruption, as well as the establishment of restrictions and special requirements aimed at ensuring financial control over public officials and persons equated to them, in order to prevent manifestations of corruption and their detection.

At the same time, according to Article 17 of the Law, heads, their deputies, and chief accountants of state organizations and organizations in which 50 percent or more of the charter capital (shares) are owned by the state and (or) its administrative-territorial units are not entitled to perform other paid work not related to the performance of official (labor) duties at their primary place of service (work) (except for pedagogical (in terms of implementing educational program content), scientific, cultural, creative activities, and medical practice), unless otherwise established by the Constitution of the Republic of Belarus and other legislative acts.

Part 1 and Part 5 of Article 40 of the Law stipulate, in particular, that funds provided in violation of anti-corruption legislation and received into the bank account of a public official or a person equated to them shall be transferred by them to the republican budget within ten days from the date when the public official or a person equated to them became aware of this.

In the event that a public official or a person equated to them refuses to voluntarily surrender illegally obtained funds, they shall be recovered for the benefit of the state based on a court decision upon the claim of state bodies engaged in combating corruption.

It should be understood that prosecutor's offices, which continuously conduct checks on anti-corruption legislation, are also among such bodies.

In light of the foregoing, I draw the special attention of the aforementioned persons to the need for strict compliance with the requirements of the Law.

Deputy Prosecutor

Gluboksky District Ya.I. Sosnovsky