The Public Prosecutor of the Central district of Minsk regularly monitors the fulfillment of the laws, decrees, orders and other regulations by the republican administrative authorities and other governmental organizations, subordinated to the Council of Ministers of the Republic of Belarus; local representative, executive and regulatory bodies, public associations, religious organizations and other organizations, officials and other citizens, including sole proprietors.
The Public Prosecutor monitors the public procurement laws of the Republic of Belarus. The key regulations on public procurements are Law No. 419-З as of June 17, 2012 “On public procurement of goods (works, services)”, Resolution No.778 of the Council of Ministers of the Republic of Belarus as of August 22, 2012 “On certain measures for the performance of Law “On public procurement of goods (works, services)”” and Decree No.590 of the President of the Republic of Belarus as of December 31, 2013 “On certain issues of public procurement of goods (works, services)”.
For the purpose of monitoring of the performance of public procurement laws, the Public Prosecutor of the Central district of Minks monitors the official website of the National Center of Marketing, Republican Unitary Enterprise, www.icetrade.by . Any information on public procurements and regulations on public procurements is published on this website. Any violation of public procurement laws is the subject to administrative penalty in the amount of up to 100 base values (according to Clauses 4-5 of Article 11.16 of the Code of Administrative violations of the Republic of Belarus).
According to Article 27 of the Labour Code of the Republic of Belarus and Article 18 of Law “On anti-corruption efforts” (hereinafter referred to as the Law), no spouse, close relative or relative-in-law shall occupy the position of a chief (deputy chief), chief accountant (deputy chief accountant) or cashier at the same state organization (separate subdivision), if they are directly supervised by or subordinated to the other spouse, close relative or relative-in-law. There no other direct prohibitions for co-employment in the laws of the Republic of Belarus.
The subordination means that a chief of an organization (separate subdivision) is entitled to make orders, resolutions and instructions and to claim their performance by an employee.
The supervision means the relations between an executive, who performs certain duties, and a person, who supervises this performance in part or in whole.
The directness means that an employee is directly supervised by or subordinated to a chief.
Thus, co-employment is permitted, if a spouse, close relative or relative-in-law is not directly supervised by to subordinated to the other spouse, relative or relative-in-law,
Beside the above restrictions on co-employment, the Law stipulates the procedure for the minimization of corruption risks and the procedure for the prevention and settlement of the conflict of interest (Article 21 of the Law)
According to Clause 1 of Article 21 of the Law, a state official shall notify in written its direct chief of any existing or possible conflict of interest as soon as the state official learns about it. The chief shall notify a chief of a state body or other organization on the existing or possible conflict of interest and the results of the consideration of this information. Clause 5 of Article 21 of the Law specifies the legal consequences for the failure to comply with the procedure for the prevention and settlement of the conflict of interest.
If a state official knows about any existing or possible conflict of interest and fails to notify hereon, the state official may be denied another state position or may be hold disciplinary liable (dismissed) in accordance with the procedure set forth by relevant regulations.
The Public Prosecutor of the Central district of Minsk.