On the handling of property confiscated for the benefit of the state

By Decree of the President of the Republic of Belarus of February 19, 2016 No. 63 "On improving the work with property seized, arrested or converted into state income", it was decided to abolish commissions for working with property converted into state income, transferring their functions to the Department for Humanitarian Activities of the Office of the President of the Republic of Belarus, and the Regulation was approved on the procedure for accounting, storage, valuation and sale of property seized, arrested or converted into state income.

This Regulation governs the relationship between bodies that seize, arrest property and confiscate it, and defines the procedure for valuation, accounting, ensuring the safety of its transfer for subsequent sale.

Authorized bodies are obliged to keep records of property, including that recognized as material evidence in a criminal case, in accordance with this Regulation based on the decision (act, protocol, ruling) of the authorized body on seizure and (or) arrest of property and the inventory of property (other documents of the authorized body, the compilation of which is provided for by legislation), except for cases specified in this Regulation.

The accounting by the authorized body is completed by entering the necessary information into the property accounting book in established cases. For example, in case of transfer of a criminal case to another authorized body in the manner prescribed by legislation,

except for the transfer of a criminal case to the prosecutor for referral to court; in the event of the initiation of a criminal case based on materials of an inspection submitted by an authorized body, including in the case of seizure or arrest of property in an administrative process during which the property was seized or arrested; in the case of confiscation of property from persons who have committed a crime, arrested by authorized bodies and transferred for safekeeping to the owner, another person (their representative) in the manner prescribed by clause 26 of these Regulations, as well as property for which there is a preferential order of satisfaction of claims.

Authorized bodies are obliged to take measures to ensure the safety of property from the moment of its seizure until the moment of transfer of property for safekeeping, subsequent accounting, for realization, other use or destruction, as well as realization of property. Damage caused to the state at any stage of working with property from the moment of its seizure (arrest) until the moment of realization or other use shall be recovered by the Department in accordance with the legislation in the manner established by the Regulations.

Head of the Department for Supervision of
Compliance with the Law of Judicial
Decisions in Civil Cases Irina Titkova.