Consequences of violating anti-corruption restrictions and prohibitions

The results of supervisory activities in the sphere of compliance with anti-corruption legislation indicate an increase in the number of detected cases of violations by public officials of prohibitions and restrictions established by the Law of the Republic of Belarus "On Combating Corruption".

By signing a written commitment, a public official is informed of the legal consequences of non-fulfillment of the requirements set forth therein, which, inter alia, provide for disciplinary action up to dismissal from the position held in the manner prescribed by law.

Thus, according to paragraph 5-1 of Article 47 of the Labor Code, a violation by an employee who is a public official of a written commitment to comply with restrictions established by anti-corruption legislation, committing an offense that creates conditions for corruption, or a corruption offense, is an additional ground for dismissal for discrediting reasons.

Prosecutors most often identify facts of public officials engaging in entrepreneurial activities, as well as engaging in other paid work by a category of persons for whom the legislation explicitly prohibits it.

For example, the prosecutor's office of the Polotsk region found that similar violations regarding the engagement in other paid work were committed by officials of one of the region's enterprises providing services in the agro-industrial complex. In particular, individual employees engaged in illegal combination of their main job with providing services under contracts with third-party organizations. As a result of such combination, employees received income in the amount of over 20.0 thousand rubles.

The regional prosecutor's office found that the head of a section of one of the business entities, who is a public official by virtue of his position, was simultaneously

registered as an individual entrepreneur and carried out activities in the field of equipment repair, for which he systematically received revenue. In total, in violation of the prohibition, the person received income in the amount of over 80.0 thousand rubles.

It should be noted here that, according to Art. 40 of the Law on Combating Corruption, funds provided to a public official in violation of anti-corruption legislation are subject to transfer by him to the republican budget. In case of refusal to reimburse the funds voluntarily, they are subject to recovery by force through court.

Thus, intentional or unintentional disregard of the restrictions and prohibitions established by anti-corruption legislation may entail unfavorable material consequences not only in the form of dismissal or bringing to administrative responsibility, but also the return of illegally obtained funds to the state.

 

Senior Prosecutor of the Department for Combating Corruption and Organized Crime

Viktoria Krzhesinskaya