of August 2, 2013 No. 682
About approval of the Regulations on financial responsibility of faces of the private and the commanding structure of the Investigative Committee of the Republic of Belarus
Based on Item 8-1 of the Regulations on procedure for the service in the Investigative Committee of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of November 10, 2011 No. 518 "Questions of the Investigative Committee of the Republic of Belarus", the Council of Ministers of the Republic of Belarus DECIDES:
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of August 2, 2013 No. 682
1. This Provision establishes the bases and procedure for attraction to financial responsibility of faces of the private and the commanding structure of the Investigative Committee of the Republic of Belarus (further - the Investigative Committee) 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, inventory items, ware property, buildings, constructions and other property, including the money, securities which are in state-owned property;
divisions of the Investigative Committee – central office of the Investigative Committee, management of the Investigative Committee on areas and Minsk, district (interdistrict), city, district departments of the Investigative Committee, organization of formation of the Investigative Committee in the cities;
chiefs of divisions of the Investigative Committee are the immediate and higher superiors having the right on the official position to give to subordinate employees orders and to require their execution;
the delinquent behavior of face of the private or the commanding structure of the Investigative Committee (further – the employee) – act (action or failure to act) of the employee in case of which it does not perform or inadequate image fulfills the service duties established by acts of the legislation, including the Disciplinary charter of the Investigative Committee of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of November 10, 2011 No. 518 "Questions of the Investigative Committee of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2011, No. 128, 1/13068), the Oath of the employee of the Investigative Committee of the Republic of Belarus which text is approved by the Presidential decree of the Republic of Belarus of November 10, 2011 No. 518, and also conditions of the contract on service signed with it in the Investigative Committee and orders of chiefs of divisions of the Investigative Committee;
the actual damage – loss or damage of property, and also expenses which the division of the Investigative 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;
illegality 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 division of the Investigative Committee is not allowed.
7. In case of causing damage by the employee in case of execution of the illegal order of the chief of division of the Investigative Committee 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.
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 Chairman of the Investigative Committee;
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;
intentional destruction, either intentional damage (spoil), or other intentional actions irrespective of whether they contain essential elements of offense or administrative 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.
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;
chiefs of divisions of the Investigative Committee - 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) non-compliance with the procedure for storage of property established by the legislation, rejection of necessary measures for prevention of its plunder, destruction, damage (spoil).
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