Basics of Economic Procedure
Article 10 of the Civil Code of the Republic of Belarus provides that the protection of infringed or disputed civil rights is carried out by the court, economic court or court of arbitration in accordance with their jurisdiction established by the legislation of procedure, and in the cases provided by legislation – in accordance with the agreement.
The Code of Economic Procedure comprise the basis for the legislation of economic procedure.
Economic court exercises justice by settlement economic disputes that arise from civil, administrative and other legal relations.
Judges of economic courts are appointed by the President of the Republic of Belarus and fulfill their duties without time-limit, and judges appointed for the first time – without time-limit after 5 years of their work as a judge.
The Supreme Economic Court heads the system of economic courts, it is the supreme judicial body on settlement of economic disputes and other cases considered by the economic courts and also exercises the judicial supervision over their activity.
Plenum of the Supreme Economic Court solves the most important questions of the activity of economic courts.
Legal procedure in the economic court is exercised on the basis of competition and equality of rights of the parties. Court hearing in the economic courts is public. Economic court exercises legal procedure in accordance with the principle of equality in front of the law.
Cases in economic courts are considered collegially as well as individually. Economic courts of appellate, cassation and reviewing jurisdiction consider cases collegially. When exercising justice the judges are independent and abided only by the law.
Economic courts consider the cases mainly on economic disputes between legal persons and/or individual entrepreneurs on:
- disagreements arising while concluding the contract that has to be concluded under the legislation;
- disagreements arising while concluding the contract when the settlement of such disagreements is agreed by the parties;
- changing and annulment of the contract;
- non-fulfillment or improper fulfillment of the obligations;
- acknowledgement of the right, including the property right;
- demand the property from another’s unlawful possession by the owner or other lawful possessor;
infringement of the right of owner or other lawful possessor that is not connected with the depriving of possession;
- reimbursement of damages.
In accordance with the general rule of jurisdiction the action is to be brought to the economic court at the defendant’s place of location or place of residence. The claim to the defendant, whose place of location is not known, can be submitted to the economic court at the place of location of his/her property or at the last place of his/her location in the Republic of Belarus. Irrespective of jurisdiction a counter-claim is to be submitted to the economic court that considers the primary claim.
The Code of Economic Procedure refers the following persons to the persons participating in the case: the parties of the case, the third persons and also in some cases claimants, other interested persons, prosecutor, the state and other bodies.
The plaintiff and the defendant are the parties of the case. The parties of the case have equal procedure rights and bear equal procedure duties.
The third persons may participate in the case along with submitting their independent claims concerning the subject matter of the dispute or without making any claim.
Persons participating in the case have the right to familiarize with the case materials, propose disqualifications and make petitions, give evidence, ask questions to other persons participating in the case, to witnesses and experts with the court consent, give written and oral explanations to the court, bring their arguments in regard to all questions arising at the course of the case consideration and appeal the court acts.
Besides for the persons participating in the case, witnesses, experts, interpreters, specialists and representatives may take part in the court procedure.
Cases of legal persons in the economic court are conducted by the bodies operating within their powers stipulated by legislation and/or statutory documents, and/or their representatives. Representatives in economic court are any individuals having duly registered powers to conduct the case in the economic court.
The court considers the case based on evidence submitted by the parties or obtained under their initiative in the established order.