The Law of the Republic of Belarus of July 15, 2015 “On the Fight Against Corruption” defines the fundamentals of the state anti-corruption policy (hereinafter referred to as the Anti-Corrucption Law, the Law). The Law defines the concepts of corrupt activities and sets out the main provisions on measures and methods for preventing crimes in this area.
According to Article 1 of the Anti-Corruption Law, corruption means:
Conflict of interests
According to Article 1 of the Anti-Corruption Law, a conflict of interest is a situation in which the personal interests of a public official, his spouse, close relatives or in-laws affect, or may affect, the proper performance by a public official of his official (labor) duties under making a decision or participating in making a decision or performing other actions related to the service (work).
Part 1 of Article 21 of the Anti-Corruption Law establishes the duty of a public official to notify in writing his/her head, in whose direct subordination he/she is, of the occurrence of a conflict of interest or the possibility of its occurrence, as soon as he/she becomes aware of it, and has the right in writing form to declare self-withdrawal from decision-making, participation in decision-making or other actions in the service (work) that cause or may cause a conflict of interest. The head may not accept the self-withdrawal declared by the public official and in writing oblige the public official to perform appropriate actions in the service (work).
Responsibility for violation of the Law
The basis for the onset of legal liability is the established fact that a person has committed an offense that creates conditions for corruption (Article 25 of the Law on the Fight against Corruption), a corruption offense (Article 37 of the Law on the Fight against Corruption) or his failure to comply with certain requirements of anti-corruption legislation.
Liability may be criminal, administrative, civil, material and disciplinary.
List of criminally punishable corruption crimes
List of administrative corruption crimes
The commission of corruption offenses and offenses that create conditions for corruption may entail civil liability. For example, auctions conducted in violation of the rules established by law may be declared invalid.
The procedure for bringing to disciplinary responsibility is established by law. For example, the procedure for applying disciplinary measures for disciplinary offenses is determined by Chapter 14 of the Labor Code. In order to ascertain the presence of a corruption offense or an offense that creates conditions for corruption in an act, it is necessary to establish all the signs of the relevant act.
A person who has committed a corruption offense or an offense that creates conditions for corruption may be held financially responsible. The limits of an employee’s liability for violations are established by law, a collective agreement and (or) a contract, an agreement on full liability.
The main goal of the commission is to carry out activities to prevent and detect corruption crimes and conflicts of interest.
In its activities, the commission is guided by the current legislation in the field of combating corruption, as well as the “Methodological recommendations for organizing anti-corruption work in state bodies and organizations“.
The Main Tasks of the Commission