Responsibility for violating the law during the election campaign
Law enforcement officials remind about the responsibility for violating legislation during the electoral campaign.
Agitation, during which there are calls encouraging the disruption, cancellation, or postponement of elections, is a violation of Article 10.9 of the Code of Administrative Offenses. The same article establishes administrative responsibility for the intentional destruction or damage of printed materials related to elections and for violating the established legal procedure for counting votes. Such actions result in a fine of up to fifteen basic units.
Violating the established procedure for public opinion polling and publishing results entails administrative responsibility in the form of a fine ranging from ten to thirty basic units under Article 10.21 of the Code of Administrative Offenses.
Offensive harassment of citizens and other intentional actions that violate public order are considered petty hooliganism and constitute a violation of Article 19.1 of the Code of Administrative Offenses. The sanction of the article is a fine ranging from two to thirty basic units, or community service, or administrative arrest.
For reporting a knowingly false danger: an impending explosion, arson, or other actions that create a danger to life and health of people – criminal responsibility is provided. According to Article 340 of the Criminal Code of the Republic of Belarus, it is punishable by a fine, or arrest, or restriction of freedom for up to three years, or imprisonment for up to five years. The same action, committed repeatedly or by a group of persons by prior agreement, or resulting in significant damage, or causing other serious consequences, is punishable by restriction of freedom for up to five years or imprisonment for a term of three to seven years.
In the Criminal Code of the Republic of Belarus, there is Article 295-3 – illegal actions regarding objects whose damaging effect is based on the use of flammable substances. For these actions, the legislation provides for punishment in the form of a fine, or corrective labor for up to two years, or arrest, or imprisonment for up to two years. The maximum punishment under the article entails up to five years of imprisonment.
For the propaganda or public demonstration, production, distribution of Nazi symbols or attributes, punishment in an administrative manner is provided according to Article 19.10 of the Code of Administrative Offenses. The sanction of the article for individuals is up to fifty basic units, and for legal entities – up to two hundred basic units.
In the Republic of Belarus, administrative responsibility is established (Article 19.11 of the Administrative Offenses Code of the Republic of Belarus) for the distribution, production, storage, transportation of information products containing calls for extremist activities. The sanction of the article entails a fine ranging from ten to thirty basic units, for individual entrepreneurs – a fine ranging from fifty to one hundred basic units, and for legal entities – from one hundred to five hundred basic units with confiscation of the object of the administrative offense.
Pasting and hanging any announcements, posters, and other printed materials in places not specifically designated for this purpose will be classified under Article 22.10 of the Code of Administrative Offenses as a violation of the rules of improvement and maintenance of populated areas, for which a fine of up to twenty-five basic units is provided.
Intentional illegal collection, processing, storage, or provision of personal data of an individual or violation of their rights related to the processing of personal data falls under the sanctions of Article 23.7 of the Code of Administrative Offenses. Violating the legislation on the protection of personal data entails punishment in the form of a fine ranging from two to ten basic units.
Illegal actions regarding information about private life and personal data are punishable under criminal law. For this, Article 203-1 of the Criminal Code provides for a maximum punishment of imprisonment for up to five years.
Any intentional actions that grossly violate public order and express blatant disrespect for society are classified as hooliganism by the Criminal Code. The maximum punishment provided by part 1 of Article 339 of the Criminal Code of the Republic of Belarus is imprisonment for up to three years. Hooliganism committed repeatedly or by a group of persons entails responsibility in the form of arrest, or restriction of freedom for up to three years, or imprisonment for a term of one year to six months. If it is accompanied by the use of weapons, it is punishable by restriction of freedom for up to five years or imprisonment for up to ten years.
Criminal responsibility for hooliganism, as well as administrative responsibility for petty hooliganism (Article 19.1 of the Administrative Offenses Code), arises from the age of 14 years.
For the illegal production and distribution of media products, including those related to elections, responsibility arises under Article 23.5 of the Code of Administrative Offenses and entails a fine ranging from twenty to thirty basic units with confiscation of the object of the administrative offense or without confiscation.
The use of flags, pennants, posters, emblems, or symbols prohibited by legislative acts, as well as their production for the purpose of distribution, constitutes a violation of Article 24.26 of the Code of Administrative Offenses. All this entails a fine ranging from five to twenty basic units, for individual entrepreneurs – from ten to forty basic units, and for legal entities – from twenty to sixty basic units.
In addition, defacing buildings or other structures with cynical inscriptions or images, damaging property on public transport or in other public places also constitutes a gross violation of legislation. According to the Criminal Code of the Republic of Belarus, Article 341 is provided. This act entails punishment in the form of community service, or a fine, or arrest, or corrective labor for up to two years, or restriction of freedom for up to three years, or imprisonment for the same term.
Any influence in any form on an official conducting an administrative process with the aim of obstructing the consideration of the case is punishable by a fine ranging from twenty to thirty basic units, or community service, or administrative arrest.
Obstructing the exercise of electoral rights or the work of electoral commissions constitutes a crime under Article 191 of the Criminal Code of the Republic of Belarus and may be punishable by restriction of freedom for a term of two to five years or imprisonment for up to five years. Criminal responsibility arises for obstructing the holding of a meeting, rally, demonstration, procession, picketing, or participation in them according to Article 196 of the Criminal Code of the Republic of Belarus. For violating the legislation, a fine, or deprivation of the right to hold certain positions, or to engage in certain activities, or arrest, or imprisonment for up to five years is provided.
N. DENISYUK,
Head of the Information and Public Relations Department of the Vitebsk Regional Executive Committee.
Photo by Sergey SLEPTSOV.