RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 30, 2013 No. 856

About financial responsibility of faces of the private and the commanding structure of the State committee of judicial examinations

In pursuance of Item 5 of the Presidential decree of the Republic of Belarus of July 1, 2013 the Council of Ministers of the Republic of Belarus DECIDES: No. 292 "Questions of the State committee of judicial examinations of the Republic of Belarus"

1. Approve Regulations on financial responsibility of faces of the private and the commanding structure of the State committee of judicial examinations of the Republic of Belarus it (is applied).

2. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 29.06.2016 No. 507

3. This resolution becomes effective after its official publication.

The Resolution of Council of Ministers of the Republic of Belarus of September 30, 2013 is approved No. 856

Regulations on financial responsibility of faces of the private and the commanding structure of the State committee of judicial examinations of the Republic of Belarus

Chapter 1. General provisions

1. This Provision developed according to Item 10 of the Regulations on procedure for the service in the State committee of judicial examinations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of July 1, 2013 No. 292, establishes the bases and procedure for attraction to financial responsibility of employees – persons of the private and the commanding structure of the State committee of judicial examinations (further – employees) 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, ammunition, fuel, lubricants, special liquids, food, ware property, buildings, constructions and other property, including the money, securities which are in state-owned property;

chiefs – the direct and immediate superiors having the right on the official position or special rank to give to subordinate employees orders (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 the State committee of judicial examinations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of July 1, 2013 No. 292, and also conditions of the contract on service signed with it in the State committee of judicial examinations (further – the State committee) and orders (orders) of chiefs;

the actual damage – loss or damage of property, and also expenses which the State committee 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 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 (order) of the chief 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 (order) of the chief responsibility is conferred on the chief who gave such order (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 in form according to appendix, for failure to provide of safety of property and other values transferred to it for storage or other purposes is signed;

the employee 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 employee from criminal liability on not rehabilitating bases does not exempt it from financial responsibility;

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

the chiefs having special rank - 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 plunder, 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 employee on the first of decision making about compensation of damage.

Chapter 3. Damage assessment and procedure for its compensation

11. Damage assessment is made according to the procedure, established by the Chairman of the State committee.

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