Novellas on the use of state property for personal and other non-official purposes

 From 08.06.2023, the Resolution of the Council of Ministers of 05.06.2023 No. 373 "On the Use of Property for Personal and Other Non-Official Interests" (hereinafter – the Resolution), which defines the procedure and conditions for the use of state property for personal and non-official purposes, has entered into force.

 As a general rule, a public official (hereinafter – PO) is not entitled to use financial, material, technical, and informational support means, other property (hereinafter – property) provided to him for the performance of official (labor) duties for personal and other non-official interests (para. 11, part 1, Art. 17 of the Law of the Republic of Belarus "On Combating Corruption").

The Resolution establishes exceptions to the general rule, giving the PO the right to use property provided to him for the performance of official (labor) duties only in case of subsequent reimbursement of expenses actually incurred by the organization in connection with the use of property for personal and other non-official interests.

At the same time, the exceptions apply to POs working in state organizations and organizations with a predominant state share in the property of such organizations, and do not apply to POs of state bodies, administrations of free (special) economic zones, and budgetary organizations not engaged in income-generating activities, unless otherwise provided by legislative acts.

The Resolution also defines the procedure for documenting the provision of such property. In particular, it is provided to the PO on the basis of a corresponding written decision of the head of the organization (employer), which is made based on the results of consideration of a motivated request of this person, submitted in writing to the head of the organization.

It should also be noted that the Resolution defines four conditions that must be observed by the PO when using the property provided to him:

  • property
    • used for its intended purpose;
  • the use of property is not related to the conduct of activities prohibited by law and is not aimed at obtaining profit by the official, receiving benefits or other advantages;
  • the use of property does not impede the normal activities of the organization and the performance by the official of their official (labor) duties;
  • the official does not have the opportunity to obtain property for use under a service agreement, lease (rental).

In case of loss, damage or destruction of property provided for use in personal and other non-official interests, the official shall be liable in accordance with the legislation.

Senior Prosecutor of the Department of the Vitebsk Regional Prosecutor's Office for Combating Corruption and Organized Crime E.A. Nesterenko