Changes in anti-corruption legislation
In connection with the adoption of the Law of the Republic of Belarus No. 232-Z of December 30, 2022 "On Amendments to Laws on Combating Corruption" (hereinafter referred to as Law No. 232-Z), the main provisions
- additional obligations to comply with anti-corruption restrictions are supplemented by provisions on the need to comply with the procedure for preventing and resolving conflicts of interest, provided for by Art. 21 of Law No. 305-Z (subpara. 2 of para. 8 of Art. 4 of Law No. 232-Z). According to subpara. 12 of Art. 1 of Law No. 305-Z, a conflict of interest is a situation in which the personal interests of a public official, their spouse, close relatives or in-laws influence or may influence the proper performance by the public official of their official (labor) duties when making a decision or participating in decision-making, or performing other official (work) actions. Therefore, Law No. 232-Z provides for the mandatory requirement, when appointing public officials, not only to obtain from them commitments to comply with anti-corruption restrictions, but also to familiarize them with the established procedure for preventing and resolving conflicts of interest. For violations of the procedure for preventing and resolving conflicts of interest, disciplinary responsibility, up to and including dismissal, is established for managers, as well as for other officials (subpara. 3 of para. 31 of Art. 4 of Law No. 232-Z);
- prohibition of spouses, close relatives, or in-laws from working together in certain positions not only in state bodies and organizations, but also in organizations with a controlling interest owned by the state, as well as the use by a state official for non-official purposes of any property of a state body or organization, not only that which was obtained by them in the performance of official duties. At the same time, the specified restriction affects only a narrow circle of subjects (head, his deputies, chief accountant, his deputies, cashier) (para. 2, para. 1, Art. 3 of Law No. 232-Z);
- additional prohibitions and liability for the use by a state official for personal interests of the property provided to him. Currently, liability is provided for the illegal use of only state-owned property. Now it is stipulated that a state official is not entitled to "use for personal and other non-official interests the means of financial, logistical and informational support, other property of a state body, another state organization, an organization in which 50 percent or more of the shares (stakes) in the authorized capital are owned by the state and (or) its administrative-territorial units, provided to a state official for the performance of official (labor) duties...". At the same time, the Council of Ministers is granted the right to regulate the procedure for using official property (para. 7, para. 9, Art. 4 of Law No. 232-Z);
- general grounds for the liability of a legal entity for violation of the requirements of anti-corruption legislation. Paragraph 3 of paragraph 28 of Article 4 of Law No. 232-Z stipulates: "if a natural person, on behalf of or in the interests of a legal entity, including a foreign one, carried out bribery of a state official or a person equated to him, or a foreign official, this legal entity shall be liable in accordance with legislative acts". Currently, such liability is provided for by Art. 24.59 of the Code of Administrative Offenses;
- additional responsibilities for heads of state bodies and other organizations to prevent and detect violations of anti-corruption legislation, eliminate the consequences of violations, and the causes and conditions conducive to them. Law No. 232-Z, in particular, details the responsibilities of heads of state bodies and other organizations in the fight against corruption. Article 43 of Law No. 305-Z provides for the obligation of heads to take measures to combat corruption within their competence. In doing so, the head is obliged to prevent and detect violations of anti-corruption legislation, eliminate the consequences of such violations, and the causes and conditions conducive to them, etc. (para. 31 of Art. 4 of Law No. 232-Z). Along with this, while maintaining the obligation of heads to transfer information related to facts indicating corruption to state bodies engaged in combating corruption, a similar obligation to inform state bodies and organizations is introduced by Law No. 232-Z for the subjects of combating corruption themselves. This will allow heads to promptly receive information regarding subordinates and take measures to prevent offenses, eliminate their causes and conditions. In the event that corrupt acts are committed by persons included in personnel registries or from among the deputy corps, information about this will be sent to the relevant registries or to the relevant representative authorities (para. 7 of Art. 4 of Law No. 232-Z);
- amendments to the procedure for confiscation of property acquired in violation of anti-corruption legislation. As grounds for confiscation (recovery), paragraph 30 of Article 4 of Law No. 232-Z establishes the fact of providing monetary funds or other property to a public official or a person equated to him exclusively as a result of committing a corruption offense and (or) receiving material benefits by him as a result of committing such an offense. The general provision states that "a public official or a person equated to him is obliged to surrender property illegally received by his spouse, close relatives or in-laws to the financial authority at his place of residence within 10 days from the date when the public official or a person equated to him became aware of it, or within the specified period to compensate for its cost, as well as the cost of work and services illegally used by his spouse, close relatives or in-laws, by transferring funds to the republican budget in the manner established by legislative acts";
- new grounds for restricting the appointment and payment of pensions to persons who have committed unlawful acts (Article 1 of Law No. 232-Z);
- improvement of the institution of income and property declaration, aimed at eliminating excessive requirements for this procedure. Thus, persons holding responsible positions or entering public service by election will be able to indicate in their declaration information about the income and property of their minor children without submitting a separate declaration (subparagraph 8 of paragraph 19 of Article 4 of Law No. 232-Z). Cases of chairmen of rural, settlement, city councils of deputies, their deputies submitting identical declarations simultaneously to various organizations are excluded. Law No. 305-Z is supplemented by an article that establishes a list of income and property not subject to mandatory declaration (paragraph 18 of Article 4 of Law No. 232-Z). These include, in particular (subparagraphs 3-15 of paragraph 18 of Article 4 of Law No. 232-Z):
monetary funds owned by persons submitting declarations of income and property, including those placed by them in accounts and (or) deposits in banks of the Republic of Belarus (including interest on them), their withdrawal, as well as transfer from accounts (deposits) in banks of other states to banks of the Republic of Belarus;
digital signs (tokens);
remuneration from the payment amount for goods (works, services) using bank payment cards, remote banking services, including in the form of interest;
goods (works, services) received (performed, rendered) within the scope of advertising distribution and advertising games, if the terms and conditions of their conduct do not contain information about the recipients of such goods (works, services);
funds and (or) goods (works, services) received (performed, rendered) within the scope of advertising distribution and advertising games, promotional campaigns, the amount (value) of each of which does not exceed forty times the basic value (BV) on the date of receipt of such funds and (or) goods (performance of works, provision of services);
income received under bonus, marketing and (or) other similar programs;
discounts from the price (tariff) of goods (works, services);
funds paid (reimbursed) when an employer sends an employee on a business trip, for professional development, retraining, vocational training and internships, including funds paid (reimbursed) by the host party;
commercial loans;
bonds, including coupon or interest income on them, bills of exchange and other securities owned by persons submitting income and property declarations, with the exception of shares in the amount exceeding 15,000 BV on the date of acquisition;
income in the form of gifts, the value (amount) of each of which does not exceed two hundred and fifty times the basic value (BV) on the date of receipt of such a gift;
income from the alienation of property for consideration, the value of which per unit does not exceed forty times the basic value (BV) on the date of alienation of such property.
Deputy Prosecutor
of Verkhnedvinsk District
Junior Counsel of Justice
M.V. Lavdansky
04.04.2023