RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 22, 2016 No. 45

About approval of the Regulations on procedure for delivery, accounting, storage, assessment and realization of the property, including gifts received by the state official or equated to it person with violation of the procedure established by legal acts in connection with execution of the service (labor) duties by it

According to part two of Article 40 and the paragraph third article 49 of the Law of the Republic of Belarus of July 15, 2015 "About fight against corruption" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on procedure for delivery, accounting, storage, assessment and realization of the property, including gifts received by the state official or equated to it person with violation of the procedure established by legal acts in connection with execution of the service (labor) duties by it.

2. This resolution becomes effective since January 24, 2016.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 22, 2016 No. 45

Regulations on procedure for delivery, accounting, storage, assessment and realization of the property, including gifts received by the state official or equated to it person with violation of the procedure established by legal acts in connection with execution of the service (labor) duties by it

1. This Provision determines procedure for delivery, accounting, storage, assessment and realization of the property, including gifts received by the state official or equated to it person with violation of the procedure established by legal acts in connection with execution of the service (labor) duties by it (further if other is not determined, - property).

2. For the purposes of this provision terms and their determinations in the values established by the Law of the Republic of Belarus of July 15, 2015 "About fight against corruption" are used (The national legal Internet portal of the Republic of Belarus, 23.07. 2015, 2/2303).

3. The state official or equated to it person shall notify in writing in the form of the statement state body, other organization in which specified persons serve or perform labor activity, about all cases of receipt of property with violation of the procedure established by legal acts in connection with execution of the service (labor) duties by it and gratuitously to hand over it on the duty station (work).

The statement for receipt of property (further if other is not determined, - application) is issued in any form and within three working days from the date of receipt of property (when obtaining it in the time spent on official journey - within three working days after return from it, excepting day of arrival) it is submitted:

in state bodies, other organizations in which according to the Law of the Republic of Belarus "About fight against corruption" the commissions on anti-corruption are created, - to the official authorized by the head of state body or other organization from among members of such commission;

in state bodies in which according to legal acts special divisions on fight against corruption are created or in structure of central offices of which there are divisions of own safety, - to the official of this division authorized by the head of state body;

in other state bodies, the organizations falling under operation of the Law of the Republic of Belarus "About fight against corruption" - to the official authorized by the head of state body or organization.

The documents (in case of their availability) confirming property value (the payment document, the sales receipt, other document) are enclosed to the application.

4. Registration of a statement is made by the authorized officer specified in paragraphs the second or fourth to Item part two 3 this provision in day of its giving in the magazine of registration of statements about receipt of property.

In the magazine of registration of statements about receipt of property the name of property, its short description and circumstances of obtaining, position, surname, name, middle name (if that is available) persons submitting and adopting the statement are reflected and their signatures are put down, in the note other information is reflected.

Along with filing of application the state official or equated to it person in the presence of the called authorized officer gives property to storage to the responsible person according to the procedure, established by the head of state body or other organization. At the same time the act of reception-transmission of property in triplicate is drawn up. One copy is transferred to person who checked property, the second copy - to the responsible person which accepted property on storage, the third copy - to the authorized officer.

5. The authorized officer specified in paragraphs the second or fourth to Item part two 3 this provision within seven working days from registration date of the statement in writing informs the head of state body or other organization on the fact of receipt of property and makes the offer on its further use.

6. The head of state body or other organization makes the decision on the organization of assessment work of property for the subsequent acceptance it to financial accounting.

7. Assessment of property is made by person to whom the head of state body or other organization assigns conducting financial accounting and creation of the reporting (chief accountant), and in the absence of the documents specified in Item part three 3 this provision - the commission on assessment of property created from number of persons employed of state body, other organization.

If necessary for assessment of property the corresponding specialists (experts) can be attracted on contractual basis.

The result of evaluating property is drawn up by the act or the conclusion and the report in the procedure established by the legislation.

8. In the absence of the documents specified in Item part three 3 this provision, the commission on property assessment within fourteen working days from the date of acceptance by the head of state body or other organization of the decision on the organization of assessment work of property makes its assessment based on market value or cost of similar property in comparable conditions.

In case of assessment of the property made of precious metals and their alloys, gemstones (jewelry or household products) the skupochny prices according to the procedure established by the Ministry of Finance are applied.

9. In case of inexpediency of use of property in state body, other organization the decision on its realization is made according to the legislation.

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