LAW OF THE REPUBLIC OF BELARUS

of December 22, 2011 No. 332-Z

About modification and amendments in the Law of the Republic of Belarus "About fight against corruption"

Accepted by the House of Representatives on November 28, 2011

Approved by Council of the Republic on December 8, 2011

Article 1. Bring in the Law of the Republic of Belarus of July 20, 2006 "About fight against corruption" (The national register of legal acts of the Republic of Belarus, 2006, No. 122, 2/1262; 2008, No. 184, 2/1514; 2009, No. 300, 2/1616) following changes and amendments:

1. In Article 1:

the third and fourth to state paragraphs in the following edition:

"the state officials - the President of the Republic of Belarus, deputies of the House of Representatives, members of council of the Republic of National assembly of the Republic of Belarus, deputies of local councils of deputies performing the powers on professional basis and also other government employees to whom operation of the legislation of the Republic of Belarus on public service extends (further - government employees); the staff of the Investigative Committee of the Republic of Belarus having special ranks (further - the staff of the Investigative Committee of the Republic of Belarus); persons, it is permanent or temporary or on special power the holding positions in Armed Forces of the Republic of Belarus, other troops and military forming of the Republic of Belarus, law-enforcement bodies, bodies and divisions on emergency situations, bodies of financial investigations of the State Control Committee of the Republic of Belarus and the Republic of Belarus relating according to legal acts to officials (daleevoyennosluzhashchy, face of the private and the commanding structure of law-enforcement bodies, bodies and divisions for emergency situations, bodies of financial investigations of the State Control Committee of the Republic of Belarus); persons, it is permanent or temporary or on special power the holding positions connected with accomplishment of organizational and administrative or administrative obligations in the state organizations and the non-state organizations in which authorized capital the share of state-owned property constitutes at least 50 percent;

persons equated to the state officials (person equated to them) - the members of council of the Republic of National assembly of the Republic of Belarus, deputies of local councils of deputies performing the powers on nonprofessional basis; the citizens registered in the procedure established by the law by candidates for president of the Republic of Belarus, candidates of the House of Representatives, members of council of the Republic of National assembly of the Republic of Belarus, deputies of local councils of deputies; persons, it is permanent or temporary or on special power the positions holding in the non-state organizations connected with accomplishment of organizational and administrative or administrative obligations, except for persons specified in paragraph three of this Article; persons authorized in accordance with the established procedure on making of legally significant actions; the public representatives to accomplishment of obligations on protection of public order, fight against offenses, administration of law;";

add Article with the paragraph the tenth the following content:

"conflict of interest - situation in case of which private interests of the state official, his spouse (spouses), close relatives or cousins-in-laws influence or can influence proper execution by the state official of the service (labor) duties in case of adoption of the decision by it or participation in decision making or making of other actions on service (work).".

2. In Article 5:

after the paragraph of the fifth to add Article with paragraphs of the following content:

"holding the actions for informing the population promoting creation of the atmosphere of intolerance concerning corruption (anti-corruption education and education);

ensuring publicity in activities of the state official and equated to them persons if other is not stipulated by the legislation the Republic of Belarus;";

the sixth or eleventh to consider paragraphs respectively paragraphs vosmymtrinadtsaty;

the twelfth after the word "carrying out" to add the paragraph with the words "in accordance with the established procedure criminological examination of drafts of legal acts of the Republic of Belarus, earlier adopted (published) legal acts of the Republic of Belarus, and also".

3. In part two of Article 6 of the word "other state bodies and" shall be replaced with words "other state bodies and others".

4. The paragraph the fourth "coordinates" article 7 parts two after the word to add with the word "law-enforcement".

5. In Article 9 of the word "State Control Committee" shall be replaced with words "The Investigative Committee of the Republic of Belarus, the State Control Committee".

6. The second Article 11 to add part with the second offer of the following content: "Provision of the specified data and documents is performed in the terms provided by part one of this Article.".

7. From parts two and third article 16 and the paragraph of the fifth of part one of article 20 "state" to exclude the word.

8. State Articles 17 and 18 in the following edition:

"Article 17. The restrictions set for the state official and equated to them persons

The state official has no right:

be engaged in business activity personally or through authorized representatives, render assistance to the spouse (spouse), close relatives or cousins-in-laws in implementation of business activity, using official position, to be the representative of the third parties on the questions connected with activities of state body, other organization which serving (worker) (which) it is, or the state body subordinated (subordinate) and (or) under control (under control) to he (she), other organization, and also to perform other paid work which is not connected with execution of service (labor) duties in the place of the main service (work) (except teaching, scientific, cultural, creative activities and medical practice) if other is not established by the Constitution of the Republic of Belarus;

make on behalf of the state organizations without approval of state bodies (organizations), in subordination (maintaining) of which they are (which part they are), transactions with legal entities, owners of property or affiliates of which according to legal acts of the Republic of Belarus for economic societies are his spouse (spouse), close relatives or cousins-in-laws, and also with the individual entrepreneurs who are his spouse (spouse), close relatives or cousins-in-laws, and equally to charge making of the specified transactions to other officials without such approval;

make on behalf of the non-state organizations in which authorized capital the share of state-owned property constitutes at least 50 percent transactions with legal entities, owners of property or affiliates of which according to legal acts of the Republic of Belarus for economic societies his spouse (spouse), close relatives or cousins-in-laws, and also with the individual entrepreneurs who are his spouse (spouse), close relatives or cousins-in-laws are, and equally to charge making of such transactions to other officials in defiance of the procedure established by legal acts of the Republic of Belarus for economic societies;

take part personally or through authorized representatives in management of the commercial organization, except as specified, provided by this Law and other legal acts of the Republic of Belarus;

have foreign bank accounts, except as specified accomplishment of the state functions in foreign states and other cases established by legal acts of the Republic of Belarus;

carry out the instructions concerning office (labor) activities and orders of political party, other public association which member (whom) it is (except for deputies of the House of Representatives and members of council of the Republic of National assembly of the Republic of Belarus, deputies of local councils of deputies).

By legal acts of the Republic of Belarus for government employees, and also the staff of the Investigative Committee of the Republic of Belarus, the military personnel, faces of the private and the commanding structure of law-enforcement bodies, bodies and divisions for emergency situations, bodies of financial investigations of the State Control Committee of the Republic of Belarus other restrictions can be set.

Government employees, and also staff of the Investigative Committee of the Republic of Belarus, military personnel, faces of the private and the commanding structure of law-enforcement bodies, bodies and divisions for emergency situations, bodies of financial investigations of the State Control Committee of the Republic of Belarus, the shares having in property (the share, the rights) in authorized capitals of the commercial organizations, shall in three-months time after appointment (election) to position deliver them in trust management under guarantee of the state for the period of passing of public service, service in the Investigative Committee of the Republic of Belarus, military service (service) in Armed Forces of the Republic of Belarus, other troops and military forming of the Republic of Belarus, law-enforcement bodies, bodies and divisions on emergency situations, bodies of financial investigations of the State Control Committee of the Republic of Belarus.

The state officials who are not specified in the parts three of this Article having in property of share (the share, the right) in authorized capitals of the commercial organizations, have the right personally or through authorized representatives to take part in management of these commercial organizations.

The state official shall suspend the membership in political party if according to the legislation of the Republic of Belarus execution of the state functions is incompatible with belonging to political party.

The state official who violated the commitment letter on observance of the restrictions set by parts of first or third and fifth this Article is made responsible, including relieved of the post, according to the procedure, established by legal acts of the Republic of Belarus.

Restrictions for persons equated to the state officials are established by legal acts of the Republic of Belarus.

Article 18. Restrictions on joint service (work) in the state organization of spouses, close relatives or cousins-in-laws

Restrictions on joint public service of government employees, joint service of staff of the Investigative Committee of the Republic of Belarus, the military personnel, faces of the private and the commanding structure of law-enforcement bodies, bodies and divisions for emergency situations, bodies of financial investigations of the State Control Committee of the Republic of Belarus, joint operation in the same state organization (separate division) of the other persons who are spouses, close relatives or cousins-in-laws are established by legal acts of the Republic of Belarus.".

9. Add the Law with Article of 181 following contents: "Article 181. Procedure for prevention and settlement of conflicting interests in connection with fulfillment of duties of the state official

Shall notify the state official in writing the head in whose direct subordination it is, about emergence of conflict of interest or possibility of its origin as soon as he knows of it, and has the right to declare in writing rejection from decision making, participations in decision making or the making of other actions on service (work) causing or able to cause emergence of conflict of interest. The head can not accept the rejection declared by the state official and in writing oblige the state official to make the corresponding actions on service (work). His head informs the head of state body, other organization on origin or possibility of conflict of interest and results of consideration of the rejection declared by the state official.

The head of state body, other organization who knew of origin or possibility of conflict of interest shall take without delay measures for its prevention or settlement.

For the purpose of prevention or settlement of conflicting interests the head of state body, other organization has the right:

make to the state official written recommendations of taking measures to prevention or settlement of conflicting interests;

discharge the state official of making of the actions on service (work) causing or able to cause conflict of interest in the state official;

translate the state official according to the procedure, established by the legislation of the Republic of Belarus, from position on which fulfillment of duties caused or can cause emergence of conflict of interest, to other equivalent position;

charge execution of former job responsibilities on new workplace or change, including it is temporary, job responsibilities of the state official according to the procedure, established by the legislation of the Republic of Belarus, for the purpose of prevention of conflict of interest or possibility of its origin;

take other measures, the stipulated by the legislation Republic of Belarus.

The state official, the head in whose direct subordination it is, the head of state body, other organization, allowed violation of the requirements provided by this Article bear responsibility according to legal acts of the Republic of Belarus.

The requirements provided by this Article do not extend to participants of the relations regulated by the legal acts of the Republic of Belarus establishing procedure for criminal, administrative process, constitutional, civil legal proceedings, legal proceedings in economic courts.".

10. In Article 19:

state part one in the following edition:

"The state official and equated to them persons, their spouse (spouse) and full age close relatives living together with them and conducting general economy and also the citizens of the Republic of Belarus arriving on public service, service in the Investigative Committee of the Republic of Belarus, military service under the contract, service in law-enforcement bodies, bodies and divisions on emergency situations, bodies of financial investigations of the State Control Committee of the Republic of Belarus shall represent in the cases and procedure provided by legal acts of the Republic of Belarus declarations on the income and property to the relevant state body (organization).";

in part two:

words "public service" shall be replaced with words "service (work)";

words of "government employee", "state", "its" and "state" to exclude;

to exclude from part three of the word "about the income and property, about property transactions".

11. In paragraph eight of part one of Article 21 of the word of "close relatives" shall be replaced with words "the spouse (spouses), close relatives or cousins-in-laws".

12. In Article 22 of the word of "local councils" shall be replaced with words "deputies of local councils".

13. State Article 23 in the following edition:

"Article 23. Guarantees to the physical persons promoting corruption identification

The physical person who reported about the fact of the offense connected with corruption, or otherwise promoting corruption identification is under protection of the state.

Application of measures for safety according to the procedure, established by the legislation of the Republic of Belarus is guaranteed to the physical person promoting corruption identification, his spouse (spouse), close relatives or cousins-in-laws in the presence of the sufficient data specifying that concerning them there is real threat of murder, use of violence, destruction or damage of property, implementation of other illegal actions.".

14. In Article 24:

in part one of the word "their detection" shall be replaced with words "when the state official or equated to it face knew of it";

after part two to add Article with part of the following content:

"In case of impossibility of return of property and its delivery on the duty station (work) the state official or equated to it person shall compensate its cost, and also compensate in the republican budget the cost of services which it illegally used, by money transfer in the republican budget according to the procedure, established by the legislation of the Republic of Belarus.";

the third or sixth to consider parts respectively parts of the fourth or seventh;

the fifth to add part with the second offer of the following content: "The money provided in violation of the law of the Republic of Belarus and which arrived on the bank account of members of the family of the state official or equated to it person is subject to transfer in the republican budget within ten days from the date of when the state official or equated to it face knew of it.".

15. "The state official or equated to them persons" and "state" to exclude from part one of Article 25 of the word.

Article 2. To Council of Ministers of the Republic of Belarus in three-months time:

bring decisions of the Government of the Republic of Belarus into accord with this Law;

provide reduction by the republican state bodies subordinated to the Government of the Republic of Belarus, their regulatory legal acts in compliance with this Law;

take other measures for realization of provisions of this Law.

Article 3. This Law becomes effective in three months after its official publication, except for this Article and Article 2, which become effective from the date of official publication of this Law.

 

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