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LAW OF THE REPUBLIC OF BELARUS

of July 15, 2015 No. 305-Z

About fight against corruption

It is accepted by the House of Representatives on June 26, 2015

It is approved by Council of the Republic on June 30, 2015

This Law establishes the legal basis of state policy in the field of fight against corruption, is directed to protection of the rights and freedoms of citizens, public concerns against the threats following from corruption manifestations, ensuring effective activities of state bodies, other organizations, the state official and equated to them persons by the prevention, identifications, suppression of the offenses creating conditions for corruption, and corruption offenses, elimination of their effects.

Chapter 1. General provisions

Article 1. The main terms and their determinations applied in this Law

In this Law the following main terms and their determinations are applied:

corruption - intentional use by the state official or equated to it person or foreign official of the official position and related opportunities for the purpose of illegal receipt of property or other benefit in work type, services, protection, the promise of benefit to themselves or for the third parties, and equally in bribery of the state official or equated to it person or foreign official by provision by it of property or other benefit in work type, services, protection, promises of benefit to them or for the third parties this the state official or equated to it person or the foreign official made actions or refrained from their making in case of execution of the service (labor) duties, and also making of the specified actions from name or for the benefit of the legal entity, including foreign;

the state officials - the President of the Republic of Belarus, deputies of the House of Representatives of National assembly of the Republic of Belarus, 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 on public service extends (further - government employees); staff of the Investigative Committee of the Republic of Belarus; staff of the State committee of judicial examinations of the Republic of Belarus; persons, it is permanent or temporary or on special power the holding positions, including military, 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 belonging according to legal acts to officials (further - the military personnel, 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); deputy managers of local councils of deputies; persons, it is permanent or temporary or on special power the holding positions connected with accomplishment organizational and administrative or administrative type duties in the state organizations and the organizations in which authorized capitals 50 and more percent of shares (shares) are in property of the state and (or) its administrative and territorial units;

the state officials holding responsible position - the President of the Republic of Belarus, the President of Chamber of representatives and the Chairman of the board of the Republic of National assembly of the Republic of Belarus, the Prime Minister of the Republic of Belarus and their deputies, heads of state bodies, directly subordinate or accountable to the President of the Republic of Belarus, Parliament of the Republic of Belarus, the Government of the Republic of Belarus, and their deputies, other state officials whose positions are included in personnel registers of the Head of state of the Republic of Belarus and Council of Ministers of the Republic of Belarus; heads of local councils of deputies, executive and administrative organs and their deputies; judges; prosecutors of areas, the city of Minsk, prosecutors of areas, areas in the cities, the cities, the interdistrict and equated to them transport prosecutors and their deputies; chiefs of investigative divisions, bodies of inquiry and their deputies (except for captains of ocean or river crafts, commanders of the aircrafts which are outside the Republic of Belarus and their deputies), investigators; heads of bodies of the State Control Committee of the Republic of Belarus, internal affairs, state security, border service, customs, tax authorities and their deputies;

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, except for deputy managers of local councils of deputies; the citizens registered in the procedure established by the law by candidates for president of the Republic of Belarus in deputies of the House of Representatives, in members of council of the Republic of National assembly of the Republic of Belarus, in 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 organizational and administrative or administrative type duties, 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;

foreign officials are officials of foreign states, members of foreign public meetings, officials of the international organizations, members of the international parliamentary meetings, judges and officials of international courts;

persons which arrived on public service by election - the members of council of the Republic of National assembly of the Republic of Belarus elected in accordance with the established procedure performing the powers on professional basis, deputies of the House of Representatives of National assembly of the Republic of Belarus;

executive position - the position of the head or deputy manager of the organization, other worker performing organizational and administrative (leading, organizing, directing, coordinating and controlling) functions in relation to the organization, its structural divisions, workers and activities;

property - immovable and movable things (including money and securities), other property, including the property rights established by the civil legislation;

close relatives are the parents, children including adopted (adopted) adoptive parents (adopters), brothers and sisters, the grandfather, the grandma, grandsons;

cousins-in-laws are close relatives of the spouse (spouse);

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);

the state organizations - the unitary enterprises, organizations, national associations and other legal entities whose property is in property of the state or its administrative and territorial unit and it is assigned to them on the right of economic maintaining or operational management;

income - any money, including the loans, and also other property received by physical persons from citizens of the Republic of Belarus, foreign citizens, stateless persons and the organizations;

cohabitation and maintaining general economy - accommodation in one premises and maintaining general economy in case of complete or partial consolidation and expenditure of the money and other property;

the object which is not completed by construction - the capital structure (the building, construction) and other property which construction is authorized according to acts of the legislation, but is not complete (which construction proceeds, it is suspended, stopped or preserved) or the construction of which is complete, but these objects are not registered according to the procedure, established by acts of the legislation;

expenses - any money and other property of physical persons directed by them to property acquisition, payment for work, services, and also used on other purposes.

Article 2. Legislation on fight against corruption

The legislation on fight against corruption is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation, and also international treaties of the Republic of Belarus.

Responsibility for the offenses creating conditions for corruption and corruption offenses is established by the Code of the Republic of Belarus about administrative offenses, the Criminal code of the Republic of Belarus and other legal acts.

Article 3. Subjects of the offenses creating conditions for corruption, and corruption offenses

Subjects of the offenses creating conditions for corruption are:

state officials;

persons equated to the state officials.

Subjects of corruption offenses are:

state officials;

persons equated to the state officials;

foreign officials;

persons performing bribery of the state official or equated to them persons or foreign officials.

Article 4. Principles of fight against corruption

Fight against corruption is based on the principles:

legality;

justice;

equality before the law;

publicity;

priority of measures of the prevention of corruption;

inevitability of responsibility;

personal guilty liability;

humanity.

Article 5. System of measures of fight against corruption

Fight against corruption is performed by state bodies and other organizations by means of complex application of the following measures:

planning and coordination of activities of state bodies and other organizations for fight against corruption;

establishments of restrictions, and also the special requirements aimed at providing financial control concerning the state official and equated to them persons for the purpose of prevention of manifestations of corruption and their identification;

providing legal regulation of activities of state bodies and other organizations, state and public control, and also supervision of these activities;

enhancement of system of state bodies, personnel work and the procedure of the solution of the questions providing protection of the rights, freedoms and legitimate interests of physical persons and legal entities;

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 provided by acts of the legislation;

recoveries of the violated rights, freedoms and legitimate interests of physical persons and legal entities, liquidations of other harmful effects of the offenses creating conditions for corruption, and corruption offenses;

establishments of legal prohibitions for the purpose of differentiation of service (labor) duties and private, group and other official state off-duty interests and persons equated to them;

provisions in the procedure established by legal acts to the state official and equated to them persons of the guarantees and compensations connected with the restrictions established by this Law and other legal acts in the field of fight against corruption;

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