RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 16, 2024 No. 38

About some questions of payment of monthly public welfare payment

Based on part five of article 107 of the Code of the Republic of Belarus about judicial system and the status of judges the Council of Ministers of the Republic of Belarus DECIDES:

1. Determine that:

1.1. monthly public welfare payment (further - benefit) is paid to the judge whose powers are suspended (further - the judge) based on the order of the chairman of justices from the date of suspension of powers of the judge in the amount of the budget of subsistence minimum for the able-bodied population established on benefit payment date and estimated in proportion to time of suspension of powers of the judge.

The benefit is not paid to the judge for the period findings of the judge on leave irrespective of leave type;

1.2. for allowance payment to the judge the court monthly sends to management of the State Treasury of territorial authority of the Ministry of Finance the request with application of a copy of the decision of the President of the Republic of Belarus or Presidium of Vsebelorussky people's assembly for money transfer on the current (settlement) bank account of court.

After money transfer on the current (settlement) bank account the court pays benefit to the judge in the terms established for salary payment;

1.3. in case of application concerning the judge of measure of restraint in the form of detention payment of benefit by court stops from the date specified in the resolution (determination) of the body conducting criminal procedure on application concerning the judge of measure of restraint in the form of detention and is resumed from the date specified in the resolution (determination) of the body conducting criminal procedure on cancellation of application concerning the judge of measure of restraint in the form of detention;

1.4. allowance payment stops court in case of renewal of powers of the judge or the termination of powers of the judge.

Date of the termination of allowance payment to the judge is date of renewal of powers of the judge or release of the judge from position;

1.5. in case of the termination of criminal case in the absence of socially dangerous act provided by the penal statute, absence in act of actus reus the absence of proof of participation in crime execution or in case of pronouncement of the verdict of not guilty for the entire period of suspension of powers of the judge to the specified person makes payments according to legal acts.

2. Allowance payment is performed for the account and within the means of the republican budget which are annually provided on content of courts.

3. This resolution becomes effective from the date of forming of Vsebelorussky people's assembly.

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