RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 21, 2023 No. 52

About financial responsibility of faces of the private and the commanding structure of bodies and divisions for emergency situations of the Republic of Belarus

In pursuance of Item 10-1 of the Regulations on service in bodies and divisions for emergency situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of January 11, 2013 No. 22, Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on financial responsibility of faces of the private and the commanding structure of bodies and divisions for emergency situations of the Republic of Belarus it (is applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 21, 2023 No. 52

Regulations on financial responsibility of faces of the private and the commanding structure of bodies and divisions for emergency situations of the Republic of Belarus

Chapter 1. General provisions

1. This Provision establishes the bases and procedure for attraction to financial responsibility of faces of the private and the commanding structure of bodies and divisions for emergency situations of the Republic of Belarus (further - workers) for the material damage caused by them to the state on duty (further - damage), and also procedure for damage assessment and its compensation.

2. For the purposes of this provision the following main terms and their determinations are applied:

property - weapon and ammunition to it, fuel, lubricants, special liquids, food, ware property, inventory items, buildings, constructions and other property, including the money, securities which are in state-owned property;

chiefs of bodies and divisions for emergency situations - the direct and immediate superiors having the right on the official position or special rank to give to subordinate workers orders (orders) and to require their execution;

the delinquent behavior of workers - act (action or failure to act) of the worker in case of which it does not carry out or carries out inadequate image the service duties established by acts of the legislation, including the Oath of the private and the commanding structure of bodies and divisions for emergency situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of July 5, 1999 No. 366, the Disciplinary charter of bodies and divisions for the emergency situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of August 31, 1999 No. 509, and also conditions of the contract on service signed with it in bodies and divisions for emergency situations and orders of chiefs of bodies and divisions for emergency situations;

the actual damage - loss, damage (spoil), deterioration or lowering of value of property, and also expenses which bodies and divisions for emergency situations made or will shall make for recovery of the violated right.

3. The worker is brought to financial responsibility in case of simultaneous availability:

damage;

delinquent behavior of the worker;

direct causal relationship between delinquent behavior of the worker and damage;

fault of the worker in damnification.

4. Compensation of damage is made irrespective of employee engagement which causes damage, to disciplinary, administrative or criminal liability for delinquent behavior.

5. In case of damage assessment only the actual damage is considered, the lost profit is not considered.

6. Employee engagement is not allowed to liability for the damage caused in case of execution of the order (order) of the chief of body or division for emergency situations and also as a result of lawful actions, making of act in the conditions of reasonable professional risk, force majeure.

Act is recognized committed in the conditions of reasonable professional risk in case of simultaneous availability of the following criteria:

the damage is consequence of fulfillment of duties, the state bodies assigned to the worker according to acts of the legislation, legal acts in which the service, by orders of chiefs of bodies and divisions for emergency situations, the contract on service in bodies and divisions for emergency situations and providing need of making of act is provided;

committed act is objectively caused by the developed situation, and also knowledge, experience and qualification of the worker;

there is no possibility of achievement, obvious to the worker, in these circumstances of the planned purpose using the method which is not connected with professional risk;

act is made for achievement of the socially useful purpose exceeding on the importance the threatened right protected interests;

the worker in the developed situation takes all feasible measures on decrease in professional risk, prevention or reduction of damage.

7. In case of causing damage by the worker in case of execution of the illegal order (order) of the chief of body or division for emergency situations the financial responsibility is conferred on the chief who gave such order (order).

8. The worker can be brought to financial responsibility according to this Provision within three years from the date of detection of damage.

Chapter 2. Employees engagement conditions to financial responsibility

9. Workers bear financial responsibility in complete extent of damage in cases if the damage is caused:

the worker with whom the written agreement about full financial responsibility is signed, not ensured safety of the property transferred to it for storage or other purposes;

the worker to whom the property is transferred on receipt under the one-time power of attorney or other one-time documents for storage, transportation, issue, use and other purposes;

the delinquent behavior of the worker containing essential elements of offense. Release of the worker from criminal liability on not rehabilitating bases does not exempt it from financial responsibility;

intentional destruction, either intentional damage (spoil), or other intentional actions irrespective of availability of essential elements of offense or administrative offense;

shortage of the property issued to the worker in use for execution of service duties;

the worker who was in condition of alcoholic, drug or toxic intoxication.

10. The limited financial responsibility is born:

workers, except for specified in paragraph three of this Item, - in the amount of damage, but not over monthly cash allowance * if the damage is caused by spoil or destruction due to negligence of the property issued to them in use for execution of service duties;

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