BelarusVlasova Mikhael & Partners |
"Full service firm that dominates the legal market" |
Chambers Global |
76A Masherova av., 4th floor
Minsk
Tel: +375 (17) 203-8496 / 67
Fax: +375 (17) 203-7702
Depending on the status of relevant person, subject to anticorruption regulations and type of violation disciplinary, administrative and criminal liability may apply.
Disciplinary actions that may be imposed on Public Officials are:
Disciplinary action may be imposed by executives of relevant state body where a Public Official is employed and the level of action depends on the character of the offence, prior record and behavior of the Public Official.
The anticorruption Law provides a comprehensive list of corrupt practices comprising anticorruption violations. However, liability for each particular violation is found either in Administrative Offences Code or in Criminal Code as outlined below. Where respective offence is described in the anticorruption Law but liability is not provided in either Code, it would constitute the basis for disciplinary liability as discussed above.
Crimes which entail criminal liability include2:
Types of punishment to be imposed for the above crimes depend on gravity and scope of material damage and the nature of crime. The penalties include:
Criminal liability may only be imposed on individuals.
Administrative liability provided by the Code of Administrative Offences now is envisaged for rather specific offences that do not explicitly qualify for crimes, e.g. unlawful rejection to provide information, failure to comply with mandatory instructions of competition authority, record of false data on credit history etc.
Unlike criminal liability, a legal entity may be held liable for administrative offences when specifically provided by the Code of Administrative Offences, in the event an officer of such entity is imposed with administrative liability the legal entity itself is not exempt from the liability, and vice versa3,
Foreign individuals and foreign legal entities could be held liable for administrative offences.
Administrative penalties include:
1 Article 57 of the Law “On Public Service in the Republic of Belarus”
2 Chapter 35 of the Criminal Code
3 Article 4.8 of the Code of Administrative Offence