Commitments Updated

The Beshenkovichi District Prosecutor's Office, during an inspection of compliance with legislation at the Beshenkovichi Road Repair and Construction Department No. 110 of KUP "Vitebskobldorstroy" (hereinafter referred to as DRSU No. 110 branch), examined the state of work on corruption prevention.

It was established that the activities of the DRSU No. 110 branch in this area do not fully comply with the requirements of the legislation.

According to Article 16 of the Law of the Republic of Belarus "On Combating Corruption" dated 15.07.2015 No. 305-Z (hereinafter – the Law), a state official, in order to prevent actions that may lead to the use of their official position and related opportunities and the authority based on it for personal, group, and other non-official interests, makes a commitment to comply with the restrictions established by Articles 17-20 of the Law (hereinafter – the commitment), and is informed of the legal consequences of non-fulfillment of such a commitment.

The commitment is formalized in writing by the human resources department of the state organization.

Failure to sign this commitment entails a refusal to appoint to the position of a state official or the dismissal of a state official from the occupied position.

In accordance with paragraph 3 of Article 1 of the Law, state officials include, among others, persons who permanently or temporarily, or by special authority, hold positions related to the performance of organizational and administrative or administrative and economic duties in state organizations.

The inspection established that at the DRSU No. 110 branch, in violation of the law, not all officials who permanently hold positions related to the performance of organizational and administrative duties have made commitments to comply with the restrictions.

In particular, when studying the job description of the second category labor protection engineer O.M. Zubets, it was established that she carries out organizational and methodological guidance and coordinates the work of structural subdivisions within the framework of the labor protection management system, conducts operational control over the state of labor protection, compliance by heads of structural subdivisions and other engineering and technical workers with labor protection legislation, and performs other organizational and administrative functions.

Based on the above signs, the labor protection engineer is classified as a state official, however, O.M. Zubets has not made a commitment to comply with the restrictions provided for in Articles 17-20 of the Law, and it is absent from her personal file, which contradicts the requirements of Article 16 of the Law.

When studying the personal files of individual officials of the DRSU No. 110 branch, it was established that the formalized commitments do not comply with the requirements of the legislation, due to the fact that the regulatory legal acts on which they are based have become invalid.

In particular, the commitments of the branch head P.I. Chernyavsky, chief accountant S.S. Vorokhobko, chief engineer S.V. Lazuko, head of the planning and production sector R.V. Parkhomova, head of the motor transport and road construction machinery section M.P. Moroz, section foreman A.E. Prigun, senior road master V.V. Kukhto, and road master D.G. Gnevko contain a reference to the Law of the Republic of Belarus "On Combating Corruption" dated 20.07.2006, which has become invalid.

The indicated violations of anti-corruption legislation are obvious, and can cause significant harm to the legally protected interests of the state organization.