Organization of anti-corruption activities in state bodies and organizations
The prosecutor's offices occupy a special position in the system of bodies combating corruption in the Republic of Belarus. One of the key tasks of the prosecutor's offices is to exercise state oversight over the precise and uniform implementation of legislation in the field of combating corruption.
The foundations of the state anti-corruption policy are defined by the Law of the Republic of Belarus of 15.07.2015 "On Combating Corruption" (hereinafter referred to as the Law on Combating Corruption).
According to Article 1 of the Law on Combating Corruption, corruption is understood as:
intentional use by a state official or a person equated to them, or a foreign official, of their official position and related opportunities for the unlawful acquisition of property or other benefits in the form of work, services, patronage, or promises of advantages for themselves or for third parties;
bribery of a state official or a person equated to them, or a foreign official, by providing them with property or other benefits in the form of work, services, patronage, or promises of advantages for them or for third parties, so that this state official or a person equated to them, or a foreign official, would perform actions or refrain from performing them in the execution of their official (labor) duties, as well as the commission of the specified actions on behalf of or in the interests of a legal entity, including a foreign one.
The fight against corruption is carried out by state authorities and other organizations through the comprehensive application of measures provided for in Article 5 of the Law on Combating Corruption.
According to Article 9 of the Law on Combating Corruption, state authorities and other organizations participate in the fight against corruption within their competence in accordance with legislative acts.
The specific list of implemented measures is determined by state authorities and other organizations independently, based on the specifics of their activities and the functions they perform, as well as the assessment of corruption risks. At the same time, these measures must not contradict the legislation and impose restrictions on the employees of the organization and other persons that are not provided for by legislative acts.
Under Article 43 of the Law on Combating Corruption, the heads of state authorities and other organizations within their competence are obliged to:
take the measures established by law aimed at combating corruption;
hold accountable individuals who have committed offenses that create conditions for corruption or corruption-related offenses, as well as those who have violated written obligations to comply with restrictions provided for by the Law on Combating Corruption, up to disciplinary action, including dismissal from their position (termination) in the manner established by legislative acts;
inform state authorities engaged in combating corruption about the facts of offenses committed by subordinate employees that create conditions for corruption or corruption-related offenses within ten days from the moment they became aware of such offenses.
Anti-corruption measures are implemented in republican state management bodies and other state organizations subordinate to the Government of the Republic of Belarus, regional, Minsk city, urban, and district executive committees, local administrations of districts in cities through the creation and activities of anti-corruption commissions in the manner defined by the resolution of the Council of Ministers of the Republic of Belarus of 26.12.2011 No. 1732 "On Approval of the Model Regulation on the Anti-Corruption Commission" (hereinafter referred to as the Model Regulation on the Anti-Corruption Commission).
The obligation to head the anti-corruption commission (hereinafter referred to as the commission) is assigned to the head of the relevant state authority or organization.
The main tasks of the commission are:
accumulation of information about violations of anti-corruption legislation committed by employees of the state authority (organization), as well as subordinate (included in the system, composition) organizations, including those of non-state ownership (hereinafter referred to as subordinate organizations);
summarizing and analyzing incoming information, including from state authorities engaged in combating corruption, about violations of anti-corruption legislation by employees of the state authority (organization), subordinate organizations;
timely identification of corruption risks and taking measures to neutralize them;
development and organization of events to combat corruption in the state authority (organization), subordinate organizations, analysis of the effectiveness of the measures taken;
coordination of the activities of structural divisions of the state authority (organization), subordinate organizations in implementing measures to combat corruption;
interaction with state authorities engaged in combating corruption, public associations, and other organizations on issues of combating corruption;
consideration of issues of preventing and regulating conflicts of interest;
consideration of issues of compliance with the ethics of civil servants (corporate ethics);
taking measures to eliminate the consequences of corruption offenses, offenses that create conditions for corruption, and other violations of anti-corruption legislation.
Senior Assistant Prosecutor
Braslav District I.E. Chernyak
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