of December 16, 2004 No. 12
About court practice on cases on crimes against interests of service (article 424-428 of the Criminal code of the Republic of Belarus)
For the purpose of ensuring the correct and uniform application of the legislation by hearing of cases on crimes against interests of service (authority misuse or office powers, failure to act of the official, exceeding of the power or office powers, office forgery, office negligence) the Plenum of the Supreme Court of the Republic of Belarus DECIDES:
1. Draw the attention of courts that criminal liability for crimes against interests of service is designed to promote protection of society and its citizens from corruption and socially dangerous acts made by officials on service by means of use or improper execution of the office powers conferred to them. By consideration of criminal cases about crimes against interests of service courts should consider their special public importance as such acts undermine the principles of public administration, equality and social justice, threaten moral foundations of society.
During legal proceedings it is necessary to establish the circle and nature of office powers of the official, the actual circumstances testimonial about bonds of act of the official with its office powers, availability of causal relationship between socially dangerous act on service and the come harmful effects, and also motives and the purposes of deeds.
2. Explain to courts that (further - UK), only the officials recognized as those in strict accordance with provisions of part 4 of article 4 UK, and office forgery (article 427 UK) - official and other representatives on accomplishment of the corresponding actions of person can be subjects of crimes against the interests of service provided by articles 424-426 and 428 of the Criminal code of the Republic of Belarus.
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