RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 12, 2025 No. 145

About financial responsibility of faces of the private and the commanding structure of bodies of financial investigations of the State Control Committee

Based on Item 10-2 of the Regulations on service in bodies of financial investigations of the State Control Committee approved by the Presidential decree of the Republic of Belarus of December 20, 2007 No. 660, 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 of financial investigations of the State Control Committee it (is applied).

2. This resolution becomes effective since March 13, 2025.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 12, 2025 No. 145

Regulations on financial responsibility of faces of the private and the commanding structure of bodies of financial investigations of the State Control Committee

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 of financial investigations of the State Control Committee (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, ware property, inventory items, buildings, constructions and other property, including the money, securities which are in state-owned property;

chiefs of bodies of financial investigations of the State Control Committee (further - bodies of financial investigations) - 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 the worker - act (action or failure to act) of the worker in case of which he does not perform or fulfills inadequate image the service duties established by acts of the legislation, including the Disciplinary charter of bodies of financial investigations of the State Control Committee approved by the Presidential decree of the Republic of Belarus of December 20, 2007 No. 660, the oath of the private and the commanding structure of bodies of financial investigations of the State Control Committee which text is approved by the Presidential decree of the Republic of Belarus of December 20, 2007 No. 660, and also conditions of the contract on service signed with it in bodies of financial investigations and orders (orders) of the Chairman of the State Control Committee (further - the Chairman of Committee), the vice-chairman of the State Control Committee - the director of the department of financial investigations and other chiefs of bodies of financial investigations;

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

3. The worker can be brought to financial responsibility in case of simultaneous availability of the following conditions:

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 of financial investigations and also as a result of lawful actions.

7. In case of causing damage by the worker in case of execution of the illegal order (order) of the chief of body of financial investigations 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. The bases for employees engagement 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;

crime. Release of the worker from criminal liability on not rehabilitating bases does not exempt it from financial responsibility;

intentional destruction, either intentional damage (spoil) of property, or other intentional actions irrespective of whether they contain 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 the alcohol intoxication or condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances.

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;

chiefs of bodies of financial investigations in the amount of damage, but not over triple monthly cash allowance if the damage is caused by the wrong statement of accounting and (or) storage of property, rejection of necessary measures for prevention of its loss, destruction, damage (spoil).

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* For the purposes of this provision the monthly cash allowance is determined as the amount of monthly paid types of cash allowance in calculation for complete month proceeding from their sizes established to the worker on the first of decision making about its attraction to financial responsibility.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info