RESOLUTION OF THE MINISTRY OF DEFENCE OF THE REPUBLIC OF BELARUS, MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS, MINISTRY OF EMERGENCY SITUATIONS OF THE REPUBLIC OF BELARUS AND COMMITTEE FOR STATE SECURITY OF THE REPUBLIC OF BELARUS

of October 25, 2018 No. 18/311/57/13

About approval of the Instruction about payment procedure of pensions to the pensioners condemned to imprisonment

Based on Item 27-1 of the resolution of Council of Ministers of the Republic of Belarus of July 5, 1993 No. 432 "About procedure for calculation of length of service, appointment and pension payment and benefits to the military personnel of officers, ensigns, warrant officers, sergeants and foremen, soldiers and sailors passing military service under the contract, faces of the commanding and ordinary structure of the Investigative Committee, the State committee of judicial examinations, law-enforcement bodies, bodies and divisions on emergency situations, bodies of financial investigations and to members of their families", subitem 7.4 of Item 7 of the Regulations on the Ministry of Defence of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 7, 2006 No. 719 "Questions of the central bodies of military management of Armed Forces of the Republic of Belarus", subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus No. 611 approved by the Presidential decree of the Republic of Belarus of December 4, 2007 "About some questions of the Ministry of Internal Affairs and the organizations which are a part of the system of law-enforcement bodies", subitem 7.4 of Item 7 of the Regulations on the Ministry of Emergency Situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 29, 2006 No. 756 "About some questions of the Ministry of Emergency Situations" of subitem 10.4 of Item 10 of the Regulations on Committee for State Security of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of July 23, 2013 No. 325 "About some questions of Committee for State Security" the Ministry of Defence of the Republic of Belarus, the Ministry of Internal Affairs of the Republic of Belarus, the Ministry of Emergency Situations of the Republic of Belarus and Committee for State Security of the Republic of Belarus DECIDE:

1. Approve the enclosed Instruction about payment procedure of pensions to the pensioners condemned to imprisonment.

2. This resolution becomes effective after its official publication.

Minister of Defence of the Republic of Belarus lieutenant general

A. A. Ravkov

Minister of Internal Affairs of the Republic of Belarus militia lieutenant general

I. A. Shunevich

Minister of Emergency Situations of the Republic of Belarus lieutenant general of internal service

V. A. Vashchenko

Chairman of Committee for State Security of the Republic of Belarus lieutenant general

V.P.Vakulchik

It is approved Chairman of the board of open joint stock company "Belarusbank savings bank

V. M. Ananich

 

Approved by the Resolution of the Ministry of Defence of the Republic of Belarus, the Ministry of Internal Affairs of the Republic of Belarus, the Ministry of Emergency Situations of the Republic of Belarus and Committee for State Security of the Republic of Belarus of October 25, 2018 No. 18/311/57/13

The instruction about payment procedure of pensions to the pensioners condemned to imprisonment

1. In this Instruction the procedure for the organization of work on pension payment to the pensioners of the Ministry of Defence of the Republic of Belarus, the Ministry of Internal Affairs of the Republic of Belarus, the Ministry of Emergency Situations of the Republic of Belarus, Committee for State Security of the Republic of Belarus condemned to imprisonment, except for minors is determined (further if other is not determined, - pensioners).

2. For the purposes of this Instruction the following main terms and their determinations are applied:

2.1. bank - the dug-out joint-stock company "Belarusbank savings bank;

2.2. documents for deduction - the documents specified in part one of article 57 of the Law of the Republic of Belarus of December 17, 1992 "About provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies and divisions on emergency situations and bodies of financial investigations" (Vyarkho¸naga Savet's Vedamasts_ of Respubl_k_ Belarus, 1992, No. 36, the Art. 571);

2.3. correctional facility - the pre-trial detention center, corrective labor colony, prison, medical correctional facility, the arestny house;

2.4. pension body - the relevant pension organ of the Ministry of Defence of the Republic of Belarus, the Ministry of Internal Affairs of the Republic of Belarus, the Ministry of Emergency Situations of the Republic of Belarus, Committee for State Security of the Republic of Belarus;

2.5. the order - written specifying of pension body to bank about conditions, regulations and payment procedure of pension to the pensioner.

3. Transfer of pension in correctional facility in the place where the pensioner serves sentence, is performed according to the order of pension body to which pension before condemnation of the pensioner to imprisonment was paid.

4. The correctional facility in five-day time from the date of receipt or disposal of the pensioner sends the written message on it to pension body in which pension before condemnation of the pensioner to imprisonment was paid.

The message on disposal of the pensioner in the specified time also goes to pension body in cases of transfer of the pensioner from one correctional facility in another or the death of the pensioner during its stay in correctional facility.

5. In the message on arrival of the pensioner are specified:

full name, location and bank details of correctional facility;

surname, own name, middle name (if that is available), birth date of the pensioner;

data on registration of the pensioner on the residence before receipt it in correctional facility;

date of taking prisoner and completion date of custodial sanction (the beginning, the termination) with reference to the corresponding sentence or determination (resolution) of court;

receipt date in correctional facility.

6. In the message on disposal of the pensioner are specified:

full name, the location of correctional facility in the new place of execution of the punishment (in case of transfer of the pensioner in other correctional facility);

surname, own name, middle name (if that is available), birth date of the pensioner;

date of disposal from correctional facility or date of death of the pensioner;

the disposal basis with reference to the corresponding sentence or determination (resolution) of court, and also on the act of amnesty or the act of pardon;

month on which pension is paid to the pensioner in correctional facility;

data on the deduction performed concerning the pensioner with indication of the withheld amounts and remaining balance of debt (in the presence) by each document for deduction from pension of the pensioner who arrived in correctional facility.

7. A month before the end of serving sentence of the pensioner the correctional facility reports about it in pension body. The message on release of the pensioner is the basis for change of payment procedure of pension to the pensioner who is subject to release.

8. The message on arrival (disposal, release) of the pensioner is signed by the head of the correctional institution, it is certified by seal of this organization with the image of the State Emblem of the Republic of Belarus.

9. In case of receipt of the message on arrival of the pensioner in correctional facility from pension body within five working days the order about transfer of pension to this pensioner in correctional facility goes to bank.

10. Based on the order of pension body the bank monthly transfers the pension amounts which are due to the pensioner into the current (settlement) bank account of correctional facility in the terms established for pension payment.

11. The correctional facility credits pension amount on personal account of the pensioner according to the procedure, established in part three of article 56 of the Law of the Republic of Belarus "About provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies and divisions on emergency situations and bodies of financial investigations".

Transfer of deduction on accessory performs correctional facility in which the pensioner serves sentence.

12. Pension in correctional facility is transferred till month of the termination of completion date of punishment by the pensioner inclusive.

13. All documents arriving in pension body for pension payment for the period of finding of the pensioner in correctional facility join in its pension case.

14. For the purpose of control of correctness of pension payment on each pensioner who is in correctional facility in pension body for the entire period of serving sentence of the pensioner the card of control of pension payment to the pensioner condemned to imprisonment in form according to appendix 1 is got.

The card of control of pension payment to the pensioner condemned to imprisonment is registered in the magazine of registration of cards of control of pension payment in form according to appendix 2.

Appendix 1

to the Instruction about payment procedure of pensions to the pensioners condemned to imprisonment

Form

Card of control of pension payment to the pensioner condemned to imprisonment

No. of pension case
Name and location correctional facility
Military or special rank, surname, own name, middle name (if that is available) the pensioner
It is taken into custody			with			on
It is imprisoned for term			with			on
Pension in correctional facility it shall be listed			with			on
Marks about dispatch in bank of orders on pension payment
№ of payment order	Date of dispatch	Number of the order		Summary			Signature of the contractor
Other marks and data
Signatures of officials

Appendix 2

to the Instruction about payment procedure of pensions to the pensioners condemned to imprisonment

Form

Magazine of registration of cards of control of pension payment

____________________________________________

(name of pension body)

 

Number and date of the message on receipt in ispravi- telny organization or disposal from ispra- vitelny organization of the pensioner	No. of pension case	Military or special rank, surname, own name and middle name (if that is available) the pensioner condemned to imprisonment	No. of card of control of pension payment to the pensioner, to the convict to imprisonment	Date, with which pension to the pensioner perechis- it lyatsya in ispravi- telny organization	Date osvobozh- deniya of the pensioner	Date, with which pension vypla- it chivatsya in general ustanov- Lynn procedure	In case of - mechaniye
1	2	3	4	5	6	7	8

 

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