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### SEE PART 3 FOR BEGINNING ###
Article 133. Violation of Legal Rights of Trade Unions
Prevention of legal activity of trade unions and their
bodies -
shall be punishable with corrective labour for a term of up
to one year, or a fine, or a dismissal from the post.
Article 134. Violation of Labour Legislation
An illegal dismissal of a worker from work out of personal
motives no less than another wilful violation of the labour
legislation committed by an official person of an enterprises,
institution, organization -
shall be punishable with corrective labour for a term of up
to one year, or a dismissal from the post.
Article 135. Violation of the Secrecy of Correspondence,
Telephone Talks and Telegraph Messages
Violation of the secrecy of correspondence, telephone talks
and telegraph messages of the citizens -
shall be punishable with corrective labour for a term of up
to six months or a fine, or a public censure, or shall entail an
application of measures of public effect.
Article 136. Refusal of Employment to, or Dismissal of, a
Pregnant Woman or a Nursing Mother
Refusal of employment to, or dismissal of, a woman for the
reasons of her being pregnant no less than a refusal to employ or
dismissal from work a nursing mother for the above reasons -
shall be punishable with corrective labour for a term of up
to one year, or a dismissal from the post.
Article 1361. Persecution of Citizens for Criticism
A wilful infringement by an official person upon the rights
and interests of the citizen protected by the law, connected with
a persecution of him for a submission according to the
established procedure of proposals, applications, claims or for
criticism contained in them, no less than for a criticism in
other form -
shall be punishable with a fine, or a dismissal from the
post.
The same actions if they have caused a substantial harm to
the rights and interests of the citizens protected by the law -
shall be punishable with the deprivation of freedom for a
term of up to two years or corrective labour for a term of one to
two years, or a dismissal from the post.
Article 137. Violation of Labour Protection Rules
Violation by an official person of labour precautions,
technical sanitation rules or other labour protection rules, if
this violation could have entailed accidents with people or other
grave consequences -
shall be punishable with the deprivation of freedom for a
term of up to one year or corrective labour for the same term, or
a dismissal from the post.
The same actions if they have entailed causing of bodily
injuries or loss of ability to work -
shall be punishable with the deprivation of freedom for a
term of up to three years or corrective labour for a term of up
to two years.
Violations specified in part one of this Article which have
entailed a death of a human being or causing of severe bodily
injuries of several people -
shall be punishable with the deprivation of freedom for a
term of up to five years.
Article 138. Infringement upon Copyright or Inventor's Right
Issue under one's own name of somebody else's scientific,
literature, music or art work or other appropriation of a
copyright for such work, or an illegal reproduction or spreading
of such work, no less than forcing to a co-authorship -
shall be punishable with corrective labour for a term of up
to two years, or a fine, or shall entail an application of
measures of public effect.
Announcing of an invention before the application without
consent of the inventor, appropriation of the authorship for the
invention, forcing to co-authorship for the invention, no less
than appropriation for a rationalization proposal -
shall be punishable with corrective labour for a term of up
to two years, or a fine, or shall entail an application of
measures of public effect.
Article 139. Violation of Laws of Separation of the Church
from the State and of the School from the Church
Violation of the laws on the separation of the church from
the State and of the school from the church -
shall be punishable with corrective labour for a term of up
to one year, or a fine.
The same actions committed by a person who has previously
been convicted for a violation of the laws on the separation of
the church from the State and of the school from the church, no
less than an organization activity aimed at committing such
actions -
shall be punishable with the deprivation of freedom for a
term of up to three years.
Article 140. Preventing the Performance of Religious Rites
Prevention from the performance of religious rites inasmuch
as they do not violate public order and are not accompanied by an
infringement upon the rights of the citizens -
shall be punishable with corrective labour for a term of up
to six months or a public censure.
Chapter 10
(Articles 141, 142, 143, 144, 145, 146, 147, 148). Excluded
Chapter 11. CRIMES IN THE SPHERE OF ENTREPRENEURSHIP
AND OTHER ECONOMIC ACTIVITIES*
Article 149. Transfer or Dispatch to the Consumer of
Substandard, Incomplete or Non-standard Products
A transfer or dispatch to the consumer from the industrial
enterprise of knowingly substandard, incomplete products or of
products that do not meet the compulsory standards,
specifications or requirements of other normative and technical
documentation in especially grand amounts, committed by an
official person -
shall be punishable with the deprivation of freedom for a
term of up to three years, or a fine, or a dismissal from the
post.
Article 149.1. Excluded.
--------------------------
* The name of Chapter 11 has the wording of the Law of the
Republic of Belarus of March 1, 1994 (Records of the Supreme
Soviet of the Republic of Belarus, 1994, N 12, p. 176.)
Article 1492. Realization of Products Contamination with
Radionuclides in Excess of the Permissible Levels
Realization (sale or other transfer) of products
contaminated with radionuclides in excess of the permissible
levels committed by a citizen after administrative penal measures
have been applied for a similar violation -
shall be punishable with corrective labour for a term of up
to one year or a fine with the confiscation of these products.
The same actions committed by an official person after
administrative penal measures have been applied for a similar
violation -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for the same term,
or a fine, or a dismissal from the post.
Article 150. Excluded
Article 1501. Pseudo-entrepreneurship
Pseudo-entrepreneurship, that is, the creation of
enterprises and other entrepreneurial structures without the
intention to carry on their statutory activities for the purpose
of obtaining of credits, loans or for covering of forbidden
entrepreneurial activities, or for concealment, decrease of
profits, incomes, other objects of taxation or other obtaining of
material benefits -
shall be punishable with the deprivation of freedom for a
term of up to two years or a fine.
Article 1502. Fraudulent Obtaining of Credits or Subsidies
(Grants)
Submission by an entrepreneur or official person of an
economic subject, for the purposes of obtaining a credit or
subsidies (grants), of knowingly false documents and certificates
on circumstances having a substantial significance for the
obtaining of a credit or subsidies (grants), no less than a
wilful failure of the entrepreneur or the official person of an
economic subject to inform authorized bodies on the onset of
circumstances that can entail a suspension of crediting or
subsidizing (granting) or a restriction of the amounts of credits
or subsidies (grants) being provided -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for the same term
with the deprivation of the right to hold definite posts or be
engaged in definite activity, or a fine.
Article 1503. False Bankruptcy
Submission by an entrepreneur or official person of an
economic subject of knowingly false documents with the purpose of
declaring of the economic subject insolent or bankrupt (a false
bankruptcy) -
shall be punishable with the deprivation of freedom for a
term of up to three years with or without the deprivation of
property.
The same actions if they have entailed the causing of
especially grand damage or other grave consequences -
shall be punishable with the deprivation of freedom for a
term of up to five years with the confiscation of property.
Article 1504. Persistent Bankruptcy
Wilful concealment by an entrepreneur who is an insolvent
debtor or by an official person of an economic subject who is an
insolvent debtor of his economic insolvency by submitting
information that does not correspondent to the reality, forging
documents, misrepresenting accounting records or by other
methods, if such actions have caused to the creditors a grand
material damage (persistent bankruptcy) -
shall be punishable with the deprivation of freedom for a
term of up to three years, or corrective labour for a term of up
to two years with the deprivation of the right to hold definite
posts or be engaged in definite activity, or a fine.
Article 1505. Frustration of Reimbursement of Losses to the
Creditor
Concealment, sale or destruction of one's own property in a
grand amount by an entrepreneur of official person of an economic
subject who faces an economic insolvency or bankruptcy with the
purpose of frustrating or reducing reimbursement of losses of the
creditor -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for the same term,
or a fine.
Article 1506. Speculation
Buying-out at enterprises (in organizations) of the state
trade or consumer cooperation of the Republic of Belarus of
commodities designated to be sold to the population through
retail trade, and resale of such commodities with the purpose of
profits (speculation) -
shall be punishable with the deprivation of freedom for a
term of up to three years with or without the confiscation of
property, or corrective labour for a term of two years, or a
fine.
Speculation committed in grand amounts or an a preliminary
agreement by a group of people no less than by a worker of trade
-
shall be punishable with the deprivation of freedom for a
term of up to six years with the deprivation of property, or a
fine.
Article 151. Violation of the Procedure of the Performance
of Entrepreneurial Activity
Entrepreneurial activities carried on without the state
registration or without a special permission (licence), if such
actions have been committed within one year after an
administrative penalty has been imposed for a similar violation,
or with the obtaining of an income in a grand amount -
shall be punishable with the deprivation of freedom for a
term of up to three years, or the deprivation of the right to
hold definite posts or be engaged in definite activity for a term
of up to five years, or a fine.
The same actions committed on a preliminary agreement by a
group of persons, or with the obtaining of income in especially
grand amount, or by a person who has been previously convicted
for crimes envisaged in the present Article -
shall be punishable with the deprivation of freedom for a
term of three to seven years with or without the deprivation of
property, or a fine with or without the deprivation of the right
to hold definite posts or be engaged in definite activity for a
term of up to five years.
Article 1511. Excluded
Article 1512. Excluded
Article 1513. Violation of the Anti-monopoly Legislation
Evasion by an official person of a body of management or of
an economic subject of the fulfillment, or inadequate or untimely
fulfilment by him, of instructions of anti-monopoly bodies, as
well as a failure to submit information to these bodies
(documents, written or oral explanations) or a submission of
knowingly false information, required for the anti-monopoly
bodies to exercise their functions, if committed within one year
after an administrative penalty has been imposed for similar
violations -
shall be punishable with the deprivation of freedom for a
term of up to two years with the deprivation of the right to hold
definite posts or be engaged in definite activity, or a fine.
Article 1514. Establishment and Maintenance of Monopoly
Prices
Establishment and maintenance of monopoly prices by way of
an agreement of entrepreneurs or official persons of economic
subjects on the activities on the joint market or by way of an
agreement of the same persons on the division of the markets, if
committed within one year after an administrative penalty has
been imposed for similar violations -
shall be punishable with the deprivation of freedom for a
term of up to two years with the deprivation of the right to hold
definite posts or be engaged in definite activity, or a fine.
Wilful establishment and maintenance of monopoly prices,
connected with an application of violence or a threat in relation
to the competitors -
shall be punishable with the deprivation of freedom for a
term of three to seven years with the confiscation of property
and with or without the deprivation of the right to hold definite
posts or be engaged in definite activity.
Article 1515. Unfair Competition
Abuse by an entrepreneur or official person of an economic
subject of his dominating position at the market, including by
restricting or discontinuing the production or withdrawing from
the circulation of products (commodities, work, services) for
making them in deficit, a conclusion and fulfilment of agreements
on the division of the markets, removal of other economic
subjects from the markets or on other conditions that restrict
competition substantially, committing of other actions aimed at
infringing upon legal interests of the person carrying on similar
activities, and of consumers if committed within one year after
an administrative penalty has been imposed for similar violations
-
shall be punishable with the deprivation of freedom for a
term of up to two years with or without the confiscation of
property or a fine.
Actions envisaged in part one of this Article committed with
an application of violence or a threat, or by an organized group,
or a person who has been previously convicted for crimes
envisaged by the present Article or Articles 1513, 1514 of this
Code -
shall be punishable with the deprivation of freedom for a
term of two to five years with the confiscation of property.
Article 152. Illegal Use of Trademarks
Illegal use of somebody else's trademark -
shall be punishable with corrective labour for a term of up
to six months or a fine of up to one thousand five hundred
roubles.*
--------------------------
* In accordance with the Law of the Republic of Belarus of
March 1, 1994 (Records of the Supreme Soviet of the Republic of
Belarus, 1994, N 12, p. 176) references to the specific amounts
of the fines have been excluded from this Code, except Articles
67 and 152.
Article 1521. Illegal Use of Business Reputation of a
Competitor
Wilful violation by an entrepreneur or official person of an
economic subject of the fair competition rules by the use of a
trademark or the name of another economic subject, a service
mark, the name of the firm, the marking of commodities of a
competitor or by copying industrial specimens of the competitor
or committing of other actions causing a mixing of products
(commodities, work, services) or activities with products or
activities of the competitor -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for a term of up to
one year, or a fine.
Article 1522. Discrediting of Business Reputation of a
Competitor
Spreading by an entrepreneur of official person of an
economic subject through mass media, in advertising or other
publications of knowingly false information inflicting harm to
the business reputation of a competing economic subject -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for the same term,
or a fine.
Article 1523. Spreading of False Information on Products
(Commodities, Work, Services)
Wilful spreading of false information or an application of
advertising misleading the consumer about the quality, quantity,
composition, method of fabrication or other characteristics of
the products (commodities, work, services) -
shall be punishable with corrective labour for a term of up
to two years, or a fine.
The same actions in relation to products (commodities, work,
services) if the may cause harm to the health of the consumers -
shall be punishable with the deprivation of freedom for a
term of up to three years with the deprivation of the right to
hold definite posts or be engaged in definite activity.
Article 1524. Frustration of Public Sales
Committing for lucrative purposes of actions which have
frustrated public sales (auctions) to the detriment of the owner
of the property or of another economic subject for the benefit of
which the sales are carried on -
shall be punishable with corrective labour for a term of up
to six months or a fine.
Article 1525. Commercial Bribery
The obtaining by a worker of an economic subject who is not
an official person of material values or of services of the
property nature for an action (omission) in the interests of the
giver, connected with the work which is performed by this person
and which is known in advance to be able to cause harm to the
interests of the owner of the enterprise or to his clients -
shall be punishable with the deprivation of freedom for a
term of up to three years with or without the confiscation of
property, or corrective labour for a term of two years, or the
deprivation of the right to hold definite posts or be engaged in
definite activities, or a fine.
Article 153. Deception of Buyers and Customers
Incorrect measuring, weighing, calculation, an exceeding of
the established retail prices as well as of prices and tariffs
for communal and home services rendered to the population, or
other deception of buyers and customers in shops and at other
trade enterprises or public catering enterprises, communal
service enterprises and communal facilities -
shall be punishable corrective labour for a term of up to
two years, or a fine, or the deprivation of the right to hold
definite posts or be engaged in definite activities for a term of
two to five years.
The same actions committed on a preliminary agreement by a
group of persons or in grand amounts or by persons who have been
previously convicted for the same crimes -
shall be punishable with the deprivation of freedom for a
term of two to seven years with or without the confiscation of
property with the deprivation of the right to hold definite posts
or be engaged in definite activities for a term of two to five
years.
Article 154. Issue for Sale of Substandard, Non-standard and
Incomplete Commodities
Repeated issue or an issue in grand amounts for the purpose
of sale at trade enterprises of knowingly substandard,
non-standard or incomplete commodities by the manager of the
shop, warehouse, store, section no less than by a commodity
expert or a quality inspector -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for the same term,
or a fine, or the deprivation of the right to hold the above
posts.
Article 155. Fabrication, Storage with the Purpose of Sale
or Sale of Strong Home-Made Alcoholic Beverages
Fabrication or storing with the purpose of sale of home-made
strong alcoholic beverages or fabrication or storing for the
purpose of sale of distilling devices, no less than sale of the
above alcoholic beverages or devices -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for a term of up to
one year, or a fine.
The same actions committed by a person who has been
previously convicted for crimes envisaged by the present Article
-
shall be punishable with the deprivation of freedom for a
term of up to three years, or corrective labour for a term of up
to two tears.
Article 156. Violation of the Rules of Trade in Alcoholic
Beverages
Violation by workers of trade and public catering
enterprises (organizations) of the rules of trade in vodka and
other alcoholic beverages, committed by a person who has been,
within one year, subjected to an administrative penalty for the
above violation -
shall be punishable with corrective labour for a term of up
to two tears or a fine with the deprivation of the right to work
at trade and public catering enterprises (organizations) for a
term of three to five years.
Article 1561. Obtaining of Illegal Remuneration from
Citizens for the Fulfilment of Work Connected with
the Services Rendered to the Population
Obtaining by the worker of an enterprise, institution or
organization, who is not an official person, by extorting an
illegal remuneration from a citizen for the performance of work
or rendering of services in the sphere of trade, public catering,
communal, medical, transport or other services rendered to the
population, which are included into the official duties of such
worker -
shall be punishable corrective labour for a term of up to
one year or a fine.
The same actions committed repeatedly or in grand amounts -
shall be punishable with the deprivation of freedom for a
term of up to three years or a fine.
Article 1562. Violation of the Trade Rules
Violation of the trade rules, that is, sale of commodities
or medicaments from stores, bases, auxiliary rooms of state
communal-service, trade (public catering), health enterprises
(organizations) or when they are being delivered to the place of
keeping (realization), no less than concealment of commodities or
medicaments from buyers, if committed within one year after an
administrative penalty has been imposed for similar violations,
or for lucrative or other personal interests -
shall be punishable with the deprivation of the right to
hold definite posts or be engaged in definite activities for a
term of up to five years or a fine.
The same actions committed on a preliminary agreement by a
group of persons or in grand amounts -
shall be punishable with the deprivation of freedom for a
term of up to three years or with the deprivation of the right to
hold definite posts or be engaged in definite activities for a
term of up to five years, or a fine.
Article 1563. Excluded
Article 157. Forgery of Postal Payment Notes and Travel
Tickets
Forgery of post stamps or other notes of postal payment, or
international return coupons, no less than the use or issue for
circulation of forged post stamps or other postal payment notes,
or international return coupons -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for the same term.
Fabrication or sale of forged tickets or other documents for
travel of passengers or transportation of cargo -
shall be punishable with the deprivation of freedom for a
term of up to three years.
Article 158. Violation of Veterinary Rules
Violation of veterinary rules which has entailed a spreading
of contagious diseases of animals or other grave consequences -
shall be punishable with the deprivation of freedom for a
term of up to three years, or corrective labour for a term of up
to two years.
Article 159. Violation of the Rules Established for
Combating Plant Diseases and Pests
Violation of the rules established for combating plant
diseases and pests which has entailed grave consequences -
shall be punishable with the deprivation of freedom for a
term of up to one year, or corrective labour for the same term,
or a fine.
Article 160. Carrying on of Forbidden Types of
Entrepreneurial Activities
Carrying on forbidden types of entrepreneurial activities if
such actions have been committed within one year after an
administrative penalty has been imposed for a similar violation
or with the obtaining of income in a grand amount -
shall be punishable with the deprivation of freedom for a
term of up to three years, or corrective labour for a term of one
to two years, or the deprivation of the right to hold definite
posts or be engaged in definite activities for a term of up to
five years, or a fine.
The same actions committed on a preliminary agreement by a
group of persons or with the obtaining of incomes in especially
grand amounts, or by a person who has been previously convicted
for crimes envisaged in this Article -
shall be punishable with the deprivation of freedom for a
term of one to seven years with or without the confiscation of
property, and the deprivation of the right to hold definite posts
or be engaged in definite activities for a term of up to five
years.
Article 1601. Concealment, Decrease of Profits and Incomes
Concealment or deliberate decrease of profits, incomes or
other objects of taxation, evasion of a submission of a
declaration on incomes subject to the income tax, committed
within one years after an administrative penalty has been imposed
for similar violations, no less than concealment or decrease of
profits or incomes entailing a causing of damage in grand amount
-
shall be punishable with the deprivation of freedom for a
term of up to three years with or without the deprivation of the
right to hold definite posts or be engaged in definite activities
for a term of up to five years, or a fine.
The same actions which have entailed a causing of a damage
in especially grand amounts -
shall be punishable with the deprivation of freedom for a
term of one to seven years with or without the confiscation of
property and the deprivation of the right to hold definite posts
or be engaged in definite activities for a term of up to five
years.
Article 161. Illegal Carrying of Fishery or Other
Water-Related Operations
Illegal carrying on of fishery or other water-related
operations in rivers, lakes, ponds, water reservoirs without an
appropriate permission to do such or at prohibited period or at
prohibited places or with the use of disallowed tools, methods or
techniques -
shall be punishable with the deprivation of freedom for a
term of up to one year, or corrective labour for the same term,
or a fine with or without the confiscation of the catch, tools of
catching and navigation craft with their accessories.
The same actions if they been committed anew or are
connected with a catch or killing of valuable species of fish or
water animals, or with a causing of a great damage -
shall be punishable with the deprivation of freedom for a
term of up to four years with or without the confiscation of
property.
Article 162. Carrying On of Timber Floating or Performance
of Explosive Operations with Violation of the Fishery Stock
Protection Rules
Carrying on of timber floating or explosive operations with
a violation of the rules established for the protection of fish
stocks -
shall be punishable with corrective labour for a term of up
to six months, or a fine.
Article 163. Illegal Hunting
Hunting without an appropriate permission or at prohibited
places or prohibited period using prohibited tools or methods, if
such actions have been committed after administrative penal
measures have been applied for a similar violation -
shall be punishable with the deprivation of freedom for a
term of up to one year, or corrective labour for the same term,
or a fine with the confiscation of the catch, rifles and other
tools of hunting.
Hunting of animals and birds which are totally prohibited to
do this, or illegal hunting that has caused a great damage, or
hunting on the territory of a state reserve or with the use of
automobile transport means -
shall be punishable with the deprivation of freedom for a
term of up to three years with the confiscation of the catch,
rifles and other tools of hunting.
Article 1631. Excluded
Article 164. Damaging of Sown Crops
Deliberate damage of sown crops as well as deliberate damage
of field-protection woods, fruit and berry as well as other
plants if it has caused a great damage -
shall be punishable with corrective labour for a term of up
to two years or a fine.
Article 165. Illegal Cutting of Wood
Illegal cutting of trees and shrubs and bushes in the
first-group woods having water-protection, sanitary-and-hygienic
or climate-protection importance, or in woods of the reserves,
national and natural parks, reserved parts of the woods, woods of
scientific or historic importance, monuments of nature, forest
parks, if the amount of damage exceeds twenty minimum salaries,
and in other woods referred to the first group - if the amount of
the damage exceeds thirty minimum salaries according to the rate
established for computing the amounts of collection for the
damage caused by an illegal cutting or damage of trees, bushes
and shrubs, as well as a cutting of trees, bushes and shrubs in
the above woods if this has entailed a damage in a smaller
amount, but if committed anew -
shall be punishable with the deprivation of freedom for a
term of up to one year, or corrective labour for a term of up to
one year, or a fine.
The same actions which have caused a great damage as well as
a destruction of trees, bushes and shrubs registered in the Red
Book -
shall be punishable with the deprivation of freedom for a
term of two to five years, or corrective labour for a term of one
to two years, or a fine.
Chapter 12. MALFEASANCE IN OFFICE
Article 166. Abuse of Power or of Office
An abuse of power or abuse of office, that is, deliberate
use by an official person of his official position to the
detriment of the office, if it has been committed for lucrative
or other personal interests and has caused a great damage or a
substantial harm to rights and legal interests of the citizens or
to state or public interests -
shall be punishable with the deprivation of freedom for a
term of up to three years, or corrective labour for a term of up
to two years, or the dismissal from the post.
An abuse of power or of office, if it has been committed by
a person holding a responsible post or when performing functions
of destatization or privatization of state property, or has
caused grave consequences -
shall be punishable with the deprivation of freedom for a
term of up to eight years.
N o t e: Official persons (officials) as used in the
Articles of this Code shall mean:
representatives of power (authorities), that is, civil
servants entitled, within their competence, to give instructions,
orders and take decisions in respect of persons who are not their
official subordinates;
representatives of the public, that is, persons who are not
civil servants but who exercise, according to the established
procedure, authorities of representatives of power when
performing duties for the protection of the public order,
combating of offenses, administration of justice;
persons who hold, permanently or temporarily, in
institutions, organizations or at enterprises (irrespective of
their form of property) posts connected with the execution of
organizational-and-managerial or administrative-and-managerial
duties, or persons who are authorized, according to the
established procedure, to perform legal actions.
Official persons (officials) holding responsible posts, as
used in the Articles of this Code, shall mean leaders of the
supreme bodies of state power and government of the Republic of
Belarus and their deputies, heads of ministers, departments,
other state bodies subordinated to the Supreme Soviet of the
Republic of Belarus or to the Council of Ministers of the
Republic of Belarus and their deputies, heads of executive and
managerial bodies of the local Soviets of People's Deputies* and
their deputies, judges, prosecutors and their deputies, heads of
departments (offices) of the Committee of State Security of the
Republic of Belarus and their deputies, heads of departments
(offices) of internal affairs and their deputies.
---------------------
* In accordance with the Constitution of the Republic of
Belarus which entered into force as of March 30, 1994 local
representative bodies of power shall be named "local Soviets of
Deputies".
Article 166.1. Non-feasance of Power
Deliberate non-feasance (omission) or inappropriate
performance by a representative of power of official actions
which he should have and could have performed by force of
official duties imposed on him, if this has entailed the causing
of a great damage or a substantial harm to the rights and legal
interests of citizens or to state or public interests or has been
connected with the connivance at a crime
shall be punishable with the deprivation of freedom for a
term of up to three years, or corrective labour for a term of up
to two years, or the deprivation of the right to hold definite
posts for a term of up to five years, or a fine.
Article 167. Excess of Power or of Official Authorities
Excess of power or official authorities (powers), that is, a
deliberate committing by an official person (official) of actions
obviously exceeding the limits of rights and powers given to him
by the law, if it has resulted in a great damage or a substantial
harm caused to the rights and legal interests of the citizens or
to state or public interests -
shall be punishable with the deprivation of freedom for a
term of up to three years, or corrective labour for a term of up
to two years, or the dismissal from the post.
Excess of power or official authorities, if it has been
accompanied by violence, application of weaponry or actions which
are tormenting or humiliating to the personal dignity of the
sufferer, as well as committed by a person holding a responsible
post -
shall be punishable with the deprivation of freedom for a
term of three to seven years with the deprivation of the right to
hold definite posts.
Article 168. Neglect of Duties
Omission or inappropriate performance by an official person
(official) of his official duties because of negligent attitude
to their performance, if it has entailed, through carelessness,
the causing of especially great damage or a substantial harm to
the rights and legal interests of the citizens or to state or
public interests -
shall be punishable with the deprivation of freedom for a
term of up to three years, or corrective labour for a term of up
to two years, or a fine, or the dismissal from the post.
Article 169. Receiving of a Bribe
Receiving of a bribe, that is, a knowingly illegal
acceptance by an official person of material values or an
acquisition of benefits of the property nature provided to him
exclusively in view of his official post for a support or
connivance in office, a favourable solution of issues within his
competence, or for a performance or a failure to perform in the
interests of the person giving the bribe of any action which this
person should have or could have performed using his official
post -
shall be punishable with the deprivation of freedom for a
term of up to ten years with the confiscation of property.
The same actions committed on a preliminary agreement by a
group of persons or repeatedly or if connected with an extortion
of a bribe, or receiving of a bribe in a great amount -
shall be punishable with the deprivation of freedom for a
term of five to fifteen years with the confiscation of property.
Actions envisaged by parts one and two of this Article
committed by an official person holding a responsible post, or by
a person who has been previously convicted for bribery or who has
received a bribe in especially grand amount -
shall be punishable with the deprivation of freedom for a
term of eight to fifteen years with the confiscation of property.
Article 1691. Intermediation in Bribery
Intermediation in bribery, that is, a direct passing of a
bribe from the bribegiver to the bribetaker -
shall be punishable with the deprivation of freedom for a
term of two to eight years.
Intermediation in bribery committed repeatedly or by a
person who has been previously convicted for bribery or who has
used his official post -
shall be punishable with the deprivation of freedom for a
term of seven to fifteen years with the confiscation of property.
Article 170. Giving of a Bribe
Giving of a bribe -
shall be punishable with the deprivation of freedom for a
term of three to eight years.
Giving of a bribe repeatedly or by a person who has been
previously convicted for bribery -
shall be punishable with the deprivation of freedom for a
term of seven to fifteen years with or without the confiscation
of property.
A person who has given a bribe shall be exempted from
criminal liability if he has been forced to give bribe or if this
person, after the giving of the bribe, has voluntarily informed
about the happening.
Article 171. Forgery in Office
Forgery in office, that is, introduction by an official
person or another authorized person of knowingly false
information or records into official documents, a falsification,
as well as a making or issue of knowingly false documents which
have been committed for lucrative or other person interests with
no signs of a graver crime -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for the same term,
or the dismissal from the post.
Article 1711. Concealment of, or Refusal to Present,
Official Documents
Deliberate concealment of, or a refusal to present by a
person, which works (performs his service) at an enterprise,
institution, organization (irrespective of the form of property
and conditions of economic management), official documents on the
state, official or economic activities to representatives of the
bodies of prosecution, internal affairs, state security, court,
financial or other bodies of control -
shall be punishable with a fine with the deprivation of the
right to hold definite posts or be engaged in definite activity.
Chapter 13. CRIMES AGAINST JUSTICE
Article 172. Bringing to Criminal Responsibility of a
Knowingly Innocent Person
Bringing of a knowingly innocent person to criminal
responsibility by a person instituting the inquiry, an
investigator or a prosecutor -
shall be punishable with the deprivation of freedom for a
term of up to three years.
The same actions connected with accusation of a special
dangerous crime against the State or other grave crime, or with
an artificial creation of proofs of accusation -
shall be punishable with the deprivation of freedom for a
term of three to ten years.
Article 1721. Interference into the Settlement of Judicial
Cases
Influencing in whatever the form may be of judges or
people's assessors with the purpose of preventing an all-round,
complete and objective consideration of a concrete case or making
an unlawful judicial solution -
shall be punishable with corrective labour for a term of up
to one year or a fine.
The same actions committed with the use of the official post
-
shall be punishable with the deprivation of freedom for a
term of up to three years, or corrective labour for a term of one
to two years.
Article 1722. Threat in Relation to a Judge or a People's
Assessor
A treat with killing, violence or destruction of property in
relation to a judge or a people's assessor no less than to their
close relations in connection with the administration of justice
by the judge or the people's assessor -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for the same term.
Article 1723. Insult of a Judge or a People's Assessor
Insult of a judge or a people's assessor in connection with
their activities for the administration of justice -
shall be punishable with corrective labour for a term of up
to one year or a fine.
Article 173. Passing of a Knowingly Illegal Sentence,
Decision, Ruling or Decree
Passing by judges of a knowingly illegal sentence, decision,
ruling or decree -
shall be punishable with the deprivation of freedom for a
term of up to three years.
The same actions which have entailed grave consequences -
shall be punishable with the deprivation of freedom for a
term of three to ten years.
Article 174. Knowingly Illegal Arrest or Detention
A knowingly illegal arrest -
shall be punishable with the deprivation of freedom for a
term of up to one year.
A knowingly illegal detention -
shall be punishable with corrective labour for a term of up
to one year or the dismissal from the post.
Article 175. Forcing to the Giving of Evidence
Forcing to the giving of evidence by using threats or other
illegal actions on the part of the person making inquiry or
preliminary investigation -
shall be punishable with the deprivation of freedom for a
term of up to three years.
The same actions connected with the use of violence or
brutal mockery in relation to the person being interrogated -
shall be punishable with the deprivation of freedom for a
term of three to ten years.
Article 176. Knowingly False Information
A knowingly false information about the committing of a
crime -
shall be punishable with the deprivation of freedom for a
term of up to two years, or corrective labour for the same term.
The same actions connected with an accusation of a special
dangerous crime against the State or another grave crime or with
an artificial creation of the proofs of accusation, no less than
committed for lucrative purposes -
shall be punishable with the deprivation of freedom for a
term of two to seven years.
Article 177. Knowingly False Evidence
A knowingly false evidence by a witness, the sufferer or a
knowingly false conclusion by an expert, as well as a knowingly
incorrect translation made by the interpreter in the court or
during the execution of the preliminary investigation or inquiry-
shall be punishable with the deprivation of freedom for a
term of up to one year, or corrective labour for the same term.
The same actions connected with an accusation of a special
dangerous crime against the State or another grave crime or with
an artificial creation of proofs of accusation, no less than
committed for lucrative purposes -
shall be punishable with the deprivation of freedom for a
term of two to seven years.
N o t e : Responsibility for crimes envisaged in Articles
177, 178, 185 and 186 of this Code shall not applied to close
relations of the person who has committed crimes enumerated in
paragraph 9 of Article 22 of the Criminal Procedural Code of the
Republic of Belarus.
Article 178. Refusal of a Witness or the Sufferer from
Giving Evidence or of an Expert or Interpreter from
Performing the Duties Imposed on Them
Refusal of a witness or the sufferer from giving evidence or
refusal of an expert or interpreter without justified grounds
from performing at the court, bodies of preliminary investigation
or inquiry the duties imposed on them -
shall be punishable with corrective labour for a term of up
to six months or a fine.
Article 179. Prevention of the Appearance of a Witness, the
Sufferer or of Their Giving Evidence, Forcing of Them
or of an Expert to the Refusal from Giving Evidence
or a Conclusion, or to Giving of False Evidence or a
Conclusion
Prevention of the appearance of a witness, the sufferer to
the court, bodies of preliminary investigation or inquiry, or of
their giving evidence -
shall be punishable with corrective labour for a term of up
to six months or a fine.
Forcing of a witness, the sufferer or an expert to an
abandonment of evidence or to a refusal of giving the conclusion,
to the giving of knowingly false evidence or conclusion through a
threat of killing, violence, destruction of the property of these
persons or of their near people, a disclosure of information
which these persons wish to retain secret, no less than a bribery
of a witness, the sufferer of an expert for the same purpose or a
threat to commit the above actions out of vengeance for the
previously given evidence or the conclusion -
shall be punishable with the deprivation of freedom for a
term of up to four years or corrective labour for a term of up to
two years.
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### SEE PART 5 FOR CONTINUE ###
