Practice of prosecutorial supervision over the enforcement of legislation in the agro-industrial complex of the region for 2016

The results of supervisory activities during mass field work indicated that everywhere officials exhibit illiteracy in safety matters, an irresponsible attitude towards preparing machinery for agricultural work, equipping it with spare parts and fire extinguishing means, supplying fuel and lubricants, and ensuring property preservation. Mismanagement and a negligent attitude towards the performance of labor duties by farm workers often contribute to offenses in the agricultural sector.

The conducted inspections revealed numerous violations of labor protection and safety regulations, which indicates the inadequate performance of their functions by labor protection services and employers.

According to data from the Vitebsk Regional Department of the State Labor Inspectorate, since the beginning of the current year, there has been an increase in industrial injuries at AIC enterprises in the region. The number of fatal accidents has increased from 6 to 8.

The preservation of machinery involved in spring field work is still not ensured in all agricultural organizations. Moreover, offenses in the agricultural sector are often facilitated by mismanagement and a negligent attitude towards the performance of labor duties by farm workers.

During the sowing and harvesting campaigns of 2016, based on the results of inspections conducted by the prosecutor's offices, 72 submissions were made, 62 orders were issued, 77 farm workers were brought to disciplinary responsibility at the prosecutors' request, and 23 officials were brought to administrative responsibility. In connection with the identified

violations of legislation, an information note from the regional prosecutor's office on the compliance of agro-industrial complex organizations with legislation during the sowing period was considered at a session of the Vitebsk Regional Council of Deputies with the participation of the chairmen of district executive committees, officials of the regional executive committee's agriculture and food committee, and heads of AIC enterprises.

In addition, the region's prosecutor's offices checked the actual harvesting of agricultural products from fields.

During the supervisory activities of the prosecutor's offices, when verifying the accuracy of reporting data by site visits, facts of leaving corn in the fields were revealed in 8 districts of the region on an area of 50 hectares: Beshenkovichi, Vitebsk, Polotsk, Postavy, Rossony, Senno, Chashniki, Shumilino. 8 inspections have been organized in accordance with Art. 174 of the Criminal Procedure Code of the Republic of Belarus.

The inspection of the actual availability, condition, operating and storage conditions, and preservation of agricultural machinery in the region's farms showed that the management and specialists of agricultural enterprises are not taking sufficient measures to ensure the preservation of property, and inefficient use of material and labor resources is allowed.

As control checks have shown, in most cases, farms have established work procedures to ensure the preservation of property and prevent mismanagement at AIC facilities. At the same time, in the Chashniki, Braslav, and Lepel districts, proper measures to restore and repair agricultural machinery have not been taken for a long time.

In addition to the above, during raid operations conducted by the prosecutor's offices in November-December 2016, facts of irresponsible attitude of officials towards organizing the preparation of machinery for winter storage continued to be revealed.

Regarding the facts of improper ensuring the preservation of agricultural machinery during 2016, the Internal Affairs bodies of the region conducted 45 inspections in accordance with Art. 174 of the Criminal Procedure Code of the Republic of Belarus, as a result of which 2 criminal cases were initiated (Dubroven and Chashniki districts). District prosecutors to local authorities

More than 20 acts of prosecutorial supervision were issued to authorities and heads of agricultural enterprises, as a result of which 36 officials were brought to disciplinary and administrative responsibility.

Inspections were carried out to ensure compliance with legislation in the implementation of the Republican Program for the Development of the Dairy Industry in 2010-2015.

The inspections revealed that agricultural enterprises did not ensure proper accounting of livestock movement, and numerous violations of primary accounting records were allowed when culling cows from the main herd.

Cows were sold by agricultural enterprise employees uncontrollably, by selling cattle to individuals engaged in illegal entrepreneurial activities, under the guise of selling cows to the population and farm workers for cash.

Facts of distortion of statistical reporting were allowed, with an overstatement of the number of cows due to the unjustified transfer of heifers and young cows to the main herd.

Mass culling of cattle from the main herd was carried out by insolvent farms, which did not have proper accounting of livestock production, and organizational requirements for milk production and cattle raising were not observed.

The relevance of the problem of ensuring the feed base in modern conditions is of great importance for the development of the agro-industrial complex. At the same time, during the work on fodder harvesting in the farms of Sharkovshchyna, Liozno, Miory and other districts, technological violations were allowed: access roads were not covered with straw, the mass was not properly compacted, elevated temperatures of the grass mass were observed, responsible specialists were absent during the work, and silage storage logs were not kept, etc.

Not all agro-industrial complex enterprises in the region have created conditions for maximum minimization of risks of animal injuries, which leads to numerous fractures and ligament ruptures in animals, and as a consequence, forced slaughter.

Egregious facts of mismanagement, unsanitary conditions,

violations of veterinary and sanitary legislation were identified at livestock facilities in Orsha, Polotsk, Senno, Chashniki, Sharkovshchina, and Shumilino districts.

During the analyzed period, 18 criminal cases were initiated due to a decrease in the cattle population in the region's farms, selling them below cost, and falsifying state statistical reports (against officials of farms in Tolochin, Gorodok, Senno, Chashniki, Miory, Verkhnedvinsk, and Ushachi districts).

Raid activities were carried out regarding the winter stall housing of livestock in the region's farms.

The results of the inspections indicate that despite unfavorable weather conditions, not all livestock facilities were properly prepared for the winter period.

Appropriate organizational and practical measures to comply with the established technological and veterinary and sanitary requirements for keeping livestock on farms and dairy complexes have not been taken locally. Coordinating activities of the district executive committee specialists and assigned representatives of the district executive committee's agriculture and food department are insufficient and ineffective.

In total, based on the inspection results, district prosecutors issued about 30 acts of prosecutorial supervision. The regional prosecutor's office informed the Chairman of the Vitebsk Regional Executive Committee, N.N. Sherstnev, about the results of the inspections on livestock preservation in the region's farms.

The prosecutor's offices of the region conducted an inspection of compliance with legislation in breeding organizations located in the Vitebsk region.

It was established that breeding enterprises did not fully implement the measures of the Republican programs.

for 2011-2015, Programs on breeding in animal husbandry of Vitebsk region for 2011-2015. A downward trend in cattle population, a decrease in calf births, and the absence of complete and continuous processing of data on pedigree records of cows and young stock have been observed.

The exercise of control functions in animal husbandry by RUP "Vitebsk Breeding Enterprise" contradicted the requirements of the legislation. Violations were committed in record-keeping for administrative procedures. Labor law violations were identified. There were instances of inefficient use of property and mismanagement.

Based on the results of the inspection conducted by the regional prosecutor's office, 13 submissions, 5 orders, and 2 protests were issued. The regional prosecutor's office submitted a submission to the General Director of RUP "Vitebsk Breeding Enterprise," as a result of which 17 employees of the enterprise were brought to disciplinary action. For violations of labor protection legislation, the General Director of RUP "Vitebsk Breeding Enterprise" was brought to administrative responsibility. The higher institution "Belplemzhivob'edinenie" was informed about the results of the inspection.

In 2017, supervisory measures will be carried out to ensure the complete elimination of the identified legislative violations in the agro-industrial complex facilities, primarily those identified during inspections of the actual availability, condition, operating conditions, and storage of agricultural machinery, as well as the maintenance and preservation of livestock.

Senior Prosecutor of the Department for Supervision
of Legislation Enforcement
and Legality of Legal Acts O. Gritskevich