Prosecutor's offices in defense of the legitimate interests of citizens and the state

An important area of prosecutorial activity is the supervision of the enforcement of legislation on citizens' and legal entities' appeals, and compliance with the Head of State's Directive of 27.12.2006 No. 2 "On Debureaucratization of the State Apparatus and Improving the Quality of Ensuring the Population's Livelihood" in order to eliminate instances of formalism and disrespectful attitude towards people, and to eliminate violations of legality that infringe upon their rights and interests.

In the first half of the current year, the prosecutor's offices of the region received 3759 appeals from citizens, of which more than 2,134 were reviewed directly by prosecutors, with approximately 204 applications being satisfied.

The largest number of reviewed complaints concerned issues of investigation and inquiry, supervision of labor legislation enforcement, and administrative liability.

Issues of non-compliance with labor legislation by employers remain relevant. In the first half of the current year, one-fourth of the complaints received by the prosecutor's offices on this issue were deemed justified.

As an example, one can cite the appeal of S. regarding illegal deductions from his salary upon dismissal from OJSC "AgroTrud" (Vitebsk region).

By order of the company's director dated 15.01.2016, he was dismissed from the position of chief veterinarian for systematic violations of production, technological, and executive discipline.

During the final settlement on 10.02.2016, he was charged for rented housing in the amount of 534,447 rubles. At the same time, no application for the deduction of this amount during the final settlement was received from S.

In accordance with Article 77 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), upon dismissal of an employee, all payments due to him from the employer on the day of dismissal shall be made no later than the day of dismissal.

Deductions from an employee of any amounts upon dismissal in the absence of his consent (except in cases of compulsory enforcement under enforcement documents, as well as in cases of compensation for damages in accordance with Article 408 of the Labor Code) are not provided for by law.

In

In this regard, the prosecutor of Vitebsk district filed a protest with the director of OAO "Agrotrud", which was satisfied. The unreasonably withheld amount was returned to the applicant.

Prosecutors actively conduct personal receptions of citizens. During the period under review, they received 3268 visitors, including 452 people at their place of residence and work, 86 arrested individuals, and 157 serving sentences.

For example, the leadership of the regional prosecutor's office visited a number of districts of the Vitebsk region, where they received citizens at their place of work and residence: at IU "IK-12" of the Department of Internal Affairs of the Ministry of Internal Affairs of the Republic of Belarus for the Vitebsk region, the branch of BSTU "Vitebsk State Technological College", the Orsha branch "Teplichny" of RUP "Vitebskenergo", Vitebsk GPLKHO, OAO "Vozrozhdenie", Sennensky, Verkhnedvinsky and Rossony district executive committees, Ullsky (Beshenkovichi district), Ivansky (Chashniki district) and Oboletsky (Tolochin district) rural councils, and others.

In order to solve emerging problems on the ground, the prosecutor of the region Dysko G.I. together with the chairman of the State Control Committee of the Vitebsk region Zaryankin V.V. held a "direct telephone line" and received citizens at the Shumilinsky district executive committee, the deputy prosecutor of the region Korenko G.A. with the deputy chairman of the State Control Committee of the Vitebsk region Avhukova Yu.V. - at the Dubrovensky and Dokshitsky district executive committees.

During the on-site receptions of citizens, "direct telephone lines" were usually held.

Facts of formalism and violations of citizens' rights are still present in the enterprises and organizations of the region, which is confirmed by the results of prosecutorial inspections, including in the system of GU "Department of Household Services for the Population of the Vitebsk Region", VOKUP "Vitebskoblvodokanal", VOUPOT "Vitebskobltop", the department of housing and communal services, the committee for architecture and construction of the Vitebsk regional executive committee, city and district executive committees, and other organizations.

A total of 58 such inspections were carried out, resulting in 44 submissions, 14 orders, 20 official warnings, 51 officials were brought to disciplinary responsibility, and 5 to administrative responsibility.

For example,

In the branch of RUE "Vitebskavtodor" DEU No. 32, an appeal from K. was registered regarding the provision of a safe road crossing for students of the "Vetrinsky" branch of the State Educational Institution "Polotsk District Children's Art School", received from the Vetrinsky rural executive committee. A week later, information on the appeal was sent to the specified rural executive committee, while the applicant himself was not notified of the results of its consideration.

Similarly, two other citizens were not informed about the results of the consideration of their applications.

Since the specified actions constitute an administrative offense provided for by Art. 9.13 of the Code of Administrative Offenses of the Republic of Belarus, i.e., violation of legislation on citizens' and legal entities' appeals, expressed in the failure to inform the applicant about the decision made based on the results of the appeal consideration, the head of the DEU No. 32 branch was brought to administrative responsibility by a resolution of the regional prosecutor's office.

The targeted work to protect the rights and legitimate interests of citizens by the prosecutor's offices of the Vitebsk region will be continued in the future.

Senior Assistant Prosecutor of the Vitebsk Region
for supervision of legislation enforcement
on citizens' appeals Irina Tavtyn