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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of September 30, 2021 No. 6

About change of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of June 26, 2003 No. 6

Due to the change of the legislation on bribery, and also the questions Plenum of the Supreme Court of the Republic of Belarus DECIDES: arising in court practice

Bring in the resolution of the Plenum of the Supreme Court of the Republic of Belarus of June 26, 2003 No. 6 "About court practice on cases on bribery" changes, having been reworded as follows it:

"RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

About court practice on cases on bribery (Articles 430, 431 and 432 Criminal Codes of the Republic of Belarus)

Having discussed results of generalization of court practice on cases on bribery, for the purpose of ensuring the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Draw the attention of courts that bribery is the most dangerous manifestation of corruption creating threat to the rights and freedoms of citizens, to the state and public concerns. Bribery undermines the principles of public administration, equality and social justice, constrains economic development, threatens moral foundations of society, exerts negative impact on sense of justice of citizens. In this regard courts should provide complete, comprehensive and objective investigation of circumstances of criminal cases about bribery, the correct legal evaluation of deeds, identification of the reasons and conditions promoting making of corruption offenses.

2. Courts need to mean that the official recognized as that according to part 4 of article 4 of the Criminal code of the Republic of Belarus (further - UK) can only be the subject of taking of a bribe. The list of the officials holding responsible position contains in part 5 of article 4 UK. By hearing of cases it is necessary to analyze carefully nature carried out by person constantly, temporarily or on special power of the obligations following from its office powers or position to which it is appointed by bodies, competent on that, or officials.

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