Types of legal liability for violations of anti-corruption legislation

October 1, 2024

The grounds for legal liability are the established fact of an individual committing an offense that creates conditions for corruption, a corruption offense, or failure to comply with certain requirements of anti-corruption legislation.

 This legal liability is established by the Criminal Code of the Republic of Belarus, the Code of the Republic of Belarus on Administrative Offenses, the Labor Code of the Republic of Belarus, and other legislative acts.

Liability can be criminal, administrative, civil, material, and disciplinary.

The list of corruption offenses currently includes 10 types of offenses. Criminal liability arises for the commission of the following corruption offenses:

embezzlement by abuse of official powers (Article 210 of the Criminal Code);

legalization ("laundering") of proceeds of crime committed by an official using their official powers (Parts 2, 3 of Article 235 of the Criminal Code);

abuse of power or official position for mercenary or other personal gain (Parts 2, 3 of Article 424 of the Criminal Code);

inaction of an official for mercenary or other personal gain (Parts 2, 3 of Article 425 of the Criminal Code);

exceeding power or official powers for mercenary or other personal gain (Parts 2, 3 of Article 426 of the Criminal Code);

illegal participation in entrepreneurial activities (Article 429 of the Criminal Code);

receiving a bribe (Article 430 of the Criminal Code);

giving a bribe (Article 431 of the Criminal Code);

bribery mediation (Article 432 of the Criminal Code);

abuse of power, exceeding power, or inaction of power committed for mercenary or other personal gain (Article 455 of the Criminal Code).

Administrative liability may arise for committing acts of a corruption nature in accordance with the norms of the Code of Administrative Offenses, for example, under Article 12.8 (violation of the procedure for using budget funds, state non-budgetary funds), Article 12.9 (violation of the procedure for public procurement of goods (works, services)), Article 24.53. (violation of the procedure for provision and use

free (sponsorship) assistance); Article 11.1 (petty theft of property by abuse of official powers, as well as an attempt at such theft) and others.

In addition, a person may be held liable for disciplinary offenses. The procedure for bringing to disciplinary responsibility is established by law. For example, the procedure for applying disciplinary measures for disciplinary offenses is defined by Chapter 14 of the Labor Code of the Republic of Belarus. Peculiarities of disciplinary responsibility of certain categories of employees may be provided for by law.

 

 

Prosecutor of Gluboksky District                                                V.M. Dailidenok