Types of liability for violations of anti-corruption legislation

September 16, 2024

The legal basis for anti-corruption activities in the country is the Law of the Republic of Belarus of July 15, 2015 "On Combating Corruption" (hereinafter referred to as the Law).

The Law establishes the legal framework for state policy in the sphere of combating corruption, aimed at protecting the rights and freedoms of citizens, public interests from threats arising from manifestations of corruption, ensuring the effective operation of state bodies, other organizations, public officials and persons equated to them by preventing, detecting, suppressing offenses that create conditions for corruption, and corruption offenses, and eliminating their consequences.

The basis for the occurrence of legal liability is 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.

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

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

The list of corruption crimes is established by the joint resolution of the Prosecutor General's Office, the State Control Committee, the Operational Analytical Center, the Ministry of Internal Affairs, the State Security Committee, and the Investigative Committee of December 27, 2013 No. 43/9/95/571/57/274.

Corruption crimes for which criminal liability arises include:

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

legalization ("laundering") of material assets acquired by criminal means, 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 duties for mercenary or other personal gain (parts 2, 3 of Article 426 of the Criminal Code);

illegal entrepreneurial activity (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 interest (Article 455 of the Criminal Code).

For committing acts of a corrupt nature, administrative liability may arise in accordance with the norms of the Code of Administrative Offenses, for example, under Article 12.18 (violation of the procedure for using budget funds, state extra-budgetary funds), Article 12.27 (violation of requirements for the procedure for procurement of goods (works, services) at the expense of own funds), Article 12.10 (violation of the procedure for procurement of goods (works, services) in construction, Article 24.53 (violation of the procedure for providing and using gratuitous (sponsorship) aid); Article 11.1 (petty theft of property through abuse of official powers, as well as an attempt at such theft) and others.

In addition, a person may be brought to disciplinary liability. The procedure for bringing to disciplinary liability 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. The specifics of disciplinary liability for certain categories of employees may be provided for by law.

In view of the foregoing, the district prosecutor's office draws attention to the need for strict compliance with the requirements of anti-corruption legislation.

Deputy Prosecutor

of Gluboksky District

Junior Justice Counselor Ya.I. Sosnovsky