RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 17, 2008 No. 58

About questions of payment of monthly public welfare payment to the suspect or person accused, the body suspended from position conducting criminal procedure

In pursuance of paragraph two of article 3 of the Law of the Republic of Belarus of June 12, 2007 No. 234-Z "About modification and amendments in some laws of the Republic of Belarus on the questions connected with discharge from position of the suspect or the person accused by the body conducting criminal procedure" Council of Ministers of the Republic of Belarus DECIDES:

1. Determine that:

1.1. from number of persons employed, military personnel, persons of the commanding and ordinary structure of the Investigative Committee, the State committee of judicial examinations, law-enforcement bodies, bodies and divisions on the emergency situations and bodies of financial investigations suspended from position by the prosecutor or his deputy, and also the Chairman of the Investigative Committee, the Chairman of Committee for State Security or persons fulfilling their duties, the investigator from the sanction of the prosecutor or his deputy based on the resolution or the judge's ruling, determination of court (further - the body conducting criminal procedure) about temporary discharge of the suspect or person accused from position and not engaged in other paid activities (further - the suspect or the person accused), monthly public welfare payment is paid to the suspect or the person accused (further - benefit);

1.2. the benefit is paid to the suspect or the person accused in the amount of the budget of subsistence minimum for able-bodied population, time of their discharge established on benefit payment date, estimated in proportion from position, based on the order of the employer, the commander (chief) having the right of appointment to military position, the Chairman of the Investigative Committee or other official of the Investigative Committee according to the competence determined by the Chairman of the Investigative Committee, the Chairman of the State committee of judicial examinations or
other official of the State committee of judicial examinations according to the competence determined by the Chairman of the State committee of judicial examinations, the chief of law-enforcement body, body of financial investigations (except interdistrict department), the chief who is granted the acceptance right to service in bodies and divisions for emergency situations (further - the employer), from the date of discharge of the suspect or the person accused from position according to the resolution (determination) of the body conducting criminal procedure on temporary discharge of the suspect or person accused from position. At the same time day from which the suspect or the person accused are discharged of position is determined by the resolution (determination) of the body conducting criminal procedure;

1.3. the employer monthly sends to the body conducting criminal procedure, the requirement of allowance payment to the suspect or the person accused for form according to appendix.

The body conducting criminal procedure during three banking days from the date of receipt of the requirement of allowance payment to the suspect or the person accused represents to management of the State Treasury of territorial authority of the Ministry of Finance the payment order with appendix of this requirement for money transfer of the current (settlement) bank account of the employer.

After money transfer on the current (settlement) bank account the employer pays benefit to the suspect or the person accused in the terms established for salary payment, cash allowance;

1.4. the benefit is not paid to the suspect or the person accused for the period their stays on leave irrespective of leave type;

1.5. in case of application concerning the suspect or the person accused of measure of restraint in the form of detention payment by the employer of benefit stops from the date specified in the resolution (determination) of the body conducting criminal procedure on application concerning the suspect or the person accused 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 suspect or the person accused of measure of restraint in the form of detention;

1.6. allowance payment stops the employer in cases:

removal by the body conducting criminal procedure, the resolution (determination) on cancellation of temporary discharge of the suspect or the person accused from position;

dismissals of the suspect or person accused.

Date of the termination of allowance payment to the suspect or person accused is respectively a date of removal by the body conducting criminal procedure, the resolution (determination) on cancellation of temporary discharge of the suspect or the person accused from position or date of dismissal of the suspect or person accused;

1.7. 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 temporary discharge from position to the suspect or the person accused makes payments according to legal acts;

1.8. expenses of the bodies conducting criminal procedure on allowance payment in 2007, are compensated in accordance with the established procedure by the Ministry of Finance at the expense of means of the republican budget based on the provided bodies conducting criminal procedure, the documents confirming actual expenses on these purposes.

2. To the Ministry of Finance annually to provide in accordance with the established procedure in the republican budget on content of the bodies conducting criminal procedure, the means necessary for allowance payment to suspects or persons accused.

3. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 28.06.2013 No. 569

4. This resolution becomes effective after its official publication and extends the action to the relations for allowance payment to suspects or the accused body conducting criminal procedure which arose since September 15, 2007 or proceeding after the specified date.

Appendix

to the resolution of Council of Ministers of the Republic of Belarus of January 17, 2008 No. 58

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