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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of August 27, 2012 No. 789

About approval of the Regulations on financial responsibility of faces of the private and the commanding structure of law-enforcement bodies of the Republic of Belarus and entering of amendments into the resolution of Council of Ministers of the Republic of Belarus of December 28, 2006 No. 1737

(as amended of the Resolution of Council of Ministers of the Republic of Belarus of 12.05.2017 No. 345)

Based on Item 10 of the Regulations on service in law-enforcement bodies of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of March 15, 2012 No. 133 "About questions of service in law-enforcement bodies of the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on financial responsibility of faces of the private and the commanding structure of law-enforcement bodies of the Republic of Belarus.

2. Bring in Item 20 of the list of documents according to which collection is made in indisputable procedure based on executive texts, the Council of Ministers of the Republic of Belarus approved by the resolution of December 28, 2006 No. 1737 (The national register of legal acts of the Republic of Belarus, 2007, No. 5, 5/24450; 2011, No. 128, 5/34754), following amendments:

part one after the word of "service" to add with the words "from service in law-enforcement bodies";

part the second after words of "service", and "institution" to add respectively with the words "from service in law-enforcement bodies", and "internal affairs".

3. To the Ministry of Internal Affairs in three-months time to bring the regulatory legal acts into accord with this resolution, and also to take other measures for its realization.

4. This resolution becomes effective after its official publication.

Prime Minister of the Republic of Belarus

M. Myasnikovich

Approved by the Resolution of Council of Ministers of the Republic of Belarus of August 27, 2012 No. 789

Regulations on financial responsibility of faces of the private and the commanding structure of law-enforcement bodies of the Republic of Belarus

Chapter 1. General provisions

1. This Provision establishes the bases and procedure for attraction to financial responsibility of employees - persons of the private and the commanding structure of law-enforcement bodies of the Republic of Belarus (further - employees) for the material damage caused by them to the state on duty (further, unless otherwise specified, - 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, ammunition, fuel, lubricants, special liquids, food, ware property, buildings, constructions and other property, including the money, securities which are in state-owned property;

chiefs of law-enforcement bodies of the Republic of Belarus - the direct and immediate superiors having the right on the official position or special rank to give to subordinate employees orders and to require their execution;

the delinquent behavior of the employee - act (action or failure to act) of the employee in case of which he does not carry out or carries out inadequate image the service duties established by acts of the legislation, including the Disciplinary charter of law-enforcement bodies of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of May 29, 2003 No. 218 (The national register of legal acts of the Republic of Belarus, 2003, No. 62, 1/4637), the Oath of faces of the private and the commanding structure of law-enforcement bodies of the Republic of Belarus which text is approved by the Presidential decree of the Republic of Belarus of May 29, 2003 No. 218, and also conditions of the contract on service signed with it in law-enforcement bodies of the Republic of Belarus and orders of chiefs;

the actual damage - loss or damage of property, and also expenses which the law-enforcement body of the Republic of Belarus (further - law-enforcement body) made or will shall make for recovery of the violated right.

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

the material damage caused to the state by the employee in case of execution of service duties by it;

illegalities of behavior of the employee;

direct causal relationship between delinquent behavior of the employee and damage;

fault of the employee in damnification.

4. Compensation of damage is made irrespective of involvement of the employee to which the damage, to disciplinary, administrative or criminal liability for delinquent behavior is caused.

5. In case of damage assessment only the actual damage is considered, the lost profit is not considered.

6. Involvement of the employee to liability for the damage caused in case of execution of the order of the chief of law-enforcement body and also as a result of lawful actions is not allowed.

7. In case of causing damage by the employee in case of execution of the illegal order of the chief of law-enforcement body responsibility is conferred on the chief who gave such order.

8. The employee 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 employee involvement to financial responsibility and its sizes

9. Employees bear financial responsibility in complete extent of damage in cases if the damage is caused:

the employee with whom the written agreement about full financial responsibility, for failure to provide of safety of property and other values transferred to it for storage or other purposes is signed. The approximate form of the agreement on full financial responsibility affirms the Ministry of Internal Affairs (далееМВД);

the employee to whom the property was 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 employee from criminal liability on not rehabilitating bases does not exempt it from financial responsibility;

intentional destruction or intentional damage (spoil) or other intentional actions irrespective of whether they contain essential elements of offense;

shortage of the property issued to the employee in use for execution of service duties;

the employee who was in condition of alcoholic, drug or toxic intoxication.

10. The limited financial responsibility is born:

employees, in the paragraphs three except for specified and the fourth this Item, - in the amount of damage, but not over average monthly cash allowance *, for spoil or destruction due to negligence of the property issued to them in use for execution of service duties;

cadets of organizations of formation of the Ministry of Internal Affairs - in the amount of damage, but not over one basic size, for spoil or destruction due to negligence of the property issued to them in use for execution of service duties;

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