Responsibility for corruption offenses that facilitate corruption

The primary means of combating offenses and ensuring lawful behavior is legal responsibility. In accordance with Article 2 of the Law "On Combating Corruption" (hereinafter - the Law), responsibility for offenses creating conditions for corruption and corruption offenses is established by the Code of the Republic of Belarus on Administrative Offenses, the Criminal Code of the Republic of Belarus, and other legislative acts.

Corruption is understood as the intentional use by a public official or a person equated to them, or a foreign official, of their official position and the associated 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, as well as the bribery of a public 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 public official or a person equated to them, or a foreign official, performs actions or refrains 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.

Article 25 of the Law identifies the following offenses creating conditions for corruption:

- interference by a public official in the activities of other officials, legal entities, and individual entrepreneurs, if this is not within the scope of their authority and is not based on a legislative act;

- granting by a public official, when preparing and making decisions, of unlawful preference to the interests of individuals or legal entities or providing them with unjustified benefits and privileges or assisting in their provision;

- use by a public official or a person equated to them of their official position when resolving issues affecting their personal, group, and other non-official interests, if this is not related to official (labor) activities and others.

In turn, Article 37 of the Law defines a list of corruption offenses (extortion by a public official or a person equated to them, or a foreign official, of property or other benefits in the form of work, services, patronage, or promises of advantages for themselves or for third parties in exchange for any action or inaction in the performance of official (labor) duties; illegal use or intentional concealment of property obtained by a public official or a person equated to them, or a foreign official, from any activity; theft, including petty theft, through abuse of official powers, etc.)

The most dangerous and widespread manifestation of corruption is bribery.

According to criminal legislation, receiving a bribe is the acceptance by an official for themselves or for close relatives of material values or the acquisition of property-related benefits provided exclusively in connection with their official position, for patronage or connivance in service, favorable resolution of issues within their competence, or for performing or not performing in the interests of the briber or the persons they represent any action that this person should have or could have performed using their official powers.

For receiving a bribe by an official, criminal liability is provided under Part 1 of Article 430 of the Criminal Code of the Republic of Belarus, and in the case of committing the specified actions repeatedly or by extortion, or by a group of persons by prior agreement, or in a large amount – under Part 2 of Article 430 of the Criminal Code of the Republic of Belarus.

The crime provided for in Part 2 of Article 430 of the Criminal Code of the Republic of Belarus belongs to the category of serious crimes. The sanction of this article provides for punishment in the form of imprisonment for up to ten years with a fine and deprivation of the right to hold certain positions or engage in certain activities.

Heads of state bodies and other organizations within their competence are obliged to:

- take measures established by the Law and other legislative acts aimed at combating corruption, including preventing and detecting violations of legislation on combating corruption, eliminating the consequences that have arisen as a result of such violations, and addressing the causes and conditions contributing to them;

- hold accountable individuals who have committed offenses creating conditions for corruption or corruption offenses, as well as those who have violated the written obligation provided for by the Law, to disciplinary responsibility up to dismissal from the position held (termination) in the manner established by legislative acts;

- inform state bodies engaged in combating corruption about the facts of offenses committed by subordinate employees creating conditions for corruption or corruption offenses.

Heads of state bodies and other organizations who have not fulfilled or have not fully fulfilled the requirements established by legislation, as well as those who have not provided information requested by state bodies engaged in combating corruption and necessary for the performance of their functions, shall be liable in accordance with legislative acts.

Senior Assistant Prosecutor

Braslav District                                                                          E.S. Isakova