Verification has been carried out
The prosecutor's offices of the Vitebsk region conducted a planned inspection of compliance with the requirements of legislation on the disposal and protection of property, Directives of the President of the Republic of Belarus of 11.03.2004 No. 1 "On measures to strengthen public safety and discipline", of 27.12.2006 No. 2 "On the debureaucratization of the state apparatus and improving the quality of life of the population", labor and occupational safety legislation, anti-corruption legislation, legislation on citizens' and legal entities' appeals, and waste management legislation in the communal design, repair, and construction unitary enterprise "Vitebskobldorstroy" (hereinafter referred to as KUP "Vitebskobldorstroy", the enterprise) and its affiliated branches.
The inspection results showed that the enterprise, as well as its branches, lacks a unified law enforcement practice, and violations of the requirements of the aforementioned legislation are permitted.
Branch managers 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, during the repair and development (construction, reconstruction) of roads, the compliance of their parameters and characteristics with road traffic safety requirements; taking measures to preserve roads, and maintaining them in a condition that ensures safe vehicle traffic, and other aspects.
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 legislation in the implementation of contractual and claim-legal work by road construction enterprises, instances of untimely sending of claims to debtors for the recovery of accrued debt under contracts were identified; in cases of untimely payment for completed work (rendered services), the penalty stipulated by the contract or law is not always charged and recovered.
Facts of concluding and executing economic contracts on obviously unfavorable terms (without prepayment, in the presence of unfulfilled obligations under previously concluded contracts, etc.) have been identified.
Violations of the requirements of Directive of the President of the Republic of Belarus No. 1 of March 11, 2004 "On measures to strengthen public safety and discipline" regarding the prevention of drunkenness in the workplace are common. The work of the branch prevention councils is not organized at the proper level, is reduced to formalism, and due measures to combat drunkenness are not taken.
In addition, the audit revealed a number of gross violations of labor and occupational safety legislation at the branches of Verkhnedvinsk DRSU-143, Miory DRSU-203, Vitebskdorproekt, Polotsk DRSU-182, Sharkovshchyna DRSU-131, Dubrovno DRSU-108, Chashniki DRSU-183, Shumilino DRSU-204, as well as at the parent enterprise KUP "Vitebskobldorstroy".
Systemic violations of the procedure for registration, accounting and consideration of citizens' appeals occur. The audit of compliance with the requirements of the legislation on citizens' appeals established that formalism and red tape have not been eliminated in the road construction industry organizations.
Violations of legislative requirements regarding waste management were also revealed. In particular, in violation of the requirements of subparagraphs 1.2 of paragraph 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 audit, the head of KUP "Vitebskobldorstroy" did not appoint persons responsible for waste management; waste accounting was not maintained at the enterprise; state statistical reporting on production waste management was not submitted for 2016, and others.
The cause of the noted violations was the ignorance, and sometimes the disregard, of current legislation, the lack of effective control over the work of subordinates, and the low demands of managers.
Based on the results of the audit, district prosecutors submitted 16 submissions, issued 8 orders, 1 official warning, and 1 official was brought to administrative responsibility.
Also, the regional prosecutor's office
prepared a generalized representation addressed to the General Director of the State Enterprise "Vitebskobldorstroy", an official warning was issued; instructions were sent on the preparation of cases on administrative offenses.Prosecutor of the Department for Supervision of Legislation Enforcement and Legality of Legal Acts, 1st Class Lawyer Victoria Khrol