Belarus

Vlasova Mikhael & Partners

"Full service firm that dominates the legal market"

Chambers Global

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Belarus Belarus Belarus Belarus Belarus

76A Masherova av., 4th floor

Minsk

Tel: +375 (17) 203-8496 / 67

Fax: +375 (17) 203-7702

www.vmp.by

1. Principal sources of law applicable to anticorruption issues.

Belarusian law regarding corrupt practices and counteraction thereto is extensive. However, many provisions in anticorruption regulations are of declarative nature, and liability issues are not always adequately addressed. Case law is mainly comprised of bribery accusations and accusations related to abuse of power , which are often broadly interpreted.  

1.1. International anticorruption regulations
  • Criminal Law Convention on Corruption (ETS 173) ratified by the Republic of Belarus on 26 May 2003, in force from 01 March 2008;
  • UN Convention against Corruption, dated 31 October 2003, ratified by the Republic of Belarus on 25 November 2004;
  • Civil Law Convention on Corruption, dated 4 November 1999, ratified by the Republic of Belarus on 26 December 2005, in force from 01 July 2006.
1.2. Codes: 
  • Civil Code of the Republic of Belarus No 218-З, dated 7 December 1998, last amended on 3 July 2011 (“Civil Code”);
  • Criminal Code of the Republic of Belarus No 275-З, dated 9 July 1999, last amended on 27 December 2010 (“Criminal Code”);
  • Code of the Republic of Belarus “On Administrative Offences” No. 194-З, dated 15 June 2009, last amended on 30 December 2010 (“Administrative Offence Code”).
1.3. Laws:
  • Law “On Government Service in the Republic of Belarus”, dated 14 June, 2003 No. 204-3, last amended on 2 June 2009 (“Law on Government Service”); and
  • “On Counteracting to Corruption” Law of the Republic of Belarus, dated 20 July 2006 No. 165-3,  last amended on 14 June 2010 (“anticorruption Law”).
1.4. Case law review:
  • Resolution of Assembly of the Supreme Court of the Republic of Belarus "On Case Law regarding Bribery", dated 26 June 2003 No. 6,  amended on 25 September 2003 No. 11, and 24 September 2009 No 8; and
  • Resolution of Assembly of the Supreme Court of the Republic of Belarus “On Case Law regarding Crimes against the Interests of Public Service” dated 16 December 2004 No. 12  last amended on 2 June 2011 No.2.
Due to complexity of the regulation it is highly recommend to check with local counsel in case of any anticorruption compliance concerns in order to avoid reputation damage and personal liability of a company’s officers. go to top