Current declaration issues

It should be reminded that the establishment of restrictions and special requirements aimed at ensuring financial control over public officials and persons equated to them is, in accordance with Article 5 of the Law of the Republic of Belarus of 15.07.2015 No. 305-Z "On Combating Corruption", one of the measures to counter corruption manifestations in state bodies and other organizations.

The procedure for declaring income and property is defined by Chapter 4 of the Law "On Combating Corruption".

However, prosecutors annually identify numerous violations of the declaration procedure committed by obligated persons: both civil servants, and law enforcement officers, and heads of state organizations.

For example, in 2020, the prosecutor's offices throughout the republic established more than 500 facts of violations in this area, of which 13% (65) were committed in the Vitebsk region.

The most common violations were: failure to submit a declaration within the period established by law; non-disclosure or incomplete disclosure of income, namely: insurance payments, winnings at bookmakers, interest income from the cost of goods ("cash-back"), gift certificates, money transfers, including from abroad, benefits (including burial allowances), funds received from renting out housing, compensation payments to donors, income from the sale of property (real estate, vehicles), including on online classified platforms ("Kufar"), inheritance, alimony, income from the sale of agricultural products, carrying out craft activities, agro-ecotourism; non-disclosure of property owned (real estate, vehicles, shares in authorized capital); indication of unreliable information about the value of property; as well as other numerous shortcomings in filling out the declaration (unreliable information about the dateand state registration of immovable property, the method of its obtaining, etc.).

Pursuant to Art. 34 of the Law "On Combating Corruption", a violation of the procedure for declaring income and property (failure to submit a declaration of income and property or inclusion of incomplete and/or unreliable information therein) is grounds for bringing to disciplinary responsibility, up to dismissal from the position held (termination of employment), taking into account the norms of Part 8 of this Article.

In this case, if a fact of intentional concealment or distortion of information subject to mandatory declaration is established, the actions of the obligated person may be qualified in accordance with paragraph 7 of Part 1 of Art. 25 of the Law "On Combating Corruption" as offenses that create conditions for corruption.

In addition, a violation of the procedure for declaring income and property under certain circumstances may entail administrative responsibility in accordance with Art. 23.9 of the Code of Administrative Offenses (in the past year, more than 50 officials in Vitebsk region have been brought to justice under the specified article).

Pursuant to sub-clause 6.22 of clause 6 of the Decree of the President of the Republic of Belarus of December 15, 2014 No. 5 "On Strengthening Requirements for Managers and Employees of Organizations", intentional inclusion of incomplete or unreliable information in the income and property declaration is attributed to the grounds for early termination of the employment contract (contract) and is a discrediting circumstance for dismissal.

We agree that the requirements of the legislation in the field of declaration oblige us to be extremely open when filling out declarations to avoid negative consequences.

Be attentive, comply with the Law!

Head of the Department for Combating Corruption

and Organized Crime

of the Regional Prosecutor's Office

Evgeny Lapkovsky