On the results of the supervisory authority's work in 2020 – interview with the prosecutor of Beshenkovichi district by a correspondent of the district newspaper "Zarya"
The laws in force in the state must be observed, and in case of their violation, responsibility ensues. The supervision over the strict observance of legislation in Beshenkovichi district is carried out by the district prosecutor's office.
-- Andrey Arkadyevich, the supervisory activity of the prosecutor's office ensures the rule of law, legality and order, as well as the protection of the rights and legitimate interests of citizens and organizations, and helps prevent the causes that contribute to the commission of offenses and crimes.
-- In 2020, the district prosecutor's office conducted 30 inspections on compliance with legislation in the sphere of economy, human rights and freedoms in the implementation of labor, housing, administrative legislation, as well as legislation on land, protection of historical and cultural heritage, protection of children's and youth rights, and combating corruption. Based on these inspections, 37 submissions were made, 18 orders were issued, 19 protests were filed and satisfied, and 24 people were officially warned. 120 perpetrators were brought to disciplinary responsibility based on acts of prosecutorial supervision, 89 – to administrative responsibility. 86 individuals and 4 legal entities bore material and property responsibility. The amount of damage compensated by individuals at the prosecutor's request amounted to 3205 rubles, by legal entities – 312525 rubles.
The district prosecutor's office constantly monitors, for example, organizations of the agro-industrial complex. During sowing and harvesting, we monitor the preservation of seeds, fuels and lubricants, and during winter-stall animal keeping, it is important to comply with sanitary and veterinary legislation. In agro-industrial complex organizations, 2 inspections were conducted on the disposal and protection of property, during which 3 submissions were made, 1 order was issued, 24 people were brought to disciplinary responsibility based on acts of prosecutorial supervision, 11 people bore administrative responsibility, 71 individuals were brought to material and property responsibility, the amount of damage compensated at the prosecutor's request is 1833 rubles.
A number of violations were identified in the sphere of protection of historical and cultural heritage, they concerned, in particular, the maintenance of military burial sites and burials of war victims. The activities of prevention entities on crime prevention, combating alcoholism and drug addiction, including among minors, and work with citizens' appeals were analyzed. Attention was paid to the maintenance of children's playgrounds, the organization of work on catching stray dogs, ensuring the safety of citizens when visiting the Komsomol Park in the district center, where military equipment is installed. As it turned out during the inspection, not all of its hatches were tightly closed, minors easily climbed inside the tanks, there was garbage lying there, and even a case of child injury was registered.
Last year, a monitoring of the websites of educational institutions was also conducted. Many of them did not comply with the requirements of the legislation, including in terms of prompt placement of information. As a result, residents of the district did not have the opportunity to submit electronic appeals.
Today, a website is the business card of any institution. For a school, a kindergarten, especially during a pandemic, it is also an important link for communication with the families of their pupils, an opportunity to consider an appeal, a complaint from parents through remote access. Therefore, the issue has been put under control in the education department of the district executive committee. Now its specialists themselves monitor the content of the websites of the district's educational institutions.
-- The prosecutor's office supervisesand the enforcement of legislation during pre-trial proceedings?
-- The district prosecutor initiated 9 criminal cases. The prosecutor's office issued over 290 sanctions for investigative and other procedural actions. After reviewing 335 materials for which decisions to refuse to initiate criminal cases were made, over 50 materials were sent to the Investigative Committee and the District Department of Internal Affairs for additional verification. As a result of the additional verification, 5 criminal cases were initiated. 3 were returned for additional preliminary investigation. 63 criminal cases were sent to court.
-- Andrei Arkadievich, it's not enough to initiate and investigate a criminal case. Do prosecutor's office employees also support state prosecution and participate in court hearings?
-- Court decisions must fully comply with the letter of the law. Last year, with our participation, 54 criminal cases against 61 individuals were considered. These were mainly crimes that do not pose a great public danger and are less serious. 3 of them were classified as serious. These are cases initiated under Article 295 of the Criminal Code of the Republic of Belarus, for illegal actions involving firearms, ammunition, and explosives. In all three cases, people received severe punishment for storing cartridges (from 2 to 200, according to expert conclusions - combat and suitable for firing). Although voluntary surrender of cartridges completely exempts a person from responsibility.
-- Would it be correct to conclude that last year, imprisonment by court sentences in the district was not the most common punishment?
-- Judge for yourself, out of 69 convicted in 2020, only 13 people received actual imprisonment. Another 13 people were sentenced to restriction of liberty without being sent to an open-type correctional institution as their main punishment, 10 - to community service, 11 - to a fine, 5 - to correctional labor, 12 - to arrest, 3 - with a suspended sentence, 1 - with conditional non-application of punishment. 1 person was punished with compulsory educational measures. Property penalties by court sentences amount to 1370 basic units.
In each court session, balanced decisions are made when determining the measure of responsibility for the defendant. If a person does not pose a danger to society and people, is ready to work and correct mistakes, justice gives him such a chance. Those who have committed serious crimes, as well as individuals who maliciously violate the terms of serving a previously imposed punishment, the requirements of preventive supervision, evade employment - all those who continue to violate the law even after the verdict - are sent to places of deprivation of liberty. Although if we compare the number of convicted in 2019 and 2020, last year there were 12 fewer (81 and 69 respectively).
-- Last year, prosecutor's office employees expressed their opinion on how a case should be considered from the point of view of legal norms in the district court 38 times.
-- These were mainly materials on preventive supervision issues and issues under Articles 402 and 403 of the Criminal Procedure Code.
-- Does the prosecutor's office also participate in the consideration of civil cases in court, monitoring the compliance of these court decisions with the law?
-- The court considered 326 such cases with a decision, 92 of them with our participation (including 7 in on-site sessions). All decisions were made in accordance with the prosecutor's opinion.
These were lawsuits for reinstatement at work in case of illegal dismissal, for eviction from official premises without providing housing, for declaring citizens incapacitated, as well as for adoption, deprivation of parental rights, and others. One person, which happens rarely, was reinstated in parental rights. And although the child turnedfor 17 years, it is gratifying that the woman pulled herself together, stopped drinking, so as not to be called, but to be a real mother.
We also had a lawsuit to compel the owner of a private residential property to alienate the residential property for a fee. We had to force a person who did not work anywhere and had not paid for housing and communal services since August 2016 to sell an apartment he did not use for living in order to pay off a debt of more than 7 thousand rubles. This was preceded by extensive explanatory work, the court provided an opportunity to find funds and begin to pay off the debt independently, but the physically healthy owner of the housing, who is not registered anywhere, evaded his obligations in every possible way.
-- In the order of civil and economic proceedings last year, the prosecutor's office filed 56 lawsuits for the amount of 29083 rubles. In what areas were violations of the law allowed?
-- The main lawsuits are knowingly false calls to the police, which residents of the district often commit, knowingly false reports, illegal fishing, the need to return funds spent on training to educational institutions, if young specialists, sent by distribution, do not work out the established period. In the sphere of labor relations, this is a lawsuit against an employee who drove a car while intoxicated and hit a gas station at a gas station, due to a fire at one of the enterprises in Beshankovichy, as a result of which sets of uniforms were destroyed, and others.
-- Andrey Arkadyevich, do people often turn to the district prosecutor's office as a last resort in various controversial critical situations?
-- Last year, 44 appeals were considered on the merits: 42 of them from individuals and 2 from legal entities and individual entrepreneurs. 4 appeals were left without consideration on the merits, 20 were sent to other bodies and organizations for consideration. Another 1 appeal was terminated due to its withdrawal. In total, 69 appeals were received in the name of the prosecutor. Based on the results of the consideration of 20 of them, prosecutorial response measures were taken.
Residents of the district also come to us personally, apply during on-site receptions at their place of residence and work. 54 people used this opportunity. And, you know, they go not at all to blacken someone, but for protection and help, not fearing that they may not be heard or understood here. We assist everyone in solving the problems that have arisen, because the main task of our work is justice, observance of legality: the innocent should not go to prison, and the guilty should not escape punishment.
Larisa PAVLOVSKAYA.
-- Andrey Arkadyevich, the supervisory activity of the prosecutor's office ensures the rule of law, legality and order, as well as the protection of the rights and legitimate interests of citizens and organizations, and helps prevent the causes that contribute to the commission of offenses and crimes.
-- In 2020, the district prosecutor's office conducted 30 inspections on compliance with legislation in the sphere of economy, human rights and freedoms in the implementation of labor, housing, administrative legislation, as well as legislation on land, protection of historical and cultural heritage, protection of children's and youth rights, and combating corruption. Based on these inspections, 37 submissions were made, 18 orders were issued, 19 protests were filed and satisfied, and 24 people were officially warned. 120 perpetrators were brought to disciplinary responsibility based on acts of prosecutorial supervision, 89 – to administrative responsibility. 86 individuals and 4 legal entities bore material and property responsibility. The amount of damage compensated by individuals at the prosecutor's request amounted to 3205 rubles, by legal entities – 312525 rubles.
The district prosecutor's office constantly monitors, for example, organizations of the agro-industrial complex. During sowing and harvesting, we monitor the preservation of seeds, fuels and lubricants, and during winter-stall animal keeping, it is important to comply with sanitary and veterinary legislation. In agro-industrial complex organizations, 2 inspections were conducted on the disposal and protection of property, during which 3 submissions were made, 1 order was issued, 24 people were brought to disciplinary responsibility based on acts of prosecutorial supervision, 11 people bore administrative responsibility, 71 individuals were brought to material and property responsibility, the amount of damage compensated at the prosecutor's request is 1833 rubles.
A number of violations were identified in the sphere of protection of historical and cultural heritage, they concerned, in particular, the maintenance of military burial sites and burials of war victims. The activities of prevention entities on crime prevention, combating alcoholism and drug addiction, including among minors, and work with citizens' appeals were analyzed. Attention was paid to the maintenance of children's playgrounds, the organization of work on catching stray dogs, ensuring the safety of citizens when visiting the Komsomol Park in the district center, where military equipment is installed. As it turned out during the inspection, not all of its hatches were tightly closed, minors easily climbed inside the tanks, there was garbage lying there, and even a case of child injury was registered.
Last year, a monitoring of the websites of educational institutions was also conducted. Many of them did not comply with the requirements of the legislation, including in terms of prompt placement of information. As a result, residents of the district did not have the opportunity to submit electronic appeals.
Today, a website is the business card of any institution. For a school, a kindergarten, especially during a pandemic, it is also an important link for communication with the families of their pupils, an opportunity to consider an appeal, a complaint from parents through remote access. Therefore, the issue has been put under control in the education department of the district executive committee. Now its specialists themselves monitor the content of the websites of the district's educational institutions.
-- The prosecutor's office supervisesand the enforcement of legislation during pre-trial proceedings?
-- The district prosecutor initiated 9 criminal cases. The prosecutor's office issued over 290 sanctions for investigative and other procedural actions. After reviewing 335 materials for which decisions to refuse to initiate criminal cases were made, over 50 materials were sent to the Investigative Committee and the District Department of Internal Affairs for additional verification. As a result of the additional verification, 5 criminal cases were initiated. 3 were returned for additional preliminary investigation. 63 criminal cases were sent to court.
-- Andrei Arkadievich, it's not enough to initiate and investigate a criminal case. Do prosecutor's office employees also support state prosecution and participate in court hearings?
-- Court decisions must fully comply with the letter of the law. Last year, with our participation, 54 criminal cases against 61 individuals were considered. These were mainly crimes that do not pose a great public danger and are less serious. 3 of them were classified as serious. These are cases initiated under Article 295 of the Criminal Code of the Republic of Belarus, for illegal actions involving firearms, ammunition, and explosives. In all three cases, people received severe punishment for storing cartridges (from 2 to 200, according to expert conclusions - combat and suitable for firing). Although voluntary surrender of cartridges completely exempts a person from responsibility.
-- Would it be correct to conclude that last year, imprisonment by court sentences in the district was not the most common punishment?
-- Judge for yourself, out of 69 convicted in 2020, only 13 people received actual imprisonment. Another 13 people were sentenced to restriction of liberty without being sent to an open-type correctional institution as their main punishment, 10 - to community service, 11 - to a fine, 5 - to correctional labor, 12 - to arrest, 3 - with a suspended sentence, 1 - with conditional non-application of punishment. 1 person was punished with compulsory educational measures. Property penalties by court sentences amount to 1370 basic units.
In each court session, balanced decisions are made when determining the measure of responsibility for the defendant. If a person does not pose a danger to society and people, is ready to work and correct mistakes, justice gives him such a chance. Those who have committed serious crimes, as well as individuals who maliciously violate the terms of serving a previously imposed punishment, the requirements of preventive supervision, evade employment - all those who continue to violate the law even after the verdict - are sent to places of deprivation of liberty. Although if we compare the number of convicted in 2019 and 2020, last year there were 12 fewer (81 and 69 respectively).
-- Last year, prosecutor's office employees expressed their opinion on how a case should be considered from the point of view of legal norms in the district court 38 times.
-- These were mainly materials on preventive supervision issues and issues under Articles 402 and 403 of the Criminal Procedure Code.
-- Does the prosecutor's office also participate in the consideration of civil cases in court, monitoring the compliance of these court decisions with the law?
-- The court considered 326 such cases with a decision, 92 of them with our participation (including 7 in on-site sessions). All decisions were made in accordance with the prosecutor's opinion.
These were lawsuits for reinstatement at work in case of illegal dismissal, for eviction from official premises without providing housing, for declaring citizens incapacitated, as well as for adoption, deprivation of parental rights, and others. One person, which happens rarely, was reinstated in parental rights. And although the child turnedfor 17 years, it is gratifying that the woman pulled herself together, stopped drinking, so as not to be called, but to be a real mother.
We also had a lawsuit to compel the owner of a private residential property to alienate the residential property for a fee. We had to force a person who did not work anywhere and had not paid for housing and communal services since August 2016 to sell an apartment he did not use for living in order to pay off a debt of more than 7 thousand rubles. This was preceded by extensive explanatory work, the court provided an opportunity to find funds and begin to pay off the debt independently, but the physically healthy owner of the housing, who is not registered anywhere, evaded his obligations in every possible way.
-- In the order of civil and economic proceedings last year, the prosecutor's office filed 56 lawsuits for the amount of 29083 rubles. In what areas were violations of the law allowed?
-- The main lawsuits are knowingly false calls to the police, which residents of the district often commit, knowingly false reports, illegal fishing, the need to return funds spent on training to educational institutions, if young specialists, sent by distribution, do not work out the established period. In the sphere of labor relations, this is a lawsuit against an employee who drove a car while intoxicated and hit a gas station at a gas station, due to a fire at one of the enterprises in Beshankovichy, as a result of which sets of uniforms were destroyed, and others.
-- Andrey Arkadyevich, do people often turn to the district prosecutor's office as a last resort in various controversial critical situations?
-- Last year, 44 appeals were considered on the merits: 42 of them from individuals and 2 from legal entities and individual entrepreneurs. 4 appeals were left without consideration on the merits, 20 were sent to other bodies and organizations for consideration. Another 1 appeal was terminated due to its withdrawal. In total, 69 appeals were received in the name of the prosecutor. Based on the results of the consideration of 20 of them, prosecutorial response measures were taken.
Residents of the district also come to us personally, apply during on-site receptions at their place of residence and work. 54 people used this opportunity. And, you know, they go not at all to blacken someone, but for protection and help, not fearing that they may not be heard or understood here. We assist everyone in solving the problems that have arisen, because the main task of our work is justice, observance of legality: the innocent should not go to prison, and the guilty should not escape punishment.
Larisa PAVLOVSKAYA.