3. Legal restrictions imposed on Government Officials / public officers
3.1. General restrictions and duties
Persons subject to anticorruption regulations are prohibited:
- to engage in commercial activity, either directly or through their authorised representatives,
- to assist their close relatives in commercial activity by using their official position,
- to represent third parties on issues related to activity of state structures (other state organisations) which hired government official,
- to perform other paid services (work) not related to execution of their duties on principal place of work. At the same time, the Government Officials are allowed to provide services (perform work) connected with teaching, scientific, cultural, creative activity and medical practice;
- to take part personally or through authorised representatives in management of the commercial legal entity, except for the cases provided by the acts of the Republic of Belarus;
- to have personal accounts in foreign banks, except for cases of performance of the state functions in the foreign states and other cases established by acts of the Republic of Belarus;
- to dispatch the errands concerning office (labor) activity, which are given by the political party, other public association where government official is having a member (except for deputies of the House of Representatives and members of the Council of the Republic of the National Assembly of the Republic of Belarus, deputies of the local Councils of deputies of the Republic of Belarus).
- to occupy other state positions except for those provided by the Constitution of the Republic of Belarus and other Belarusian legal acts;
- to participate in strikes;
- to have other part-time occupation, except for work in other state organisations;
- to use their public position for the benefit of political parties, religious organisations, other legal entities, and also citizens if such actions are not in compliance with the interests of government service;
- to use equipment, financial and informational assets and other property of a state structure and official secrets for off-duty purposes;
- to accept state awards of foreign states without the permission of the President of the Republic of Belarus.
Public Officials have the following duties:
- to transfer shares (stocks) of the commercial legal entities owned by them into managing trust within three months after appointment (election) to a position;
- to terminate membership in political parties in case when performance of their state functions is incompatible with membership in a political party.
3.2. Gifts and other benefits
Belarusian legislation prohibits acceptance of gifts by Public Officials but fails to expressly distinguish between "personal gifts" and "business gifts".
The anticorruption Law prohibits granting gifts to Public Officials in connection with the duties they have to perform1. Under Criminal Code this may be interpreted as crime of bribery.
The anticorruption Law and the Law on Government Service provide that gifts may be granted to the Public Officials during official (protocol) events only. If the value of such gifts granted during official events exceeds 5 basic units (currently about 58 USD), such gifts are to be transferred into the State property.
Accepting gifts by the Public Officials outside official events may qualify as misconduct
and lead to disciplinary action (for details see Section 4 below) or, under certain circumstances, may be interpreted as a bribery.
The differentiation between gifts and bribery was introduced by Assembly of the Supreme Court of the Republic of Belarus. Under its regulation souvenirs and gifts may be granted to an official on occasion of his/her birthday and specific holidays providing they are handed to the official without any expectations of compensation by his/her relevant actions1.
The anticorruption Law also recognises acceptance of other benefits (like services) as a corrupt practice if caused by position of such a Public Official. Equally acceptance of being a sponsored tourist or other travel arrangements would qualify as corrupt practice, subject to a number of exceptions:
- traveling is paid by their close relatives;
- traveling is required under an international treaty of Belarus;
- traveling within the framework of exchange between Belarusian and foreign state authorities;
- traveling is paid by other individuals relations with whom are outside Public Official's scope of duties;
- traveling for personal puspose approved by higher executives of relevant state body.
Other practices, such as solicitation of loans, acquisition of securities or real property by abusing authority of the Public Official are also considered as corrupt.
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