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THE CODE OF THE REPUBLIC OF BELARUS ABOUT ADMINISTRATIVE OFFENCES

of January 6, 2021 No. 91-Z

Accepted by the House of Representatives on December 18, 2020

Approved by Council of the Republic on December 18, 2020

General part

Section I. General provisions

Chapter 1. The code of the Republic of Belarus about administrative offenses. Its tasks and principles

Article 1.1. The code of the Republic of Belarus about administrative offenses *

1. The code of the Republic of Belarus about administrative offenses is based on the Constitution of the Republic of Belarus, the conventional principles of international law and regulations of international treaties of the Republic of Belarus, other international legal acts containing obligations of the Republic of Belarus national traditions, social and cultural values of the Belarusian people and determines:

1) acts which are administrative offenses;

2) bases and conditions of the administrative responsibility;

3) administrative punishments and preventive corrective actions which can be applied to the physical persons who made administrative offenses and the legal entities who are subject to the administrative responsibility according to this Code.

2. This Code is the single law on administrative offenses existing in the territory of the Republic of Belarus. The regulations of other legal acts providing the administrative responsibility are component of the legislation on administrative offenses, are subject to application taking into account provisions of this Code and to inclusion in it.

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* Articles in this Code are designated by several Arab figures divided by points. Figures to point designate chapter number, and after point - sequence number of Article within the chapter; parts of Articles and notes (except for having one part) are numbered by the Arab figures with point, Items of parts of Articles - the Arab figures with bracket.

Article 1.2. Tasks and the principles of the Code of the Republic of Belarus about administrative offenses

1. Tasks of the Code of the Republic of Belarus about administrative offenses are protection of life, health, the rights, freedoms and legitimate interests of physical persons, interests of society and state, the rights and legitimate interests of legal entities (further if other is not established, - the protected interests), and also the prevention of administrative offenses.

2. The court, bodies conducting administrative process realize the actions directed on within the competence:

1) the warning (prevention) of administrative offenses, including identification and elimination of the reasons and conditions promoting making of administrative offenses;

2) increase in sense of justice and legal culture of physical persons, their education in the spirit of the observance of this Code and other acts of the legislation, international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus, respect of national traditions, social and cultural values of the Belarusian people, the rights and freedoms of other persons.

3. This Code is based on the principles of legality, justice, humanity, equality before the law, and also guilty responsibility of physical persons.

Article 1.3. Principle of legality

1. Involvement of physical persons and legal entities to the administrative responsibility and release them from the administrative responsibility, imposing on them administrative punishments, application concerning them preventive corrective actions are performed precisely under the resolution (except for the oral note) vessels, the body conducting administrative process and based on provisions of this Code.

2. Provisions of this Code are not subject to extensive interpretation. Their application by analogy is not allowed.

Article 1.4. Concept of justice

1. The administrative responsibility shall be fair. Administrative punishments, preventive corrective actions shall be established and be applied taking into account nature and harmful effects of committed administrative offense, and also circumstances of its making. Nobody can be twice brought to the administrative responsibility for the same administrative offense.

2. Administrative punishment can be imposed in the absence of good causes of application of preventive corrective actions and there shall be proportional weights of committed administrative offense and answer the purpose of its imposing.

3. To the physical person who made administrative offense the administrative punishment (preventive corrective action is applied) necessary and sufficient for his education shall be appointed.

4. The administrative responsibility of the legal entity can come in the cases provided by this Code when responsibility of the guilty worker of this legal entity, proceeding from tasks and the principles of this Code, is insufficient in view of causing by administrative offense of considerable harm to the protected interests. For this purpose this Code determines the corresponding bases and conditions of the administrative responsibility of the legal entity.

5. The administrative punishment imposed on the legal entity and the individual entrepreneur has the purposes no reduction to economic insolvency (bankruptcy), damnification of their goodwill.

Article 1.5. Principle of humanity

1. The administrative responsibility shall be humane. Imposing of administrative punishment on the physical person who made administrative offense has the purposes no humiliation of its human dignity, causing to it physical or moral sufferings.

2. Administrative punishments, and also the preventive corrective actions applied concerning minors shall not do harm to their health and intellectual development.

Article 1.6. Principle of equality before the law

1. The physical persons who made administrative offenses are equal before the law and the relations to religion, belonging to public associations, and also from other circumstances are subject to the administrative responsibility irrespective of their floor, race, nationality, language, origin, nationality, property and official capacity, the residence or the place of stay, beliefs.

2. Legal entities in case of administrative prosecution are equal before the law and the locations, legal form, subordination and other circumstances caused by features of their creation and the performed activities are subject to the administrative responsibility irrespective of pattern of ownership.

Article 1.7. Principle of guilty responsibility of physical person

The physical person is subject to the administrative responsibility only for those administrative offenses concerning which his guilt is ascertained.

Article 1.8. Operation of the Code of the Republic of Belarus about administrative offenses in space

1. Are subject to the administrative responsibility according to this Code the physical person or legal entity which made administrative offense in the territory of the Republic of Belarus and also the physical person who made administrative offense on:

1) the vessel floating under National flag of the Republic of Belarus, being outside internal waters of the Republic of Belarus;

2) the aircraft registered in the Republic of Belarus, which is in airspace outside the Republic of Belarus;

3) the warship or the military aircraft of the Republic of Belarus irrespective of the place of their stay;

4) the territories of official representation of the Republic of Belarus to which the administrative jurisdiction of the Republic of Belarus extends.

2. The foreign citizens and stateless persons who are in the territory of the Republic of Belarus, foreign legal entities are subject to the administrative responsibility in accordance with general practice with citizens of the Republic of Belarus and legal entities of the Republic of Belarus.

3. The question of responsibility for the administrative offense made in the territory of the Republic of Belarus by the foreign citizen who according to international treaties of the Republic of Belarus uses immunity from administrative jurisdiction of the Republic of Belarus is allowed in the diplomatic way.

4. The citizen of the Republic of Belarus and the person without citizenship who are constantly living in the Republic of Belarus, made administrative offenses out of its limits are subject to responsibility according to this Code if the acts made by them are recognized in the Republic of Belarus as administrative offenses and are punishable in the state in the territory of which they were made and if these persons were not made responsible in this state. In such cases administrative punishment is imposed on person according to the sanction, but not above the upper limit provided by the law of the state in the territory of which the offense was made.

Article 1.9. Operation of the Code of the Republic of Belarus about administrative offenses in time

1. Illegality of act and the administrative responsibility are determined by the act of the legislation existing during making of this act. Time of its making time of implementation of illegal action (failure to act) irrespective of time of approach of effects is recognized.

2. The act of the legislation has retroactive force, that is extends to person who made administrative offense to the introduction of such act of the legislation in force and concerning whom the resolution on imposing of administrative punishment or application of preventive corrective actions is not performed, in cases when it:

1) is eliminated by illegality of the corresponding act. From the date of entry into force of such act of the legislation the act made until the introduction of this act in force is not administrative offense;

Mitigates 2) or cancels the administrative responsibility;

3) is improved otherwise by provision of person who made administrative offense.

3. The act of the legislation establishing illegality of act, strengthening responsibility, otherwise worsening situation of person who made administrative offense has no retroactive force.

Article 1.10. Explanation of separate terms of the Code of the Republic of Belarus about administrative offenses

1. For the purposes of uniform and exact application of the terms used in this Code their following determinations are accepted if other does not follow from content of this Code:

1) harm - harm of life or to health either property or moral harm, subject to cash measurement;

2) group of persons - two and more physical persons jointly participating in making of administrative offense as contractors;

3) the official - the physical person, is permanent, temporary or on special power carrying out organizational and administrative or administrative functions in the organizations, Armed Forces of the Republic of Belarus, other troops and military forming or authorized in accordance with the established procedure by the organizations, Armed Forces of the Republic of Belarus, other troops and military forming on making of legally significant actions, and also the government employee having the right within the competence to make orders or orders and to make decisions concerning persons who are not subordinated to it on service;

4) obviously - the sign specifying that the legally significant circumstances provided by this Code are known to the physical person making administrative offense;

5) the individual entrepreneur - the physical person performing business activity without formation of legal entity and registered in accordance with the established procedure;

6) person replacing parents - the guardian, the custodian;

7) the juvenile - physical person which on the date of making of administrative offense did not reach age of fourteen years;

8) the insignificant extent of damage - the extent of damage on the amount up to forty basic sizes;

9) the minor - physical person which on the date of making of administrative offense did not reach age of eighteen years;

10) the body conducting administrative process, - the state body within the competence considering and resolving case on administrative offense, the official of state body (the state organization) within the competence constituting the protocol on administrative offense and running preparation business on administrative offense to consideration, imposing the administrative punishment applying preventive corrective actions;

11) attempt of making of administrative offense - the intentional action of physical person which is directly directed to making of administrative offense if at the same time it was not finished on the circumstances which are not depending on this person;

12) the sanction - the type, the size and term of administrative punishment established for making of administrative offense by the relevant article (part of Article if Article consists of several parts) the Special part of this Code;

13) court - the court considering and resolving cases on administrative offenses formed in the procedure established by legal acts;

14) the physical person - the citizen of the Republic of Belarus, the foreign citizen or the stateless person if other is not provided by this Code.

2. The terms "administrative process", "close relatives", "case on administrative offense", "resolution", "family members" applied in this Code have the values determined by the Procedural and executive code of the Republic of Belarus about administrative offenses (further - ПИКоАП).

Section II. Administrative offense. Administrative responsibility

Chapter 2. Administrative offense

Article 2.1. Concept of administrative offense

1. Administrative offense illegal guilty act (action or failure to act) of physical person, and equally illegal act of the legal entity for which making the administrative responsibility is established is recognized.

2. The administrative responsibility of physical person comes if in committed act there is no actus reus.

3. The administrative responsibility for attempt of making of administrative offense comes in the cases which are directly provided by the Special part of this Code.

Article 2.2. Categories of administrative offenses

1. Depending on nature and degree of public harm administrative offenses are subdivided on:

1) administrative offenses;

2) considerable administrative offenses;

3) rough administrative offenses.

2. Administrative offenses for which making imposing of administrative punishment in the form of penalty in the amount of, not exceeding is provided belong to administrative offenses:

1) for physical person - ten basic sizes;

2) for the individual entrepreneur - twenty five basic sizes;

3) for the legal entity - fifty basic sizes.

3. Administrative offenses for which making imposing of administrative punishment in the form of confiscation, deportations, penalty in the amount of, determined in the percentage or multiple relation to the cost of subject of committed administrative offense, the amount of damage, revenues, transactions, the foreign trade transaction or the income, difference between the actual revenue received from sales of goods (works, services), and settlement size of proceeds from sales of goods (works, services), or in the amount of, exceeding is provided belong to considerable:

1) for physical person - ten basic sizes;

2) for the individual entrepreneur - twenty five basic sizes;

3) for the legal entity - fifty basic sizes.

4. Administrative offenses for which making imposing of administrative punishment in the form of social jobs is provided, administrative detention, deprivation of the right to be engaged in certain activities belong to rough, and also repeated making of which attracts criminal liability.

Article 2.3. Wine and its forms

1. Wine - the mental relation of physical person to the illegal act made by it expressed in the form of intention or imprudence. Guilty only the responsible physical person can be found of making of administrative offense.

2. The administrative offense is recognized committed intentionally if the physical person which made it understood illegality of the act, expected its harmful effects and wished or consciously allowed approach of these effects or was indifferent to them.

3. The administrative offense is recognized committed on imprudence if the physical person which made it expected possibility of approach of harmful effects of the act, but without good causes thoughtlessly expected their prevention or did not expect possibility of approach of such effects though it in case of necessary attentiveness and foresight shall and could expect them.

4. The fault form when making the administrative offense which is not connected with approach of harmful effects is established on the relation of physical person to committed illegal act.

Article 2.4. Frequency and set of administrative offenses

1. Frequency of administrative offenses making of two or more offenses provided by the same Article of the Special part of this Code or its part is recognized (when Article consists of parts).

2. Frequency of administrative offenses is absent if for earlier made offense:

1) person was exempted from the administrative responsibility on the bases provided by this Code;

2) the term upon termination of which person is considered not being exposed to administrative punishment for committed administrative offense expired.

3. Set of administrative offenses making of two or more offenses provided by different articles or parts of article (when Article consists of parts) is recognized to the Special part of this Code for one of which the physical person or legal entity was not brought to the administrative responsibility.

4. If the administrative offense is provided by different parts of Article (Articles) or Articles of the Special part of this Code when Articles consist of one part from which one regulation is general, and another - special, set of administrative offenses is absent and the administrative responsibility comes on special regulation.

Article 2.5. The lasting administrative offense

The lasting administrative offense the act provided by this Code, integrated to the subsequent long failure in duty, assigned to physical person or legal entity by the act of the legislation under the threat of administrative punishment is recognized. The lasting administrative offense begins from the date of making of the specified act and comes to an end owing to actions of person making it testimonial of the termination of continuation of administrative offense by it, or with approach of the events interfering its further making.

Chapter 3. The circumstances excluding act recognition by administrative offense

Article 3.1. Justifiable defense

1. Each physical person has right of defense from illegal encroachment. This right belongs to it irrespective of opportunity to avoid encroachment or to ask for the help other physical persons or authorized state bodies.

2. The action made in condition of justifiable defense is not administrative offense, that is in case of protection of life, health, the rights and legitimate interests of the defending or other physical person, interests of society, the state, and also the rights of the legal entity against illegal encroachment by causing encroaching harm.

Note. The compulsory provision of recognition of condition of justifiable defense when causing encroaching harm is non-admission of exceeding of limits of justifiable defense, that is the intentional actions obviously not corresponding to nature and degree of danger of encroachment.

Article 3.2. Damnification during detention of the physical person who committed crime or administrative offense

Damnification to the physical person who committed crime or administrative offense is not administrative offense during his detention for transfer to authorized state bodies and suppression of possibility of making of new crimes or administrative offenses when it tries by it or can disappear from the criminal prosecution authority, court or body conducting administrative process if other means to detain such person did not represent possible.

Article 3.3. Emergency

1. The action which is commited by person in emergency condition that is for prevention or elimination of danger, directly life-threatening, to health, the rights and legitimate interests of this person or other persons, to interests of society or state if the corresponding danger could not be under these circumstances eliminated with other means and if the damage suffered is not more considerable, than prevented is not administrative offense.

2. The condition of emergency is recognized also situation when the action made for prevention of danger did not achieve the goal and harm came, despite everything the undertaken person who was honesty expecting to prevent it, measures.

Article 3.4. Reasonable risk

1. Damnification to the interests protected by this Code is not administrative offense in case of reasonable risk for achievement of the socially useful purpose.

2. The risk is recognized reasonable if committed act corresponds to modern scientific and technical knowledge and experience, and the effective objective could not be achieved by the actions which are not connected with risk and the physical person or legal entity which allowed risk reasonably calculated that it took all feasible measures for prevention of harmful effects.

3. The economic (business) risk is recognized reasonable if the effective objective could be achieved by means of unhazardous acts (decisions), but with smaller economic result.

Article 3.5. Other circumstances excluding act recognition by administrative offense

Are not administrative offenses on condition of elimination of violations and (or) compensation caused to the state, physical persons or legal entities of harm no later than ten working days from the date of delivery checking (the head of check) or the direction to the checked face or his representative of the inspection statement who is carried out according to the legal acts, international treaties of the Republic of Belarus and international legal acts constituting the right of the Eurasian Economic Union:

failure to pay or incomplete payment by the payer, other obliged person, except for the official of the legal entity, taxes, charges (duties), other obligatory payments in republican or local budgets which accounting is performed by tax authorities in the amount of no more than one percent from the estimated amounts of such payments following the results of each calendar year or its part (if part of calendar year was subject to check);

failure to pay or incomplete payment by the official of the legal entity of taxes, charges (duties), other obligatory payments in republican or local budgets which accounting is performed by tax authorities if the amount of the additionally accrued payments for the period of accomplishment by the official of the corresponding functions (but no more than for the checked period) does not exceed one percent from total amount estimated for the specified period of the amounts of such payments;

the non-execution or improper execution of other obligations which entailed causing property harm, including overestimate of cost of such obligations to the budget in the amount of no more than one percent for the checked period (for the official of the legal entity - for the period accomplishment of the corresponding functions by it, but no more than for the checked period);

failure to pay or incomplete payment at the scheduled time the legal entity or the individual entrepreneur of the payments levied by customs authorities in the amount of no more than one percent from paid amounts of such payments for each calendar year in which the corresponding act was made.

Chapter 4. Administrative responsibility

Article 4.1. Administrative responsibility and its purposes

1. The administrative responsibility is expressed in censure of person who made administrative offense and imposing of administrative punishment on the physical person who made administrative offense, the legal entity who is subject to the administrative responsibility.

2. The administrative responsibility has the purposes education of the physical person who made administrative offense, and also the prevention of making of new offenses as person which made it and other physical persons or legal entities.

3. The administrative responsibility is designed to promote recovery of social justice.

4. The physical person who made administrative offense, or the legal entity who is subject to the administrative responsibility shall compensate the harm done by administrative offense. Court, considering case on the administrative offense having the right in the absence of dispute on compensation of the property harm done by administrative offense along with imposing of administrative punishment to resolve issue of compensation of such harm. Disputes on indemnification are resolved according to the procedure of civil legal proceedings.

Article 4.2. Age from which there comes the administrative responsibility

1. The physical person which reached by the time of making of offense of age of sixteen years is subject to the administrative responsibility. The physical person who made offense aged from fourteen up to sixteen years is subject to the administrative responsibility only for:

1) intentional causing bodily harm and other violent acts or violation of the protective instruction (Article 10. 1);

2) insult (Article 10. 2);

3) petty theft (Article 11. 1);

4) intentional destruction or damage of alien property (Article 11. 3);

5) animal abuse or disposal of animal (Article 16. 29);

6) disorderly conduct (Article 19. 1).

2. The physical person which reached the established age of the administrative responsibility is not subject to the administrative responsibility if it is determined that owing to the lagging in intellectual development which is not connected with mental disturbance (disease) it during making of act could not understand its actual nature and illegality.

Article 4.3. Diminished responsibility

The physical person which during making of act was in diminished responsibility condition is not subject to the administrative responsibility, that is could not understand its actual nature and illegality or to direct it owing to mental disturbance (disease).

Article 4.4. The acts attracting the administrative responsibility on demand

1. The acts containing signs of the following administrative offenses:

intentional causing bodily harm and other violent acts or violation of the protective instruction (Article 10. 1);

insult (Article 10. 2);

refusal in provision to the citizen of information (Article 10. 5);

violation of right to liberty of associations (Article 10. 7);

copyright violation, related rights and right of industrial property (Article 10. 15);

violation of requirements of the conclusion of civil agreements (Article 10. 18);

causing property damage (Article 11. 2);

intentional destruction or damage of alien property (Article 11. 3);

assignment of the found property (Article 11. 4);

deception of consumers (Article 13. 10);

unfair competition (Article 13. 33);

road traffic offense by person managing the vehicle, the entailed causing to the victim of slight injury (part 1 of Article 18. 16);

road traffic offense by the pedestrian and other participants of traffic (part 4 of Article 18. 20) in case of causing by the pedestrian, person, the managing bicycle, horse drawn vehicle, or person participating in traffic and not the managing vehicle, to the victim of slight injury;

unauthorized access to computer information (Article 23. 4);

disclosure of the commercial or protected by the law other secret (Article 23. 6),

attract the administrative responsibility only in the presence of expressed in the procedure for the requirement of the victim or his legal representative established ПИКоАП to involve person who made administrative offense in the administrative responsibility.

2. Irrespective of the requirement of the victim or his legal representative when making the acts containing signs of the offenses provided by part of 1 this Article, administrative process can be begun by the prosecutor or according to its written order the body conducting administrative process if:

1) this act does considerable harm to interests of the state or society;

2) act is made concerning the person which is in material, job or other dependency from the face, made it or for other reasons not capable to address independently for protection of the rights, freedoms and legitimate interests.

Article 4.5. Responsibility of the military personnel and other persons to whom operation of disciplinary charters or special regulations on discipline extends

Persons to whom the status of the serviceman extends and also faces of the commanding and ordinary structure of law-enforcement bodies, bodies of financial investigations of the State Control Committee, the Investigative Committee, the State committee of judicial examinations, bodies and divisions on emergency situations bear responsibility for making of administrative offenses in accordance with general practice. At the same time administrative punishments in the form of social jobs and administrative detention, and on the military personnel of compulsory military service - also in the form of penalty cannot be put on such faces. If the sanction provides administrative punishment only in the form of penalty, the military personnel of compulsory military service is exempted from the administrative responsibility with transfer of materials to relevant organs for the solution of question of attraction them to disciplinary responsibility. This provision is not applied if repeated making of administrative offense attracts criminal liability.

Article 4.6. Responsibility of the individual entrepreneur and legal entity

1. The individual entrepreneur bears the administrative responsibility for making of the administrative offense connected with the business activity performed by it:

1) according to the sanction provided for the individual entrepreneur taking into account the special condition provided by part 3 of this Article;

2) according to the sanction provided for physical person if the individual entrepreneur is not specified in the sanction or the special condition provided by part 3 of this Article is not satisfied.

2. The legal entity bears the administrative responsibility if such person is specified in the sanction, taking into account the special condition provided by part 3 of this Article, and this person did not take all measures for observance of regulations (rules) for which violation the administrative responsibility is provided. Administrative prosecution of the legal entity does not exempt from the administrative responsibility for this offense his guilty official, is equal as attraction to administrative or criminal liability of the official of the legal entity does not exempt from the administrative responsibility for this offense the legal entity.

3. Special condition of administrative prosecution of the individual entrepreneur and legal entity for making of administrative offense in the field of finance, the security market and banking activity (except for the administrative offenses provided by part 2 of Article 12. 2, Articles 12. 8, 12.10, 12.18, 12.19, part 1 of Article 12. 23, Articles 12.25 and 12.28 of this Code), in the field of business activity (except for the administrative offenses provided by parts 2 and 3 of Article 13. 5, parts 1 and 2 of Article 13. 6, Articles 13. 22, 13.32 and 13.33, part 2 of Article 13.34 of this Code), against procedure for the taxation (except for the administrative offenses provided by part 1 of Article 14. 4, parts 1 and 2 of Article 14.5 and Article 14.8 of this Code), against procedure for customs regulation establishment at least of one of the following circumstances is:

1) committed act does harm to life or human health or the threat of causing such harm is created;

2) committed act does property harm in the amount of, exceeding forty basic sizes;

3) the cost of subject of administrative offense exceeds forty basic sizes;

4) the amount of transaction, the foreign trade transaction, revenue or the income in total exceeds forty basic sizes - in cases when in the sanction the penalty is determined in the percentage or multiple relation to the amount of revenue, the transaction, the foreign trade transaction or the income;

5) the income amount exceeds forty basic sizes - in cases when confiscation of income gained as a result of unlawful activity is provided in the sanction;

6) obligatory application of confiscation is provided in the sanction.

Note. Basic size for the purposes of this Article is accepted in the amount of, established on the date of making of administrative offense and if such day cannot be established - on the date of its detection.

Article 4.7. Responsibility of the legal entity by reorganization

Reorganization of the legal entity is not the basis for release it from the administrative responsibility for committed administrative offense. In case of reorganization the administrative responsibility comes taking into account the following features:

in case of merge of several legal entities - the newly created legal entity is brought to responsibility;

when joining one legal entity to another - that legal entity to whom accession is performed is brought to responsibility;

in case of separation of the legal entity or in case of allocation from its list of one or several legal entities - that legal entity to whom according to the separation balance sheet passed the rights and obligations according to the concluded bargains or property in connection with which the administrative offense was made is brought to responsibility;

when transforming the legal entity of one type to the legal entity of other type - the newly created legal entity is brought to responsibility.

Article 4.8. Responsibility of owners (owners) of vehicles

1. In cases of fixing of administrative offense against traffic safety and operation of transport the special technical means working in the automatic mode having functions photo and filmings, videos (further - the special technical means working in the automatic mode), the owner (owner) of the vehicle is subject to the administrative responsibility if other is not provided by parts 3 and 4 of this Article.

2. In the presence at the body conducting administrative process before pronouncement of the resolution according to part 1 of Article 10.4 ПИКоАП of information on person managing the vehicle at the time of fixing of offense, this person is subject to the administrative responsibility.

3. The owner (owner) of the vehicle is not subject to the administrative responsibility if when conducting administrative process it is determined that at the time of fixing of administrative offense the corresponding vehicle was in ownership or in use of other person, except for case, stipulated in Item 1 part 4 of this Article, or by this moment was disposed from its possession as a result of illegal actions of other persons.

4. If owner (owner) of the vehicle are the legal entity or the individual entrepreneur, to administrative prosecution according to the procedure, stipulated in Clause 10.4 ПИКоАП, are subject for:

1) the administrative offense expressed in operation in traffic of the vehicle concerning which permission to the admission to participation in traffic is not issued or its owner the agreement of obligatory civil liability insurance of owners of vehicles is not signed, - the legal entity or the individual entrepreneur who are the owner (owner) of the vehicle;

2) other administrative offenses against traffic safety and operation of transport - the physical person managing this vehicle at the time of fixing of offense.

Article 4.9. The term after which the physical person or legal entity is considered not being exposed to administrative punishment

The physical person or legal entity is considered not being exposed to administrative punishment:

from the date of execution of the resolution on imposing of administrative punishment for making of administrative offense;

after six months from the date of execution of the resolution on imposing of administrative punishment for making of considerable administrative offense;

after one year from the date of execution of the resolution on imposing of administrative punishment for making of rough administrative offense;

after prescriptive limits of execution of the resolution on imposing of administrative punishment in the cases provided by parts 1 and 2 of Article 14.5 ПИКоАП;

from the date of the termination of execution of the resolution on imposing of administrative punishment on the bases, stipulated in Article 14.3 ПИКоАП;

from the date of release of the physical person from further execution of collection in the form of social jobs in the case provided by part 4 of Article 6.5 of this Code;

from the date of release of the physical person from further execution of collection in the form of administrative detention in the case provided by part 3 of Article 6.6 of this Code;

from the date of release of the physical person from execution of administrative punishment in case, stipulated in Article 8.7 of this Code.

Section III. Preventive corrective actions and administrative punishment

Chapter 5. Preventive corrective actions

Article 5.1. Preventive corrective actions

1. The following preventive corrective actions can be applied to person who made administrative offense for the purpose of the prevention of making of new administrative offenses by it:

1) oral note;

2) prevention;

3) measures of educational impact (concerning minors).

2. Preventive corrective actions are applied in the cases provided by this Code in case of release of person who made administrative offense from the administrative responsibility.

Article 5.2. Oral note

The oral note consists in explanation to physical person of illegal nature and public harm of the administrative offense made by it and caution about inadmissibility of delinquent behavior from its party.

Article 5.3. Prevention

The prevention consists in written caution of person who made administrative offense about inadmissibility of delinquent behavior from its party and consequence in law of repeated making of this administrative offense.

Article 5.4. Measures of educational impact

Measures of educational impact are applied to the minors who made administrative offense in the cases provided by Chapter 9 of this Code.

Chapter 6. Concept and types of administrative punishments

Article 6.1. Concept of administrative punishment

Administrative punishment is measure of the administrative responsibility imposed on the physical person who made administrative offense and (or) on the legal entity who is subject to administrative prosecution.

Article 6.2. Types of administrative punishments

1. For making of administrative offenses the following types of administrative punishments are applied to physical persons:

1) penalty;

2) social jobs;

3) administrative detention;

4) deprivation of the right to be engaged in certain activities;

5) deportation;

6) confiscation;

7) collection of cost;

8) prohibition on visit of sports constructions.

2. For making of administrative offenses the following types of administrative punishments are applied to legal entities:

1) penalty;

2) deprivation of the right to be engaged in certain activities;

3) confiscation;

4) collection of cost.

3. Administrative punishments in the form of social jobs, administrative detention, confiscation, collection of cost, prohibition on visit of sports constructions are imposed only by court, except for the case provided by part 4 of this Article.

4. Administrative punishment in the form of administrative detention for making of administrative offense, stipulated in Article 10.20 of this Code, is imposed by law-enforcement bodies.

Article 6.3. Main and additional administrative punishments

1. The penalty, social jobs and administrative detention are applied as the main administrative punishment.

2. Confiscation, collection of cost, prohibition on visit of sports constructions are applied as additional administrative punishment.

3. Deprivation of the right to be engaged in certain activities, deportation can be applied in quality as the main, and additional administrative punishment.

Article 6.4. Penalty

1. The penalty is cash collection which amount is determined in Belarusian rubles taking into account the size of basic size established on the date of pronouncement of the resolution on imposing of administrative punishment, and in the cases provided in sanctions - in the percentage or multiple relation to the cost of subject of committed administrative offense, the amount of damage, revenues, transactions, the foreign trade transaction or the income, difference between the actual revenue received from sales of goods (works, services) and settlement size of proceeds from sales of goods (works, services).

2. The minimum size of the penalty imposed on:

1) the physical person, - cannot be less than one tenth basic sizes;

2) the individual entrepreneur, - cannot be less than two basic sizes, and for violation of procedure for the taxation - less than one tenth basic sizes;

3) the legal entity, - cannot be less than five basic sizes, and for violation of procedure for the taxation - less than one tenth basic sizes.

3. The maximum size of the penalty estimated in basic sizes, imposed on:

1) the physical person, - cannot exceed thirty basic sizes, and for the offenses encroaching on rights and freedoms of man and citizen, offenses in the field of finance, the security market and banking activity in the field of business activity, in the field of communication and information, against traffic safety and operation of transport, and also against procedure for the taxation, procedure for management - two hundred basic sizes;

2) the individual entrepreneur, - cannot exceed two hundred basic sizes, and for violation of the law about work, offenses in the field of finance, the security market and banking activity, in the field of business activity, and also for offenses against procedure for the taxation, procedure for management - five hundred basic sizes;

3) the legal entity, - cannot exceed thousands of basic sizes.

4. The maximum size of the penalty estimated in the percentage or multiple relation to the cost of subject of administrative offense, the amount of damage, revenues, transactions, the foreign trade transaction or the income, difference between the actual revenue received from sales of goods (works, services) and settlement size of proceeds from sales of goods (works, services) cannot exceed the double size of the cost (amount) of the corresponding subject, the amount of damage, revenue, the transaction, the foreign trade transaction or the income, difference between the actual revenue received from sales of goods (works, services) and settlement size of proceeds from sales of goods (works, services).

5. The size of the penalty imposed on physical person according to article 86 of the Criminal code of the Republic of Belarus cannot be less than five and more than thirty basic sizes.

6. When imposing penalty on physical person according to the procedure, stipulated in Clause 10.3 ПИКоАП, the lower limit of penalty provided for committed offense, and in case of its not establishment in the sanction - no more than five tenth basic size is applied. In case of failure to pay such penalty at the scheduled time the applied size of penalty increases by two basic sizes. At the same time provisions of Articles 7.7 and 7.8 of this Code are not applied.

7. Provisions of part 6 of this Article are not applied:

1) to physical person if social jobs, administrative detention, deprivation of the right to be engaged in certain activities or confiscation are provided in the sanction;

2) to the individual entrepreneur if the committed offense is connected with the business activity performed by it, at the same time the individual entrepreneur is specified in the sanction and the special condition provided by part 3 of Article 4.6 of this Code is satisfied;

3) to the foreign citizen or the stateless person if deportation, except for the foreign citizen or the stateless person who arrived to the check point through Frontier of the Republic of Belarus for departure from the Republic of Belarus is provided in the sanction;

4) if repeated making of administrative offense attracts criminal liability;

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