What can turn out for graduates evasion of work and the conclusion of an imaginary employment contract

Under the chairmanship of the judge of the court of the Frunze district Vasily Bogdanov in the Belarusian State Technological University held on-site court hearings in civil cases on the claims of the Prosecutor on the recognition of employment contracts invalid, the correspondent of the Agency “Minsk-Novosti”.

In the statements of claim, the prosecutor indicated that the defendants studied at one of the capital’s universities at the full-time department at the expense of the republican budget. Subsequently, one of the limited liability companies was identified as their place of work for distribution, young specialists were given appropriate directions. By the way, the students chose this organization independently, and the educational institution met them.

Contracts were concluded between the defendants and LLC in the person of the director for the terms of mandatory workout on distribution. However, they were only for the form, as the parties did not intend to comply with their terms. The defendants knew in advance about the fictitiousness of their employment, expressed in the absence of the need in the future to actually start work and perform labor duties and the absence of other consequences associated with official employment.

Criminal cases were initiated against the defendants on the commission of a crime under Part 2 of Article 216 of the Criminal Code (“Causing property damage without signs of theft”), which were terminated at the stage of preliminary investigation in connection with reimbursement of expenses spent by the state for training. Young people were released from criminal liability and brought to administrative. Each of them is subject to a penalty of 30 basic units (1,260 BYN) in the form of a fine to the state revenue.

It is worth noting that in May 2025, the head of the LLC was convicted for aiding in causing property damage without signs of theft, committed by a group of persons on a preliminary conspiracy on a large scale (part 6 of Art. 16 part 2 of Art. 216 of the Criminal Code).

On the basis of the above, the prosecutor asked the court to declare the concluded contracts invalid. By the decisions of the Frunze District Court, the claims were satisfied in full.

The decisions of the court have not entered into legal force.

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After the end of the court hearings for the BSTU students present, Judge Vasily Bogdanov delivered a lecture. He touched upon the distribution of graduates and the importance of working out, and also spoke about the legal consequences of its evasion.

- Distribution is not a formality, but an important mechanism and social guarantee that helps young specialists gain a foothold in the profession, gain the necessary skills, the judge said. Its main goal is to support graduates when entering the labor market, as well as meeting the needs of sectors of the economy and social sphere in qualified specialists.

According to the Education Code, graduates who have been provided with a job through distribution are obliged to work out the terms of mandatory work on distribution, unless otherwise established by legislative acts. It is two years for university graduates who studied on a budget, and at least five years for those who studied under target contracts.

V. Bogdanov did not ignore the issue of legal consequences of evasion from working out and concluding an imaginary labor contract in the context of distribution, warning about the inevitability of civil and criminal liability.

- No legal fiction can protect against real consequences provided for by law, the speaker concluded.

Photo court of Frunze district