ANTI-CORRUPTION MEASURES
Corruption is a serious threat to the country’s security. It causes great harm to society, encroaches on the foundations of state power, reduces the effectiveness of state bodies and undermines their authority, and hinders the economic development of the country as a whole. By destroying democratic institutions and values, concepts of justice and public duty, corruption damages the sustainable development of the State and the rule of law. Corruption distorts the legal consciousness of citizens, creating in them an idea of the possibility of satisfying personal and collective interests by bribing officials.
Being one of the most dangerous phenomena for citizens, society and the state, corruption has deep historical and psychological roots. Unfortunately, in the minds of many people, it has become a common phenomenon, which is useless to fight, and the effectiveness of any anti-corruption measures is often assessed extremely poorly by citizens.
There are many reasons for corruption. Among them are the imperfection of legislation, the presence of a large number of bylaws that are difficult to understand, the low legal culture of citizens, as well as their passivity due to distrust of the anti-corruption system, lack of motivation to follow the law.
Undoubtedly, building a democratic State based on the principle of the rule of law, which ensures respect for the fundamental rights and freedoms of the individual, is unthinkable without purposeful efforts to combat corruption offenses. Systematic work to combat corruption in all its forms, as well as improving legal mechanisms, is a priority task of the authorities at all levels.
This activity is based on the Law of the Republic of Belarus No. 305-Z of 15.07.2015 (as amended on 06.01.2021) “On combating Corruption”. It defines three main areas: preventing corruption, combating it, and minimizing or eliminating the consequences of corruption offenses. At the legislative level, the role and place of the authorities involved in the fight against corruption are defined.
However, anti-corruption measures implemented by the state can only be successful if civil society institutions and each individual citizen are actively involved in this process.
Each of us can and must live and work in accordance with the law – and thus contribute to the common cause of fighting corruption. A citizen should clearly know their rights, be able to protect them, have a firm moral position, and not allow the use of corrupt methods in private, public and professional life.
Improving the legal culture and legal awareness of citizens is of paramount importance in combating corruption – only under this condition can the state anti-corruption policy be successful.
State policy (anti-corruption policy) is a scientifically based, consistent and systematic activity of state institutions (its bodies) and civil society (public organizations, mass media, etc.) related to the prevention and reduction of the negative impact of corruption, as well as with the elimination of the causes and conditions that contribute to its occurrence.
Corruption manifestations can take place in the form of corruption crimes, corruption offenses, and offenses that create conditions for corruption. The list of corruption crimes is defined in the Annex to the Resolution of the Prosecutor General’s Office of the Republic of Belarus, the State Control Committee of the Republic of Belarus, the Operational Analytical Center under the President of the Republic of Belarus, the Ministry of Internal Affairs of the Republic of Belarus, the State Security Committee of the Republic of Belarus, the Investigative Committee of the Republic of Belarus No. 43/9/95/571/57/274 of 27.12.2013. At the same time, the Law of the Republic of Belarus of 15.07.2015 No. 305-Z (as amended on 06.01.2021) “On Combating Corruption” defines the list of corruption offenses and offenses that create conditions for corruption.
Offences that create conditions for corruption are::
interference of a state official with the use of his official powers in the activities of other state bodies and other organizations, if this is not included in the scope of his powers and is not based on a legislative act;
rendering by a public official of undue preference to the interests of individuals or legal entities when preparing and making decisions, or providing them with unjustified benefits and privileges or rendering assistance in providing them;
use of official position by a state official or a person equated to him / her in resolving issues affecting his / her personal, group and other off-duty interests, if this is not related to official (labor) activity;
participation of a state official as a representative of third parties in the affairs of a state body or other organization of which he / she is an employee (employee), or a subordinate (subordinate) and (or) controlled (controlled) state body or other organization;
use by a public official or a person equated to him in the off-duty interests of information, the dissemination and (or) provision of which is restricted, obtained in the performance of his official (labor) duties;
refusal of a state official or a person equated to him to provide information to individuals or legal entities, the provision of which to these persons is provided for by legislative acts, intentional late provision of it, or provision of incomplete or unreliable information;
request by a state official or a person equivalent to him from individuals or legal entities for information, including documents, the provision of which is not provided for by legislative acts;
violation by a state official in the personal, group and other off-duty interests of the procedure established by legislative acts for considering appeals of citizens, including individual entrepreneurs, and legal entities, and making decisions on issues within its competence;
creation of obstacles for individuals or legal entities in the exercise of their rights and legitimate interests by a state official or a person equivalent to him;
delegation by a state official of the authority to regulate state business activities or to control them to a person engaged in such activities, if this is not provided for by legislative acts;
violation of the procedure for conducting tenders, auctions, and procurement procedures established by legislative acts by a state official or a person equivalent to him / her;
a request by a state official or a person equated to him to provide gratuitous (sponsorship) assistance, as well as a violation by a state official or a person equated to him of the procedure for its provision, receipt and use established by legislative acts.
Corruption offenses are::
extortion of property or other benefits in the form of work, services, patronage, promise of benefits for oneself or for third parties in exchange for any action or omission in the performance of official (labor) duties by a state official or a person equated to it or a foreign official;
acceptance by a state official or a person equivalent to him or a foreign official of property or other benefits in the form of work, services, patronage, promise of benefits for himself or for third parties in exchange for any action or omission in the performance of official (labor) duties, except for remuneration provided for by law;
offer or provision of property or other benefits in the form of work, services, patronage, or a promise of benefits to them or to third parties in exchange for any act or omission in the performance of official (labor) duties to a state official or a person equated with him or a foreign official;
action or omission of a state official or a person equated to him or a foreign official in the performance of official (labor) duties for the purpose of illegally obtaining benefits in the form of work, services, patronage, or the promise of benefits for themselves or for third parties;
illegal use or intentional concealment of property obtained by a state official or a person equated with him or a foreign official from any activity specified in paragraphs two, three and five of part one of this article;
acceptance of property (gifts) by a state official or a person equivalent to him or a foreign official, with the exception of souvenirs handed out during protocol and other official events, or receiving other benefits for oneself or for third parties in the form of work or services in connection with the performance of official (labor) duties;
travel by a state official or equivalent person at the expense of individuals and (or) legal entities, relations with which are included in the issues of their official (labor) activity, with the exception of the following trips: official business trips; at the invitation of a spouse, close relatives or relatives; carried out in accordance with international treaties of the Republic of Belarus or by agreement between the state bodies of the Republic of Belarus and the bodies of foreign states at the expense of the relevant state bodies and (or) international organizations. organizations; carried out with the consent of a higher official or a collegial management body to participate in international and foreign scientific, sports, creative and other events at the expense of public associations (foundations), including trips carried out within the framework of the statutory activities of such public associations (foundations) by invitation and at the expense of foreign partners;
transfer by a state official of budget funds or other property owned by the state or owned by organizations in the authorized funds of which 50 or more percent of the shares (shares) are owned by the state and / or its administrative-territorial units to individuals, as well as non-state organizations, unless this is provided for by legislative acts;
use by a state official for personal and other off-duty interests of the property provided to him for the performance of state functions, which is in state ownership, if this is not provided for by legislative acts;
use by a public official of his official powers for the purpose of obtaining a loan, loan, purchase of securities, real estate and other property;
petty theft of property through abuse of official authority.
Anti-corruption Action Plan for 2023.
| To change | |||
| № | Event | Execution period | Performers |
| 1. | Meeting of the Anti-Corruption Commission with an agenda: 1 .” On the work of the commission for the prevention of corruption among employees of the institution in 2022″. |
January 2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 2. | Placement, in accordance with Article 6 of the Resolution of the Council of Ministers of the Republic of Belarus No. 1732 of December 26, 2011 “On approval of the Model Provision on the Anti-Corruption commission of the commission’s work plan”, of information on the work of the anti-corruption commission on the institution’s website | Until 13.02.2023 | Maksimuk I. S. |
| 3. | Informing the heads of structural divisions and responsible executors of the Action Plan for the prevention of corruption offenses in the Brest Regional Psychoneurological Dispensary for 2022. | Until 14.02.2023 | Klyshko E. S. |
| 4. | Consideration of corruption offenses in the public health system of the Brest region at production meetings with employees of the information institution of the IAC of the Department of Internal Affairs of the Brest Regional Executive Committee, the Prosecutor’s Office of the Brest region. | As information is provided | Chairman of the Commission for Prevention of Corruption Offenses |
| 5. | Consideration of information (response acts) of law enforcement agencies on violations of the anti-corruption legislation at production meetings with employees of the institution | As information is provided | Chairman of the Commission for Prevention of Corruption Offenses |
| 6. | Participation in the meeting of the Anti-Corruption Commission of GUZO with consideration of the following issues:: 1. “On activities carried out in the Pruzhanskaya Central District Hospital aimed at preventing conflicts of interest between the organization and employees”; 2. ” On the implementation of the action plan to eliminate unjustified and unfair mediation in the procurement of goods (works, services) and sales of products, approved on March 6, 2021 No. 32/221-80/63″; 3. “Analysis of measures taken to eliminate corruption risks, as well as the causes and conditions that contribute to the commission of corruption offenses, including in the procurement of goods (works, services) in the healthcare sector”; 4. ” On measures taken in institutions aimed at preventing corruption violations related to the work of external and internal part-timers on the example of individual institutions”. |
March 2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 7. | Participation in the meeting of the Anti-corruption Commission of GUZO with consideration of the issue: “Analysis of violations identified by regulatory authorities in the field of financial and economic activities, causes and conditions contributing to them”. | March 2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 8. | Meeting of the anti-corruption commission with consideration of public procurement issues, citizens ‘ appeals (including those related to corruption manifestations), administrative and economic activities, issues related to the prevention of corruption offenses and offenses that create conditions for corruption, and other issues related to compliance with anti-corruption legislation in the 1st quarter of 2023. | April 2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 9. | Monitoring the work of the commission on working hours and local regulations governing its work. | 1H2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 10. | Participation in a seminar on public procurement of goods (works, services) in the healthcare sector, planned by the Anti-Corruption Commission of GUZO. | 1H2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 11. | Conducting an industrial meeting with employees of the institution on compliance with anti-corruption legislation with the invitation of representatives of the prosecutor’s office. | 1H2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 12. | Meeting of the anti-corruption commission with consideration of public procurement issues, citizens ‘ appeals (including those related to corruption manifestations), administrative and economic activities, issues related to the prevention of corruption offenses and offenses that create conditions for corruption, and other issues related to compliance with anti-corruption legislation for the 2nd quarter of 2023. | July 2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 13. | Meeting of the anti-corruption commission with consideration of public procurement issues, citizens ‘ appeals (including those related to corruption manifestations), administrative and economic activities, issues related to the prevention of corruption offenses and offenses that create conditions for corruption, and other issues related to compliance with anti-corruption legislation for the 3rd quarter of 2023. | October 2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 14. | Participation in the meeting of the Anti-Corruption Commission of GUZO with consideration of the following issues:: 1. “On the results of verification of income and property declarations of managers of subordinate organizations”; 2. “Analysis of citizens’ appeals received by the Main Health Department in 2023 for the presence of information on corruption manifestations in them”; 3. “On the implementation of the action plan to eliminate unjustified and unfair mediation in the procurement of goods (works, services) and sales of products, approved on March 6, 2021 No. 32/221-80/63”; 4. Approval of the commission’s work plan for 2024. |
H2 2023 | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 15. | Review of the implementation of the action plan to eliminate unjustified and unfair intermediation in the procurement of goods (works, services) and sales of products, approved on 06.03.2021 No. 32/221-80/63 (in accordance with paragraph 1.2 of Protocol No. 3 of 06.12.2022 of the unscheduled meeting of the Anti-Corruption Commission of the Main Health Department). | Quarterly | Chairman of the Commission for Prevention of Corruption Offenses, members of the Commission |
| 16. | Updating corruption risk maps based on changes in legislation and incoming information from higher-level bodies, internal affairs departments, and prosecutor’s offices. | As information becomes available | members of the commission |