The prosecutor's offices of the Vitebsk region conducted a planned inspection of compliance with the requirements of the legislation at KUP "Vitebskobldorstroy".
The results of the inspections showed that the enterprise, as well as its branches, lack a unified law enforcement practice, and violations of the requirements of the said legislation are allowed.
The heads of the branches do not fully ensure the implementation of the provisions of the legislation on the procedure for carrying out transport activities. The requirements of Article 34 of the Law of the Republic of Belarus "On Roads and Road Activities" are not fully observed in terms of ensuring compliance with road traffic safety requirements during the repair and development (construction, reconstruction) of roads; taking measures to preserve roads, maintaining them in a condition that ensures safe vehicle movement, and others.
Violations of road maintenance rules create prerequisites for accidents, negatively affect the efficiency of freight and passenger transportation, and can cause damage to the property interests of the state.
During the inspection of compliance with the requirements of the legislation in the implementation of contractual, claim and legal work by road construction companies, facts of untimely sending of claims to debtors for the recovery of accrued debt under contracts were revealed; in cases of untimely payment for work performed (services rendered), the penalty provided for by the contract or law is not always charged and recovered.
Facts of concluding and executing economic contracts on clearly unfavorable terms (without prepayment, in the presence of unfulfilled obligations under previously concluded contracts, etc.) were noted.
Violations of the requirements of Directive No. 1 of the President of the Republic of Belarus dated March 11, 2004 "On Measures to Strengthen Public Safety and Discipline" in terms of
prevention of drunkenness in the workplace. The work of the prevention councils of the branches is not organized at the proper level, is reduced to formalism, and proper measures to counteract drunkenness are not taken.In addition, the inspection revealed a number of gross violations of labor and labor protection legislation at the branches of Verkhnedvinskoye DRSU-143, Miorskoye DRSU-203, "Vitebskdorproekt", Polotskoye DRSU-182, Sharkovshchinskoye DRSU-131, Dubrovenkoye DRSU-108, Chashnikskoye DRSU-183, Shumilinskoye DRSU-204, as well as at the head enterprise KUP "Vitebskobeldorstroy".
Systemic violations of the procedure for registration, accounting and consideration of citizens' appeals occur. The inspection of compliance with the requirements of the legislation on citizens' appeals established that in the organizations of the road construction industry, formalism and red tape have not been eradicated.
Violations of legislative requirements regarding waste management were also identified. In particular, in violation of the requirements of subclauses 1.2 of clause 1 of Article 17 of the Law of the Republic of Belarus "On Waste Management" (hereinafter referred to as the Law), before the start of the inspection, the head of KUP "Vitebskobeldorstroy" did not appoint persons responsible for waste management; the enterprise did not keep records of waste; state statistical reporting on waste generation in 2016 was not submitted, and other violations.
The cause of the noted violations was ignorance, and sometimes disregard, of the current legislation, the absence of effective control over the work of subordinates, and the low demands of managers.
Based on the results of the inspection, district prosecutors submitted 16 submissions, issued 8 orders, 1 official warning, and 1 official was brought to administrative liability.
The regional prosecutor's office also prepared a consolidated submission to the General Director of KUP "Vitebskobeldorstroy", issued an official warning, and sent instructions on the preparation of cases on administrative offenses.
Prosecutor of the Department for Supervision of
Legislation Enforcement
and Legality of Legal Acts, Victoria Khrol