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RESOLUTION OF THE STATE COMMITTEE OF JUDICIAL EXAMINATIONS OF THE REPUBLIC OF BELARUS

of February 2, 2016 No. 7

About procedure for use of polygraph in case of acceptance on service (work) in the State committee of judicial examinations of the Republic of Belarus

Based on paragraphs of the thirteenth and thirty second of article 11 of the Law of the Republic of Belarus of July 15, 2015 "About the State committee of judicial examinations of the Republic of Belarus" the State committee of judicial examinations of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for use of polygraph in case of acceptance on service (work) in the State committee of judicial examinations of the Republic of Belarus.

2. Declare invalid the resolution of the State committee of judicial examinations of the Republic of Belarus of May 2, 2014 No. 5 "About approval of the Instruction about procedure for holding poll with use of polygraph in case of candidate screen on service in the State committee of judicial examinations of the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 06.06. 2014, 7/2771).

3. This resolution becomes effective after its official publication.

Chairman major general of justice

A.I.Shved

 

Approved by the Resolution of the State committee of judicial examinations of the Republic of Belarus of February 2, 2016 No. 7

The instruction about procedure for use of polygraph in case of acceptance on service (work) in the State committee of judicial examinations of the Republic of Belarus

Chapter 1. General provisions

1. This Instruction establishes procedure for use of polygraph in case of acceptance on service (work) in the State committee of judicial examinations of the Republic of Belarus (further - the State committee of judicial examinations), including receipts of consent of candidates for service (work) for the State committee of judicial examinations (further - the candidate) on use of polygraph.

2. For the purposes of this Instruction the following main terms and their determinations are applied:

poll with use of polygraph (further - poll) - the talk with the candidate with fixing of its psychophysiological parameters (reactions) with subsequent assessment of its emotional pressure for the shown verbal and nonverbal irritants which had by special techniques;

polygraph - the technical tool used when carrying out tool psychophysiological researches for synchronous registration of parameters of breath, cardiovascular activity, electric resistance of skin and also with need and possibility of other physiological parameters with the subsequent representation of results of registration of these parameters in the analog or digital form intended for assessment of reliability of the given information;

the specialist in holding poll (further - the polygraphologist) - the official of the State committee of judicial examinations who received the corresponding specialty and qualification or had special training.

3. The polygraph in case of acceptance on service (work) in the State committee of judicial examinations is used in the course of the survey conducted for identification perhaps suppressed circumstances and the facts which can be the basis for professional unfitness to service (work).

4. Survey results have probabilistic and advisory character and have the orienting value, and also can form the basis for carrying out additional studying of the candidate. Based on survey results concerning the interviewed candidate the measures infringing him the rights and legitimate interests cannot be taken.

Information obtained during the poll cannot be used as the proof of making by the candidate of any illegal actions.

5. Poll promotes:

to identification of negative motives of revenues to service (work) in the State committee of judicial examinations;

to refining of biographical particulars (use of false documents, concealment of autobiographical data and another);

to identification of harmful bents and some features of behavior (tendency to sadism, autoaggression and another);

to identification of other facts and circumstances interfering acceptance on service (work) in the State committee of judicial examinations.

Chapter 2. Procedure for preparation of poll

6. Survey is conducted at the initiative of the Chairman of the State committee of judicial examinations, his deputies, chiefs of managements of the State committee of judicial examinations on areas and Minsk, the head of department of personnel and ideological work of central office of the State committee of judicial examinations and chiefs of personnel departments and ideological work of managements of the State committee of judicial examinations on areas and Minsk.

7. The official of management of personnel and ideological work of central office of the State committee of judicial examinations, personnel department and ideological work of management of the State committee of judicial examinations on area, Minsk or other official to whom the Chairman of the State committee of judicial examinations, by his deputies, chiefs of managements of the State committee of judicial examinations on areas and Minsk charges the organization of holding poll (further - the organizer of holding poll) prepares task for holding poll with use of polygraph in form according to appendix 1.

8. The task for holding poll affirms one of the following officials:

Chairman of the State committee of judicial examinations;

the vice-chairman of the State committee of judicial examinations in case of holding poll on its initiative;

the head of department of the State committee of judicial examinations on area, Minsk in case of holding poll on its initiative or at the initiative of the personnel manager and ideological work of the relevant management of the State committee of judicial examinations on area, Minsk.

9. By preparation for holding poll the organizer of holding poll shall provide to the polygraphologist necessary biographical particulars, and also other information concerning specific features of the identity of the candidate.

10. The polygraphologist gets acquainted with the provided materials and information, studies features of the identity of the candidate then determines conditions for high-quality holding poll.

Test questions for presentation to candidates when holding poll are constituted by the polygraphologist by results of studying of the materials (information) which are available concerning the candidate and approved by the organizer of holding poll.

Chapter 3. Procedure for holding poll

11. Survey is conducted only after autographic creation by the candidate of the statement for voluntary consent to holding poll with use of polygraph (further - the statement) in form according to appendix 2.

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