On the results of the inspection of compliance with the legislation on the preservation of agricultural machinery

The regional prosecutor's office conducted an inspection of the actual availability, condition, operating and storage conditions, preservation, and release of agricultural machinery in the region's farms.

The results of the supervisory activities indicate that officials everywhere exhibit an irresponsible attitude towards preparing machinery for agricultural work, equipping it with spare parts and fire extinguishing agents, supplying fuel and lubricants, and preserving property. The commission of offenses in the agricultural sector is often facilitated by mismanagement, negligent performance of duties by farm workers, managers, and responsible persons of agricultural enterprises, as well as the lack of proper control by district agricultural departments.

During the inspection of agricultural machinery in February-March of the current year, law enforcement agencies of the Vitebsk region consistently identified violations of accounting procedures, write-off procedures, dismantling, and operation of vehicles in farms. For 36 cases of violations of agricultural machinery accounting procedures concerning officials and employees of agricultural enterprises, inspections are being organized in accordance with Article 174 of the Criminal Procedure Code of the Republic of Belarus, and 1 criminal case has been initiated (regarding the theft of a combine harvester from OJSC "Vostok-Chirino" in the Dubrovno district).

For example, 5 cases of shortage of agricultural machinery were identified (Y. Smirnov SHF of OJSC "Orshansky KHP", OJSC "Kamanina" of the Dubrovno district, KUSHP "Kashchinskoye" of the Chashniksky district, OJSC "Znamya Pobedy-Agro", OJSC "Kamaysky-Agro" of the Postavy district); 15 cases of discrepancies between accounting data and the actual availability of agricultural machinery units (OJSC "Barsuchanka" of the Dokshitsky district, OJSC "Yakubovo-Agro" of the Dubrovno district, OJSC "Zadrovye" of the Orsha district, CJSC "ASB-Agro Novator", GP "Svytino-VMK", "Politotdel-Agro", "Beshenkovichi agroservice" of the Beshenkovichi district, OJSC "Braslavsky rayagroservice", OJSC "Novaya Gvardiya" of the Braslav district, OJSC "Polotsk agroservice", KUSHP

«Zakharnichi» of Polotsk district, OJSC «Verenki-Agro» of Postavy district, OJSC «Tolochinsky Rayagropromservice», UKSP «Rydomlsky», OJSC «Zvezdny Agro» of Tolochin district); 14 cases of vehicle dismantling (OJSC «Ushachsky Rayagropromservice» of Ushachi district, CJSC «ASB-Agro Novator», «Politotdel-Agro», KSUUP «Drozd-Agro» of Beshenkovichi district, PUPSKS «Yubileyny» of Miory district, OJSC «Prozemle-Agro», KUSHHP «Chashnikskoye», OJSC «Ivansky-Agro» of Chashniki district, KUSHHP «Experimental Base Tulovo» of Vitebsk district, SPC «Androny», KUSP «Dunilovichi-Agro», OJSC «Golubye Ozera-Agro» of Postavy district, UP «Tolochinskaya Novinka», UP «Pedigree Farm «Reconstructor» of Tolochin district); 1 case of tractor fire KUSHHP «Vymno» of Vitebsk district, 1 case of tractor sale OJSC «Cheresy» of Miory district.

Prosecutor's inspections, carried out as part of control, have currently established that the safety of equipment is still not ensured in all agricultural organizations. Negligence and a careless attitude to the performance of labor duties by farm workers often contribute to offenses in the agricultural sector. The management and specialists of agricultural enterprises do not take sufficient measures to ensure the safety of property, and inefficient use of material and labor resources is allowed.

Thus, facts of concealment of equipment damage have been established. In particular, in OJSC «Nurovo» of Verkhnedvinsk district, tractor K-744 R-1 with traces of fire was discovered by prosecutors. The accident was not officially documented, and no repairs or write-offs of the vehicle were carried out. The district prosecutor organized an inspection in accordance with Art. 174 of the Criminal Procedure Code of the Republic of Belarus on 07/15/2016.

In OJSC «Chashniksky Rayagropromservice», a tractor «Belarus 320.4» with traces of damage to the front part, headlights, and rear lights was found. The head of the farm was issued a relevant representation with a demand to bring the perpetrators to material responsibility, which is under consideration.

The prosecutor's office of Rossony district revealed a case of operation

КУП "Selyavschina" MTZ tractors, previously belonging to KUSKhP "Sokol", without documentary registration. At the request of the district prosecutor's office, the tractor was properly accounted for.

Also, in OJSC "Rossonsky agroservice" and KUP "Selyavschina" of the mentioned district, 2 written-off tractors were found, the components and parts of which, suitable for operation, were not put on record and were not handed over to the warehouse.

In OJSC "Lepelagroservis", equipment transferred to the balance sheet on 01.05.2016 from the liquidated OJSC "Lepel-len" has not yet been put on record and registered. At the same time, on 03.05.2016, UP "Lepelchanka" was established from OJSC "Lepelagroservis", to which, according to the separation balance sheet, a part of the agricultural machinery was transferred. At the time of the monitoring, the officials of the farms could not indicate the location of the vehicles. The Lepel district agricultural department did not provide assistance to the farms in organizing the accounting and registration of vehicles, and control is not carried out.

In order to improve the management of economic societies, the shares (stakes in authorized capital) of which are in the communal property of the districts, the district executive committees carry out owner supervision. However, in practice, the participation of state representatives is most often limited to work at the general meeting of the society's participants and the supervisory board, where issues of appointing the society's director, granting him leave, paying bonuses, and other issues on which the position is agreed with the body exercising owner supervision are considered.

Based on the results of this inspection, the district prosecutors have prepared 11 submissions on eliminating violations of legislation on property preservation, 2 orders have been issued, 1 protest has been filed, 2 persons have been officially warned, and 2 persons have been brought to administrative responsibility. The Vitebsk Regional Prosecutor's Office has submitted a representation on eliminating violations of the requirements of legislation on the preservation of agricultural machinery, the causes and conditions contributing to them.

Senior Prosecutor of the Department of the Vitebsk Regional Prosecutor's Office Olga Gritskevich.