LAW OF THE REPUBLIC OF BELARUS

of January 8, 2018 No. 95-Z

About modification and amendments in the Code of the Republic of Belarus about administrative offenses and the Procedural and executive code of the Republic of Belarus about administrative offenses

Accepted by the House of Representatives on December 14, 2017

Approved by Council of the Republic on December 19, 2017

Article 1. Bring in the Code of the Republic of Belarus about administrative offenses of April 21, 2003 (The national register of legal acts of the Republic of Belarus, 2003, No. 63, 2/946; No. 87, 2/980; 2004, No. 107, 2/1048; 2005, No. 74, 2/1112; No. 120, 2/1128; No. 179, 2/1151; 2006, No. 7, 2/1188; No. 78, 2/1211; No. 106, 2/1233, 2/1234; No. 111, 2/1242; No. 112, 2/1244, 2/1245; 2007, No. 118, 2/1307, 2/1309; No. 119, 2/1318; No. 120, 2/1325; No. 132, 2/1330; No. 160, 2/1343; No. 175, 2/1370; No. 305, 2/1397, 2/1401; 2008, No. 1, 2/1388; No. 6, 2/1406; No. 14, 2/1417; 2010, No. 16, 2/1651; No. 162, 2/1701; No. 183, 2/1718; No. 300, 2/1750; 2011, No. 4, 2/1777; No. 127, 2/1861; National legal Internet portal of the Republic of Belarus, 19.07. 2012, 2/1961; 27.07. 2013, 2/2062; 12:01. 2014, 2/2118; 03:07. 2014, 2/2163; 17:07. 2014, 2/2174; 17:01. 2015, 2/2239; 22:01. 2015, 2/2240, 2/2241; 14:01. 2016, 2/2349; 22:04. 2016, 2/2356; 22:07. 2016, 2/2403) following changes and amendments:

1. In Item 13 of part 2 of Article 4.3 of the word "material objects to which it can be appropriated" shall be replaced with words "cultural values to which it can be given".

2. State Article 4.5 in the following edition:

"Article 4.5. The acts attracting the administrative responsibility on demand

The acts containing signs of administrative offenses:

intentional causing bodily harm and other violent acts or violation of the protective instruction (Article 9. 1);

slander (Article 9. 2);

insult (Article 9. 3);

refusal in provision to the citizen of information (Article 9. 6);

copyright violation, related rights and right of industrial property (Article 9. 21);

assignment of the found property (Article 10. 6);

causing property damage (Article 10. 7);

destruction or damage of crops, the reaped crop of crops or plantings (Article 10. 8);

intentional destruction or damage of property (Article 10. 9);

illegal use of goodwill of the competitor (Article 11. 26);

road traffic offense by person managing the vehicle, the entailed causing to the victim of slight injury (part 1 of Article 18. 17);

road traffic offense by the pedestrian and other participants of traffic (part 4 of Article 18. 23) in case of causing by the pedestrian, person, the managing bicycle, horse drawn vehicle, or person participating in traffic and not the managing vehicle, to the victim of slight injury or damage of the vehicle, load, paving, road and other constructions or other property;

disclosure of trade or other secret (Article 22. 13), –

attract the administrative responsibility only in the presence of expressed in the procedure for the requirement of the victim or legal representative established by the Procedural and executive code of the Republic of Belarus about administrative offenses to involve person who made administrative offense in the administrative responsibility.".

3. State Article 4.8 in the following edition:

"Article 4.8. Responsibility of the individual entrepreneur and legal entity

1. The physical person bears the administrative responsibility as the individual entrepreneur for making of the administrative offense connected with the business activity performed by it if it is provided by the sanction of Article of the Special part of this Code. At the same time in the field of finance, the security market and banking activity, in the field of business activity, against procedure for the taxation, procedure for customs regulation the physical person bears the administrative responsibility for making of administrative offense as the individual entrepreneur in the presence of at least one of the following conditions:

1) committed act does harm to life or human health or the threat of damnification of life or to human health is created;

2) committed act does property harm to the protected presents by the Code to the rights and interests of more than forty basic sizes;

3) the cost of subject of administrative offense exceeds forty basic sizes;

4) the amount of transaction, the foreign trade transaction or the income in total exceeds forty basic sizes – in cases when in the sanction of Article (part of Article when Article consists of several parts) of the Special part of this Code determination of penalty is provided in the percentage or multiple relation to the amount of transaction, the foreign trade transaction or the income;

5) the income amount exceeds forty basic sizes – in cases when confiscation of income gained as a result of unlawful activity is provided in the sanction of Article (part of Article when Article consists of several parts) of the Special part of this Code;

6) obligatory confiscation is provided in the sanction of Article (part of Article when Article consists of several parts) of the Special part of this Code.

2. Involvement of the individual entrepreneur to the administrative responsibility excludes imposing on it the administrative punishment provided by the same Article of the Special part of this Code for physical person.

3. The legal entity bears the administrative responsibility if it is provided by the sanction of Article of the Special part of this Code. At the same time in the field of finance, the security market and banking activity, in the field of business activity, against procedure for the taxation, procedure for customs regulation the legal entity bears the administrative responsibility for making of administrative offense in the presence of at least one of the conditions specified in Items 1-6 of part of 1 this Article.

4. For making of the administrative offenses provided by parts 1-3 of Article 11. 16, Articles 11. 21, 11.43, 11.64, 11.65, 11.70, part 1 of Article 11. 72, Articles 11. 79, 11.80, part 5 of Article 12. 10, parts 2-6 of Article 12. 11, Articles 12. 28, 12.36, 12.47, parts 1 and 9 of Article 13. 6, parts 1 and 2 of Article 13. 7, parts 1 and 2 of Article 13. 10, part 1 of Article 13.11 of this Code, the individual entrepreneur and the legal entity bear the administrative responsibility irrespective of the conditions specified in Items 1-6 of part of 1 this Article.

5. In case of merge of several legal entities again arisen legal entity is brought to the administrative responsibility for making of administrative offense.

6. When joining the legal entity to other legal entity to the administrative responsibility for making of administrative offense the attached legal entity is brought.

7. In case of separation of the legal entity or in case of allocation from the list of the legal entity of one or several legal entities that legal entity to whom according to the separation balance sheet passed the rights and obligations according to the concluded bargains or property in connection with which the administrative offense was made is brought to the administrative responsibility for making of administrative offense.

8. When transforming the legal entity of one type to the legal entity of other type again arisen legal entity is involved in the administrative responsibility for making of administrative offense.

9. Imposing of administrative punishment on the legal entity does not exempt from the administrative responsibility for this offense the guilty official of the legal entity, as well as attraction to administrative or criminal liability of the official of the legal entity does not exempt from the administrative responsibility for this offense the legal entity.

Note. Basic size for the purposes of this Article is accepted in the amount of, established on the date of making of administrative offense and if such day cannot be established, – on the date of its detection.".

4. In Article 5.5:

the paragraph one to state in the following edition:

"Are not administrative offenses on condition of elimination of violations and (or) compensation caused to the state or other persons of harm no later than three working days from the date of signing of the inspection statement, carried out according to legal acts, and also the international treaties and acts constituting the right of the Eurasian Economic Union:";

add Article with the paragraph the fifth the following content:

"the failure to pay or incomplete payment at the scheduled time the legal entity or the individual entrepreneur of customs payment including made by the official of the legal entity in the amount of no more than one percent from paid amounts of customs payments for each calendar year in which such act was made.".

5. In Article 6.5:

add part 6 with the second offer of the following content: "At the same time in case of failure to pay such penalty in the terms established by part 1 of article 15.3 of the Procedural and executive code of the Republic of Belarus about administrative offenses, the applied size of penalty increases by two basic sizes.";

in part 7:

in Item 1 of the word", confiscation or deportation" shall be replaced with words "or confiscation";

add part with Item 5 of the following content:

"5) to the foreign citizen or the stateless person if deportation, except for the foreign citizen or the stateless person who arrived to the check point through Frontier of the Republic of Belarus for departure from the Republic of Belarus is provided in the sanction of Article (part of Article when Article consists of several parts) of the Special part of this Code.".

6. Regarding 3rd Article 6.6 of the word "to women is aged more senior than fifty five years and to men is aged more senior than sixty years" shall be replaced with words to "persons which reached generally established retirement age".

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