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THE CODE OF THE REPUBLIC OF BELARUS ABOUT ADMINISTRATIVE OFFENCES

of April 21, 2003 No. 194-Z

(as amended on 18-12-2019)

It is accepted by the House of Representatives on December 17, 2002

Approved by Council of the Republic on April 2, 2003

General part

Section I. General provisions

Chapter 1. Tasks and operation of the code of the Republic of Belarus about administrative offenses

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

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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 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.

1. The code of the Republic of Belarus about administrative offenses determines what acts are administrative offenses, fixes the bases and conditions of the administrative responsibility, establishes administrative punishments which can be applied to the physical persons who made administrative offenses, and also to the legal entities found guilty and 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 subject to inclusion in this Code.

3. The code of the Republic of Belarus about administrative offenses is based on the Constitution of the Republic of Belarus and the conventional principles of international law.

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

1. Tasks of this Code are protection of the person, its rights and freedoms, legitimate interests, the rights of legal entities, the environment and sanitary and epidemiologic wellbeing of the population, established procedure of implementation of the government, public order, and also protection of the established law and order against administrative offenses.

2. The code of the Republic of Belarus about administrative offenses is directed to the prevention of administrative offenses.

Article 1.3. Explanation of separate terms of the Code of the Republic of Belarus about administrative offenses

For the purposes of uniform and exact application of the terms used in this Code their following determinations are accepted:

harmful effects - causing property, moral and other harm to the rights and interests protected by this Code;

the official - physical person, is permanent, temporary or on special power performing organizational and administrative or administrative functions, or person authorized in accordance with the established procedure 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;

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

person replacing parents - the guardian, the custodian;

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

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

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

beer - the drink received by fermentation of the become tipsy malt must by beer yeast with volume fraction of 0,5 ethyl alcohol and more than a percent;

low alcohol drinks - drinks (except for dairy drinks, kvass and beer) with volume fraction of ethyl alcohol from 0,5 to 7 percent;

the physical person - the citizen of the Republic of Belarus, the foreign citizen or the stateless person if other is not stipulated in this Code.

Article 1.4. Operation of the Code of the Republic of Belarus about administrative offenses in space

1. The physical person or legal entity found guilty of making of administrative offense in the territory of the Republic of Belarus is subject to the administrative responsibility according to this Code.

2. The foreign citizens and stateless persons who are in the territory of the Republic of Belarus, and also foreign legal entities are subject to the administrative responsibility in accordance with general practice with citizens and legal entities of the Republic of Belarus if other is not established by this Article.

3. The physical person who made administrative offense on the vessel under the flag of the Republic of Belarus which is outside internal waters of the Republic of Belarus or on the aircraft registered in the Republic of Belarus, which is in airspace outside the Republic of Belarus on the warship or the military aircraft of the Republic of Belarus irrespective of the place of their stay, and also in the territory of official representation of the Republic of Belarus to which the administrative jurisdiction of the Republic of Belarus extends is subject to the administrative responsibility according to this Code.

4. 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 state of stay is allowed in the diplomatic way.

5. The citizen of the Republic of Belarus and the person without citizenship who are constantly living in the territory of the Republic of Belarus, made administrative offenses outside the Republic of Belarus are subject to responsibility under 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 the specified cases administrative punishment is imposed on person within the sanction of Article of the Special part of this Code, but shall not exceed upper limit of the sanction provided by the law of the state in the territory of which the offense was made.

Article 1.5. 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 making of act time of implementation of illegal action (failure to act) irrespective of time of approach of effects is recognized.

2. The act of the legislation eliminating illegality of act, mitigating or canceling responsibility or otherwise improving provision of the physical person or legal entity which made administrative offense has retroactive force, that is extends also 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 is not performed. From the date of entry into force of the act of the legislation eliminating illegality of act, the corresponding act made before its entry into force it is not considered administrative offense.

3. The act of the legislation establishing illegality of act, strengthening responsibility or otherwise worsening situation of physical person or legal entity, has no retroactive force.

Section II. Administrative offense. Administrative responsibility

Chapter 2. Administrative offense

Article 2.1. Concept of administrative offense

1. Administrative offense is recognized illegal the guilty, and also characterized other signs provided by this Code, act (action or failure to act) for which the administrative responsibility is established.

2. Act in type can be administrative offense:

1) the ended administrative offense;

2) attempts at administrative offense.

Article 2.2. The ended administrative offense

1. The administrative offense is recognized ended from the moment of act making.

2. The administrative offense connected with approach of the effects specified in Articles of the Special part of this Code is recognized ended from the moment of the actual approach of these effects.

Article 2.3. Attempt at administrative offense

1. Attempt at administrative offense the intentional action of physical person which is directly directed to making of administrative offense is recognized if at the same time it was not finished on circumstances, independent of this person.

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

Article 2.4. Partnership in administrative offense

1. Partnership in administrative offense intentional joint participation of two or more physical persons in making of administrative offense is recognized.

2. Accomplices of administrative offense along with contractors organizers and helpers are recognized.

3. The contractor the physical person who directly made administrative offense, or directly participating in its making together with other physical persons, or made administrative offense by means of use of other physical persons which are not subject owing to the act of the legislation of the administrative responsibility is recognized.

4. The organizer the physical person who organized making of administrative offense or directing its making is recognized.

5. The helper the physical person which was promoting making of administrative offense by councils, instructions, provision of information, tools or means for making of administrative offense, removal of obstacles or rendering other help or the physical person who was in advance promising to hide made the administrative offense, tools or means of making of administrative offense, traces of administrative offense or objects got in the illegal way and equally in advance promising to acquire or sell such objects is recognized.

6. Other accomplices do not bear the administrative responsibility for the act made by the contractor and which was not covered by intention of accomplices.

7. The helper bears the administrative responsibility only for partnership in the administrative offenses provided by Articles:

1) petty theft (Article 10. 5);

2) intentional destruction or damage of property (Article 10. 9);

3) illegal use of goodwill of the competitor (Article 11. 26);

4) counterfeit of travel documents (Article 11. 33);

5) abuse of regulations of trade and rendering services to the population (Article 12. 17);

6) movement of goods through customs border of the Eurasian Economic Union out of the places determined by the legislation or in unspecified time (Article 14. 1);

7) it is excluded

8) it is excluded

9) illegal destruction, withdrawal or damage of trees and bushes or other vegetation (Article 15. 22);

10) abuse of regulations of maintaining fishing economy and fishery, production of other water animals (Article 15. 35);

11) abuse of regulations of maintaining hunting economy and hunting (Article 15. 37);

12) illegal penetration on the protected objects (Article 23. 14);

13) illegal crossing of Frontier of the Republic of Belarus (Article 23. 29);

13-1) violation of boundary regime (Article 23. 30);

14) violation of the mode of Frontier of the Republic of Belarus (Article 23. 31);

15) unauthorized occupation of the parcel of land (Article 23. 41).

8. Responsibility of the organizer and helper comes under the same Article of the Special part of this Code, as responsibility of the contractor, with reference to this Article.

Article 2.5. Making of administrative offense repeatedly

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

2. Making of administrative offense is not recognized repeated if the physical person which made it or the legal entity were exempted for earlier made administrative offense from the administrative responsibility on the bases provided by this Code or in connection with the expiration upon termination of which the physical person or legal entity is considered not being exposed to administrative punishment.

Article 2.6. 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 further making of administrative offense.

Article 2.7. Set of administrative offenses

1. Set of administrative offenses making of two or more administrative offenses provided by different parts of Article (Articles) or Articles of the Special part of this Code when Articles consist of one part for one of which person was not brought to the administrative responsibility is recognized. At the same time administrative offenses for which the physical person or legal entity was exempted from the administrative responsibility on the bases provided by this Code or in connection with the expiration upon termination of which the physical person or legal entity is considered not being exposed to administrative punishment are not considered.

2. 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 2.8. 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 if within one year from the date of the end of execution of the main and additional administrative punishments does not make new administrative offense.

Chapter 3. Wine

Article 3.1. Wine of physical person and its form

1. Wine - the mental relation of physical person to the illegal act made by it expressed in the form of intention or imprudence.

2. Guilty only the responsible physical person who made illegal act can be found of making of administrative offense it is intentional or on imprudence.

Article 3.2. Making of administrative offense is intentional

1. The administrative offense made intentionally the illegal act made with direct or indirect intent is recognized.

2. The administrative offense is recognized committed with direct intention if the physical person which made it understood illegality of the act, expected its harmful effects and wished their approach.

3. The administrative offense is recognized committed with indirect intent if the physical person which made it understood illegality of the act, expected its harmful effects, did not wish, but consciously allowed approach of these effects or was indifferent to them.

Article 3.3. Making of administrative offense on imprudence

1. The administrative offense made on imprudence the illegal act made by levity or negligence is recognized.

2. The administrative offense is recognized committed by levity if the physical person which made it expected possibility of approach of harmful effects of the act, but without good causes expected their prevention.

3. The administrative offense is recognized committed due to negligence if the physical person which made it did not expect possibility of approach of harmful effects of the act though it in case of necessary attentiveness and foresight shall and could expect them.

Article 3.4. Wine in the committed administrative offense which is not connected with approach of effects

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 illegal act.

Article 3.5. Wine of the legal entity

The legal entity is found guilty of making of administrative offense if it is determined that this legal entity does not respect the rules (rules) for which violation the administrative responsibility is provided, and this person did not take all measures for their observance.

Chapter 4. Principles and conditions of the administrative responsibility

Article 4.1. Administrative responsibility

The administrative responsibility is expressed in application of administrative punishment to the physical person who made administrative offense and also to the legal entity found guilty and who is subject to the administrative responsibility according to this Code.

Article 4.2. Principles of the administrative responsibility

1. The administrative responsibility is based on the principles of legality, equality before the law, inevitability of responsibility, guilty responsibility, justice and humanity.

2. Attraction and release from the administrative responsibility are performed precisely under the resolution (decision) of competent authority (official) and based on of this Code.

3. The physical persons who made administrative offenses are equal before the law and races, nationalities, language, origin, property and official capacity, the residence or the place of stay, the relation to religion, beliefs, belonging to public associations, and also other circumstances are subject to the administrative responsibility irrespective of floor.

4. The legal entities brought to the administrative responsibility are equal before the law and the locations, legal form and subordination, and also other circumstances are subject to the administrative responsibility irrespective of pattern of ownership.

5. Each physical person found guilty of making of administrative offense and also the legal entity whose guilt in relation to committed administrative offense is ascertained are subject to administrative prosecution.

6. Person is subject to the administrative responsibility only for those administrative offenses concerning which his guilt is ascertained.

7. The administrative responsibility shall be fair and humane, that is administrative punishment shall be appointed taking into account nature and harmful effects of committed administrative offense, circumstances of its making, the identity of the physical person who made administrative offense.

8. To the physical person who made administrative offense the administrative punishment necessary and sufficient for his education shall be appointed. Administrative punishment does not aim at humiliation of human dignity of the physical person who made administrative offense, or causing to it physical sufferings.

9. The administrative punishment imposed on the legal entity and the individual entrepreneur does not aim at damnification of their goodwill.

Article 4.3. Age from which there comes the administrative responsibility

1. The physical person which reached by the time of making of offense of sixteen-year age, except as specified, provided by this Code is subject to the administrative responsibility.

2. The physical person who made the act prohibited by this Code aged from fourteen up to sixteen years is subject to the administrative responsibility only:

1) for intentional causing bodily harm and other violent acts (Article 9. 1);

2) for petty theft (Article 10. 5);

3) for intentional destruction or damage of property (Article 10. 9);

4) for violation of requirements of fire safety in the woods or on peat bogs (Article 15. 29);

5) for animals abuse (Article 15. 45);

6) for cultivation of fires in the prohibited places (Article 15. 58);

7) for disorderly conduct (Article 17. 1);

8) for abuse of regulations, ensuring traffic safety on rail or urban electric transport (parts 1-3, 5 of Article 18. 3);

9) for abuse of regulations of use of rail media (Article 18. 4);

10) for abuse of regulations of use of the vehicle (Article 18. 9);

11) for abuse of regulations of use of the subway (Article 18. 10);

12) for violation of requirements for ensuring safety of loads on transport (Article 18. 34);

13) for destruction, damage or loss of historical and cultural values or cultural values to which the status of historical and cultural value can be given (Article 19. 4);

14) for violation of procedure for opening of military burials and carrying out search works (Article 19. 7);

15) for illegal actions concerning gas, pneumatic or throwing weapon (Article 23. 46);

16) for illegal actions concerning cold weapon (Article 23. 47).

3. The physical person which reached the age provided by parts 1 or 2 of this Article 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 was not capable to understand its actual nature or illegality.

Article 4.4. 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 the actual nature and illegality of the action (failure to act) or to direct it owing to mental disturbance (disease).

Article 4.5. The acts attracting the administrative responsibility on demand

The acts containing signs of administrative offenses:

intentional causing bodily harm and other violent acts or violation of the protective instruction (Article 9. 1);

slander (Article 9. 2);

insult (Article 9. 3);

refusal in provision to the citizen of information (Article 9. 6);

copyright violation, related rights and right of industrial property (Article 9. 21);

assignment of the found property (Article 10. 6);

causing property damage (Article 10. 7);

destruction or damage of crops, the reaped crop of crops or plantings (Article 10. 8);

intentional destruction or damage of property (Article 10. 9);

unfair competition (Article 11. 26);

road traffic offense by person managing the vehicle, the entailed causing to the victim of slight injury (part 1 of Article 18. 17);

road traffic offense by the pedestrian and other participants of traffic (part 4 of Article 18. 23) 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 or damage of the vehicle, load, paving, road and other constructions or other property;

disclosure of the commercial or protected by the law other secret or personal data (Article 22. 13), -

attract the administrative responsibility only in the presence of expressed in the procedure for the requirement of the victim or legal representative established by the Procedural and executive code of the Republic of Belarus about administrative offenses to involve person who made administrative offense in the administrative responsibility.

Article 4.6. Responsibility of minors

1. The administrative responsibility of minors aged from fourteen up to eighteen years which made administrative offenses comes according to this Code.

2. Administrative punishment in the form of administrative detention cannot be imposed on minors aged from fourteen up to eighteen years, and also administrative punishments in the form of penalty (except as specified when they have the earnings, grant and (or) other own income) or corrective works cannot be imposed on minors aged from fourteen up to sixteen years.

3. Administrative punishment in the form of the prevention irrespective of can be imposed on minors aged from fourteen up to eighteen years whether it is provided in the sanction of Article of the Special part of this Code.

Article 4.7. Responsibility of the military personnel and other persons to whom operation of disciplinary charters or special regulations on discipline extends

1. Persons to whom the status of the serviceman extends and also faces of the commanding and ordinary structure of law-enforcement bodies, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies of financial investigations of the State Control Committee of the Republic of Belarus, bodies and divisions on emergency situations bear responsibility for making of administrative offenses in accordance with general practice. To specified persons administrative punishments in the form of corrective works or administrative detention, and cannot be applied to the military personnel of compulsory military service – and penalty.

2. Physical persons, except specified regarding 1 this Article to whom operation of disciplinary charters or special regulations on discipline extends, bear the administrative responsibility for making of administrative offenses in accordance with general practice.

Article 4.8. Responsibility of the individual entrepreneur and legal entity

1. The physical person bears the administrative responsibility as the individual entrepreneur for making of the administrative offense connected with the business activity performed by it if it is provided by the sanction of Article of the Special part of this Code. At the same time in the field of finance, the security market and banking activity, in the field of business activity, against procedure for the taxation, procedure for customs regulation the physical person bears the administrative responsibility for making of administrative offense as the individual entrepreneur in the presence of at least one of the following conditions:

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

2) committed act does property harm to the protected presents by the Code to the rights and interests of more than forty basic sizes;

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

4) the amount of transaction, the foreign trade transaction or the income in total exceeds forty basic sizes – in cases when in the sanction of Article (part of Article when Article consists of several parts) of the Special part of this Code determination of penalty is provided in the percentage or multiple relation to the amount of 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 of Article (part of Article when Article consists of several parts) of the Special part of this Code;

6) obligatory confiscation is provided in the sanction of Article (part of Article when Article consists of several parts) of the Special part of this Code.

2. Involvement of the individual entrepreneur to the administrative responsibility excludes imposing on it the administrative punishment provided by the same Article of the Special part of this Code for physical person.

3. The legal entity bears the administrative responsibility if it is provided by the sanction of Article of the Special part of this Code. At the same time in the field of finance, the security market and banking activity, in the field of business activity, against procedure for the taxation, procedure for customs regulation the legal entity bears the administrative responsibility for making of administrative offense in the presence of at least one of the conditions specified in Items 1-6 of part of 1 this Article.

4. For making of the administrative offenses provided by parts 1-3 of Article 11. 16, Articles 11. 21, 11.43, 11.64, 11.65, 11.70, part 1 of Article 11. 72, Articles 11. 79, 11.80, part 5 of Article 12. 10, parts 1 and 2 of Article 12. 11, Articles 12. 28, 12.36, 12.47, parts 1 and 9 of Article 13. 6, parts 1 and 2 of Article 13. 7, parts 1 and 2 of Article 13. 10, part 1 of Article 13.11 of this Code, the individual entrepreneur and the legal entity bear the administrative responsibility irrespective of the conditions specified in Items 1-6 of part of 1 this Article.

5. In case of merge of several legal entities again arisen legal entity is brought to the administrative responsibility for making of administrative offense.

6. When joining the legal entity to other legal entity to the administrative responsibility for making of administrative offense the attached legal entity is brought.

7. In case of separation of the legal entity or in case of allocation from the list of the legal entity 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 the administrative responsibility for making of administrative offense.

8. When transforming the legal entity of one type to the legal entity of other type again arisen legal entity is involved in the administrative responsibility for making of administrative offense.

9. Imposing of administrative punishment on the legal entity does not exempt from the administrative responsibility for this offense the guilty official of the legal entity, as well 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.

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 4.9. Responsibility of owners (owners) of vehicles

1. In cases of fixing of overspeeding of movement, abuse of regulations of stop or the parking of the vehicle the special technical means working in the automatic mode having functions photo and filmings, videos the owner (owner) of the vehicle, except as specified, determined by parts 3 and 4 of this Article is subject to the administrative responsibility.

2. If owner (owner) of the vehicle is the legal entity, to administrative prosecution according to the procedure, provided by part 3-1 of article 10.3 of the Procedural and executive code of the Republic of Belarus about administrative offenses, person managing such vehicle is subject.

3. In the presence at the body conducting administrative process before pronouncement of the resolution on the imposing of administrative punishment according to the procedure provided by part 3-1 of article 10.3 of the Procedural and executive code of the Republic of Belarus about administrative offenses, information on person managing the vehicle at the time of fixing of administrative offense this person is subject to the administrative responsibility.

4. 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 vehicle was in ownership or in use of other person or by this moment was disposed from its possession as a result of illegal actions of other persons.

Chapter 5. The circumstances excluding act recognition by administrative offense

Article 5.1. 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 of the defending or other physical person, interests of society, the state or the legal entity against illegal encroachment by causing encroaching harm.

Article 5.2. 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 5.3. Emergency

1. The action made in emergency condition that is for prevention or elimination of the danger which is directly menacing to the personality, the rights and legitimate interests of this person or other persons, to interests of society or state if this 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 if the actions made for the purpose of prevention of danger did not achieve the goal and harm came, despite efforts of the physical person who was honesty expecting it to prevent.

Article 5.4. Reasonable risk

1. Damnification to the legitimate 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 can be recognized reasonable if the effective objective could be achieved also not by risk acts (decisions), but with smaller economic result.

Article 5.5. 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 or other persons of harm no later than three working days from the date of signing of the inspection statement, carried out according to legal acts, and also the international treaties and 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 (further in this Article - other obligatory payments) which accounting is performed by tax authorities, in the amount of no more than one percent from the amounts of taxes, charges (duties), other obligatory payments estimated in such persons which accounting is performed by tax authorities, following the results of each calendar year (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 which accounting is performed by tax authorities if the amount of the additionally accrued taxes, charges (duties), other obligatory 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 in the payer, other obliged person for the specified period of the amounts of taxes, charges (duties), other obligatory payments which accounting is performed by tax authorities;

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 from being subject to obligation fulfillment 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), and also use of money and inventory items with violation of requirements of the legislation of the amount no more than ten basic sizes.

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

Section III. Administrative punishment

Chapter 6. Concept, purposes and types of administrative punishments

Article 6.1. Concept and purposes of administrative punishment

1. Administrative punishment is measure of the administrative responsibility.

2. The administrative punishment imposed on physical person is applied for the purpose of education of the physical person who made administrative offense, and also preventions of making of new offenses as the physical person who made such offense and other physical persons.

3. The administrative punishment imposed on the legal entity is applied for the purpose of the prevention of making of new administrative offenses.

4. Application of administrative punishment is intended to promote recovery of justice and is the basis for collection from physical person or legal entity of indemnification according to the procedure, stipulated by the legislation.

Article 6.2. Types of administrative punishments

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

1) prevention;

2) penalty;

3) corrective works;

4) administrative detention;

5) deprivation of the special right;

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

7) confiscation;

8) deportation;

9) collection of cost;

10) administrative prohibition on visit of sports constructions.

2. The administrative punishments specified in Items 1, of 2, of 6, of 7, 9 parts of 1 this Article are applied to legal entities.

3. The administrative punishments specified in Items 3, of 4, of 6, of 7, of 9, 10 parts of 1 this Article are imposed only by court, except as specified, provided by part 4 of this Article.

4. Administrative punishments in the form of administrative detention for making of administrative offense, stipulated in Article 9.27 of this Code, and also in the form of deprivation of the right to be engaged in the activities connected with control of vehicles are imposed by law-enforcement bodies.

Article 6.3. Main and additional administrative punishments

1. The prevention, penalty, corrective works and administrative detention are applied as the main administrative punishment.

2. Deprivation of the special right, deprivation of the right to be engaged in certain activities, and also deportation can be applied as as the basic, and additional administrative punishment.

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

4. For one administrative offense the basic or the basic and additional administrative punishments can be imposed.

5. Additional administrative punishments are applied in the cases provided by Articles of the Special part of this Code, except for penalties of cost and administrative prohibition on visit of sports constructions.

Article 6.4. Prevention

The prevention consists in written caution of person about inadmissibility of delinquent behavior.

Article 6.5. Penalty

1. The penalty is cash collection which amount is determined in Belarusian rubles proceeding from the basic size established by the legislation on the date of pronouncement of the resolution on imposing of administrative punishment, and in the cases provided by Articles of the Special part of this Code - in the percentage or multiple relation to the cost of subject of committed administrative offense, the amount of damage, transactions or to income gained as a result of the transaction.

2. The minimum size of the penalty estimated in basic sizes and imposed on physical person cannot be less than one tenth basic sizes. The minimum size of the penalty estimated in basic sizes and imposed on the individual entrepreneur cannot be less than two basic sizes, and on the legal entity - less than ten basic sizes. The penalty estimated in basic sizes, for administrative offenses against procedure for the taxation, and also stipulated in Article 23.74 of this Code, imposed on the individual entrepreneur or the legal entity can be established in smaller size, but there cannot be less than one tenth basic sizes for the individual entrepreneur, less than five tenth basic size for the legal entity.

3. The maximum size of the penalty estimated in basic sizes, imposed on physical person cannot exceed fifty basic sizes, for violation of the law in the field of traffic safety and operation of transport, violation of terms of designing, construction, technical retrofitting of productions of woodworking – hundred basic sizes, and for violation of the law about work, in the field of finance, the security market, banking activity and business activity, procedure for the taxation and management – two hundred basic sizes. The maximum size of the penalty estimated in basic sizes, imposed on the individual entrepreneur cannot exceed two hundred basic sizes, for violation of terms of designing, construction, technical retrofitting of productions of woodworking – three hundred basic sizes, and for violation of the law about work, in the field of finance, the security market, banking activity and business activity, procedure for the taxation and management – five hundred basic sizes. The maximum size of the penalty estimated in basic sizes, imposed on 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 transactions or to income gained as a result of the transaction cannot exceed the double size of the cost (amount) of the corresponding subject, the amount of damage, the transaction or income gained as a result of the transaction. The penalty for offenses in the field of finance, the security market, banking activity and business activity, against procedure for use of fuel and energy resources can be established with exceeding of the specified size, but cannot exceed the fivefold size of the cost (amount) of the corresponding subject, the amount of damage, the transaction or income gained as a result of the transaction.

5. The size of the penalty imposed on physical person according to article 86 of the Criminal code of the Republic of Belarus is established from five up to thirty basic sizes.

6. In case of the imposing of penalty on physical person according to the procedure established by part 3 of article 10.3 of the Procedural and executive code of the Republic of Belarus about administrative offenses the lower limit of penalty provided for committed offense, and in case of its not establishment in the sanction of Article of the Special part of this Code - no more than five tenth basic size is applied. At the same time in case of failure to pay such penalty in the terms established by part 1 of article 15.3 of the Procedural and executive code of the Republic of Belarus about administrative offenses, the applied size of penalty increases by two basic sizes.

7. The provision of part 6 of this Article is not applied:

1) to physical person if administrative detention, deprivation of the special right, deprivation of the right to be engaged in certain activities or confiscation are provided in the sanction of Article (part of Article when Article consists of several parts) of the Special part of this Code;

2) to the individual entrepreneur if the committed administrative offense is connected with the business activity performed by it;

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

4) on cases on the administrative offenses specified in Article 4.5 of this Code;

5) 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 of Article (part of Article when Article consists of several parts) of the Special part of this Code.

Article 6.6. Corrective works

1. Corrective works are established for a period of one up to two months and left on place of employment of the physical person exempted from criminal liability with administrative prosecution according to the procedure, stipulated in Article 86 Criminal codes of the Republic of Belarus.

2. From earnings of physical person to which corrective works according to part of 1 this Article are appointed deduction in the income of the state in the amount of twenty percent is made.

3. Corrective works cannot be appointed to the expectant mothers, disabled people of I and II groups, persons who are on child care leave, to persons which reached generally established retirement age and also persons specified regarding the 2nd Article 4.6 and part 1 of Article 4.7 of this Code.

Article 6.7. Administrative detention

1. Administrative detention consists in content of physical person in the conditions of isolation in the places determined by the body knowing execution of administrative punishments and is established for a period of up to fifteen days.

2. Administrative detention cannot be applied to the expectant mothers, disabled people of I and II groups, women and lonely men having dependent on minor children or handicapped children, to persons having dependent on disabled people of the I group, to persons performing leaving for aged, reached eighty-year age, to persons specified regarding the 2nd Article 4.6 and part 1 of Article 4.7 of this Code and also to persons specified in part 6 of article 8.2 of the Procedural and executive code of the Republic of Belarus about administrative offenses.

Article 6.8. Deprivation of the special right

1. Deprivation of the special right granted to physical person is applied for gross violation of procedure for use of this right.

2. Deprivation of the special right is established for a period of three months up to three years.

3. Deprivation of the right of control of vehicles cannot be applied to physical person which uses these means in connection with disability, except as specified drivings in the alcohol intoxication or condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances, refusal of passing in accordance with the established procedure of check (survey) regarding determination of the alcohol intoxication or condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances or the use of alcoholic beverages, drugs, psychotropic substances, their analogs, the toxic or other stupefying substances before passing of check (survey) regarding determination of the alcohol intoxication or condition caused by consumption of drugs psychotropic substances, their analogs, the toxic or other stupefying substances.

Article 6.9. Deprivation of the right to be engaged in certain activities

1. Deprivation of the right to be engaged in certain activities is applied taking into account nature of the committed administrative offense connected with control of vehicles or with occupation type of activity on which implementation special permission (license) is required if there is acknowledged impossible preserving behind physical person or legal entity of the right to be engaged in such type of activity. Deprivation of the right to be engaged in the activities connected with control of vehicles can be applied to the person who does not have the right of control of vehicles, made administrative offense for which according to the Special part of this Code administrative punishment in the form of deprivation of the right of control of vehicles can be imposed.

2. Deprivation of the right to be engaged in certain activities is established for a period of six months up to one year. Deprivation of the right to be engaged in the activities connected with control of vehicles is established within term of deprivation of the right of the control of vehicles specified in the sanction of Article of the Special part of this Code.

Article 6.10. Confiscation

1. Confiscation consists in the forced non-paid address to property of the state of income gained as a result of unlawful activity, and also the subject of administrative offense, tools and means of making of administrative offense which are in property (on the right of economic maintaining, operational management) person who made administrative offense. In the cases provided by Articles of the Special part of this Code, confiscations are subject also subject of administrative offense, the tool and means of making of administrative offense irrespective of in whose property (on the right of economic maintaining, operational management) they are. In case of sale (in the absence of signs of illegal business activity) the physical person who is not the individual entrepreneur, the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands, or alcoholic beverages of own production confiscation of the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands, the alcoholic beverages of own production which are not subject of administrative offense, belonging to the perpetrator or being in the place of making of offense at the time of making of offense can be applied.

2. Irrespective of the appointed administrative punishment or release of person from the administrative responsibility special confiscation which consists in forced uncompensated taking in property of the state of the things withdrawn from circulation, illegal tools of hunting and production of fishes and other water animals, fluviolacustrine rybya of other water animals is applied, trade in which was performed in unspecified places, and also illegal means of collection of mushrooms, other wild-growing plants or their parts (fruits, berries, seeds).

3. Confiscations the goods which are the subject of administrative customs offense for which making confiscation of such goods, its committing by persons acquired later is provided which was not making this administrative customs offense, which are not subject:

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