2.1. General definitions

The main terms set out in the Belarusian anticorruption regulations are:

• “Officials” (Rus. – “должностные лица”),
• “Government Officials” (Rus. – “государственные служащие”),
• “Public Officials” (Rus. – “государственные должностные лица”).

The definitions of the aforesaid terms are given below. It must be noted that certain terms are not limited to government/public sector and include private sector.

The term “Officials” (Rus. – “должностные лица”) refers both to public and private sectors and is defined in the criminal and administrative legislation.

Under the Criminal Code of the Republic of Belarus the term “Officials” covers:

• representatives of authorities;

• representatives of the public, excluding public servants, but those authorized to perform some duties on protection of public order, counteraction to offences, etc. ;

• individuals performing organizational and regulatory functions. Individuals who occupy positions connected to the performance of organizational and regulatory functions, control operation of institutions, enterprises (their subdivisions) and separate subordinate individuals. Such individuals organize the work; and are responsible for the overall functioning of organizations (their subdivisions and parts); have at least one subordinate employee;

• individuals performing administrative and economic functions. Individuals who occupy positions connected to the performance of administrative and economic functions and exercise powers connected with disposition of valuables and cash. They keep stock of material valuables, organize storage, distribution and sale of valuables;

• individuals authorised to perform “actions significant in law” in regard to the rights and legal interests of unsubordinated persons and legal entities, as well as in regard to their own rights and legal interests (for example, a proxy granted with a right to execute deals). “Actions significant in law” are actions which result or may result in consequences relevant in law in the form of creation, change or termination of legal relationships affecting other persons;

• foreign officials, members of foreign public assemblies, officials of international organisations, members of foreign parliament assemblies, judges and officials of the international courts ¹.

The Administrative Offence Code of the Republic of Belarus defines the “Official” as a person who permanently, temporarily or due to a special authority performs organisational and regulatory or administrative and economic functions².

As a general criterion for qualification as the “Official”, both Criminal Code and the Administrative Offence Code generally provide that the Official is a person who has a legal right to make binding orders affecting persons not subordinated to him/her by law.

Liability imposition for bribery is distinguished in Belarusian legislation between the Officials and the Officials occupying responsible position³ which results in differentiation of criminal liability.

The term “Government Officials” (Rus. – “государственные служащие”) under Belarusian law refers to a citizen of the Republic of Belarus who occupies a public position which provides him/ her with some permissions and charges to carry out certain official duties⁴.

Public position is a regular occupation within state body associated with performance and enforcement of functions of the relevant state body⁵.

The term “Public Officials” (Rus. – “государственные должностные лица”) is defined in the anticorruption Law and considers the following persons as Public Officials:

• the President of the Republic of Belarus;
• Deputies of the Chamber of representatives,
• Members of the Council of the Republic of the National Assembly of the Republic of Belarus (members of the Parliament);
• Deputies of the local Councils of deputies exercising their powers on professional basis;
• Other governmental employees, individuals who occupy positions at government organisations, Armed Forces of the Republic of Belarus, other army and military organisations of the Republic of Belarus and persons, who are qualified as the officials according to the legislation of the Republic of Belarus⁶.

Apart from the above, Belarusian legislation includes such term as “Individuals having the Same Status as Public Officials” (Rus. – “Лица, приравненные к государственным должностным лицам”). This term constitutes a separate category of officials and includes following positions:

• members of the Council of the Republic of the National Assembly of the Republic of Belarus,
• Deputies of the local Councils of deputies, working on non-professional basis,
• Citizens registered as candidates for the position of the President of the Republic of Belarus,
• Candidates for the position of deputy of the Chamber of representatives,
• Members of the Council of the Republic of Belarus,
• Members of local Councils of deputies;
• Individuals, who permanently or temporarily or due to a special authority occupy positions in non-governmental organisations connected with the performance of organisational-regulatory and administrative-economic functions;
• Individuals authorised according to the established order to perform actions significant in law;
• Representatives of the public carrying out security duties, preventing violation of law, carrying out justice;
• Government Officials who are not qualified as officials according to the legislation of the Republic of Belarus, other employees of governmental authorities or other government organisations not recognised as Public Officials but carry out activities connected directly with satisfaction of needs, demands and requirements of citizens⁷.

The term “Individuals having the Same Status as Public Official” has a broad interpretation and expands application of the anticorruption Law to the “Official” in the most universal sense that covers private sector.

Terms “Public Official” and “Individual having the Same Status as Public Official” are used only in the anticorruption Law. The anticorruption Law provides for general definitions and rules on anticorruption relations and determines general principles of counteraction of corruption.  However, the anticorruption Law does not set sanctions for the corrupt practice nor  provides any specific procedures for calculation / application of sanctions. Therefore, the Criminal Code and the Administrative Offence Code have higher practical significance since both legislative acts establish liability for bribery crimes and other corruption offences.

2.2 List of persons subject to anticorruption regulations

According to Article 3 of anticorruption Law the persons who are subjects of corruption offences (i.e. persons covered by anticorruption regulations) are:

• Public Officials;
• Individuals having the same status as Public Officials;
• Foreign officials;
• Persons who bribe Public Officials or Individuals with the same status as Public Officials and Foreign officials.

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