(Unofficial translation)

 

Economic Procedural Code of the Republic of Belarus

December 15, 1998 No 219-Z

[Amended as of January 9, 2017]

Adopted by the House of Representatives on November 11, 1998
Approved by the Council of Republic on December 26, 1998

CONTENTS

Section I. General provisions

Chapter 1. Principal provisions (Articles 1 – 9)

Chapter 2. Basic principles of court proceedings at the court considering economic cases (Articles 10 – 28)

Chapter 3. Composition of the court considering economic cases (Articles 29 – 33)

Chapter 4. Challenges (Articles 34 – 38)

Chapter 5. Competence of the court considering economic cases (Articles 39 – 53)

Chapter 6. Persons participating in the case, and other participants of economic proceedings (Articles 54 – 75)

Chapter 7. Representation in the court considering economic cases (Articles 76 – 82)

Chapter 8. Evidence and proving the circumstances of the case (Articles 83 – 112)

Chapter 9. Securing the claim (Articles 113 – 120)

Chapter 10. Amicable agreement (Articles 121 – 124)

Chapter 11. Court expenses (Articles 125 – 1331)

Chapter 12. Procedural time limits (Articles 134 – 139)

Chapter 13. Judicial correspondence (Articles 140 – 144)

Chapter 14. Suspension of proceedings on the case (Articles 145 – 148)

Chapter 15. Termination of the proceedings on the case (Articles 149 – 150)

Chapter 16. Leaving a statement of claim (statement, complaint) without consideration (Articles 151 – 152)

Chapter 17. Conciliation procedure in court proceedings (Articles 153 – 158)

Section II. Proceedings in court considering economic cases of first instance

Chapter 18. Submission of claim (Articles 159 – 167)

Chapter 19. Preparation of the case for proceedings (Articles 168 – 174)

Chapter 20. Court proceedings (Articles 175 – 189)

Chapter 21. Judgment of the court considering economic cases (Articles 190 – 211)

Chapter 22. Ruling of the court considering economic cases (Articles 212 – 216)

Chapter 23. General provisions on certain kinds of proceedings at the court considering economic cases of first instance (Articles 217 – 219)

Chapter 24. Writ proceedings (Articles 220 – 226)

Chapter 25. Proceedings on cases on reviewing legality of non-normative legal acts, actions (omission) of state bodies, bodies of local government and self-government, other bodies, and officials (Articles 227 – 230)

Chapter 251. Proceedings on statements of control (supervisory) bodies on extension or suspension (prohibition) of the activity (Articles 2301 – 2305)

Chapter 26. Proceedings on cases on establishing the facts having legal meaning (juridical facts) (Articles 231 – 234)

Chapter 27. Proceedings on consideration of economic disputes and others cases with participation of foreign persons (Articles 235 – 244)

Chapter 28. Proceedings on cases on recognition and enforcement of judgments of foreign courts and foreign arbitral awards (Articles 245 – 250)

Chapter 29. Proceedings on cases on appeal against awards of international arbitration courts (courts of arbitration), other permanent arbitration bodies, located in the territory of the Republic of Belarus and on issuance of execution document (Articles 251 – 2623)

Chapter 30. Other kinds of proceedings in the court considering economic cases of first instance (Articles 263 – 2662)

Section III. Proceedings on review of court resolutions

Chapter 31. Proceedings at the court considering economic cases of appellate instance (Articles 267 – 281)

Chapter 32. Proceedings at the court considering economic cases of cassation instance (Articles 282 – 299)

Chapter 33. Proceedings on reconsideration of court resolutions in exercise of supervision (Articles 300 – 318)

Chapter 34. Revision of court resolutions entered in view of newly discovered circumstances (Articles 319 – 324)

Section IV. Исполнительное производство

Chapter 35. General provisions (Articles 325 – 353)

Chapter 36. Performance of executive actions (Articles 354 – 368)

Chapter 37. Levying recovery on monetary means and other property of the debtor (Articles 369 – 400)

Chapter 38. Distribution of recovered sums between recoverers (Articles 401 – 407)

Annex 1. Pre-trial procedure for settlement of dispute

Annex 2. List of the property on which the recovery on execution documents may not be levied

 

 

SECTION I
GENERAL PROVISIONS

CHAPTER 1
MAIN PROVISIONS

Article 1. Main Terms and Their Definitions Used in the Present Code

Unless otherwise followed from the text or the contents of the present Code, the terms used therein shall have the following meanings:

close relatives – parents, children, adoptive parents, adopted persons, brothers and sisters, grandfather, grandmother, and grandchildren;

citizen – a natural person not being an individual entrepreneur, including a foreign citizen and stateless person;

individual entrepreneur – a natural person carrying out entrepreneurial activities without formation of a legal person and registered in the established order;

foreign person – foreign organizations, international organizations, foreign citizens, stateless persons, which carry out entrepreneurial and other economic activity;

ruling preventing further progress of the case – a ruling of the court considering economic cases on termination of the proceedings on the case, including upon approval of an amicable agreement; on leaving the statement of claim (statement, complaint) without consideration; on refusal to accept a statement of claim (statement, complaint), and other rulings made in the cases stipulated by the present Code and other legislative acts;

jurisdiction – delimitation of the competence to resolve disputes and consider cases among the Constitutional Court of the Republic of Belarus, ordinary courts, international arbitration courts (of arbitration), courts of arbitration, other permanent arbitration, bodies for resolving labour disputes and consideration of cases, and other bodies and organizations;

court competence – reference of the case which is within the jurisdiction of the ordinary court to the authority of the court considering economic cases of first instance;

resolution of the court considering economic cases – a court resolution, other court act being issued by courts considering economic cases, judges of the court considering economic cases;

concilator – a person appointed by the court considering economic cases in accordance with the present Code for holding negotiations between the parties within a conciliation procedure in the court considering economic cases;

conciliation procedure – mediation being held negotiations held in accordance with the present Code after the initiation of the proceedings on the case in the court considering economic cases;

public prosecutor – the General Public Prosecutor of the Republic of Belarus and all his subordinate public prosecutors, their deputies, senior assistants and assistants, senior public prosecutors and public prosecutors of main departments, departments and divisions, who are acting within the limits of their competence;

agreement on reconciliation – mediation agreement concluded by the parties according to results of a mediation procedure in the court considering economic cases;

composition of the court considering economic cases – a judge (judges) of the court considering economic cases, who is (are) resolving a dispute, or considering a particular case;

court considering economic cases – the Supreme Court of the Republic of Belarus, economic court of regions (city of Mink);

court resolution – a judgment, resolution, or ruling of the court considering economic cases, which are made within the legal proceedings at the court considering economic cases;

judge of the court considering economic cases – a person appointed to the position of the judge of the court considering economic cases in accordance with the legislation and vested, in accordance with the Constitution of the Republic of Belarus, with the powers to execute justice in the sphere of entrepreneurial and other economic activities;

economic dispute – a dispute arising when the entrepreneurial and other economic activities are being carried out;

economic cases – actionable cases (on economic disputes arising out of civil-law, land, financial and other relationships), cases arising out of administrative and other public relationships, cases on establishing facts having legal meaning (juridical facts), cases on of mandative proceedings, other cases in the instances provided by legislative acts.

Article 2. Execution of justice in the sphere of entrepreneurial and other economic activities

The justice in the sphere of entrepreneurial and other economic activities is executed by the courts considering economic cases according to the rules established by the legislation on legal proceedings at the courts considering economic cases, by means of resolution of economic disputes arising out of civil, administrative, land, financial and other public legal relationships, and consideration of others cases, referred to their competence by the present Code and other legislative acts.

Article 3. Aims of legal proceedings at the courts considering economic cases

The aims of legal proceedings at the courts considering economic cases are as follows:

to ensure a lawful resolution of disputes, arising at realization of entrepreneurial and other economic activities, as quickly as possible within the terms established by the legislative acts;

to ensure a fair proceeding by a competent, independent and impartial court.

Article 4. Tasks of legal proceedings at the courts considering economic cases

The tasks of legal proceedings at the courts considering economic cases are as follows:

correct and timely consideration of cases by the courts considering economic cases;

protection of violated or disputed rights and legitimate interests of legal persons, individual entrepreneurs, and also of rights and legitimate interests of the Republic of Belarus, administrative and territorial units of the Republic of Belarus, state bodies, bodies of local government and self-government, other bodies and officials in the mentioned sphere, and in the instances provided by the legislative acts, also of organizations not being legal persons, and citizens;

facilitation of strengthening the legal order and prevention of offences in the sphere of entrepreneurial and other economic activities;

facilitation of formation and improvement of partner business relations, attainment of conciliation of the parties, to formation of customs and ethics of business turnover;

strengthening the authority of the judicial power.

Article 5. Legislation on legal proceedings at the courts considering economic cases

The legal proceedings at the courts considering economic cases are regulated by the Constitution of the Republic of Belarus, the present Code, laws of the Republic of Belarus, Decrees and Edicts of the President of the Republic of Belarus, and by treaties of the Republic of Belarus.

The legal proceedings at the courts considering economic cases shall be conducted according to the legislation effective during the resolution of a dispute, consideration of a case, fulfillment of particular procedural actions.

Article 6. Right to appeal to the court considering economic cases

With the aim to protect one's violated or challenged rights and legitimate interests, the following persons have the right to appeal to the court considering economic cases under the procedure established by the present Code:

legal persons;

individual entrepreneurs;

organizations not being legal persons (including collectives of workers), – in the cases stipulated by the legislative acts;

citizens – in the cases stipulated by the legislative acts.

The public prosecutor, the state bodies, the bodies of local government and self-government, and other bodies have the right to appeal to the court considering economic cases with the aim to protect the state and public interests, and also the interests of the persons listed in part one of the present Article, in the cases stipulated by the legislative acts.

Should the legislative acts or a contract establish a pre-trial procedure of settling a dispute for a certain category of disputes, the dispute may be transferred to the consideration of the court considering economic cases only provided this procedure has been observed, with the exception of the instances provided by part four of the present Article.

The persons listed in part two of the present Article have the right to appeal to the court considering economic cases without any pre-trial procedure of settling the dispute.

Article 7. Forms of appealing to the court considering economic cases

An appeal to the court considering economic cases shall be made in the form of:

a statement of claim: on economic disputes and other issues arising out of civil relations;

a statement – on disputes arising out of administrative and other public relations, and on the cases of economic insolvency (bankruptcy); on establishment of facts having legal meaning (juridical facts); on initiation of mandative proceedings; on voidance of a resolution; on retrial of the case on newly disclosed circumstances; on issuance of a execution document on enforcement of the decision of an international arbitration court (of arbitration), court of arbitration, another permanent arbitration body located in the territory of the Republic of Belarus; on the issuance of the executive document for the enforced execution of the mediation agreement; on recognition and enforcement of court judgments of foreign states adopted on disputes and other cases related to entrepreneurial and other economic activities (hereinafter referred to as "a foreign court decision"), and awards of foreign international arbitration courts (of arbitration) adopted by them in the territories of foreign countries on disputes and other cases related to entrepreneurial and other economic activities (hereinafter referred as "a foreign arbitration decision");

a complaint (appeal, cassation, in the order of supervision, etc.) – in the cases provided by the present Code and other legislative acts;

a protest – in the cases stipulated by the present Code and other legislative acts;

a petition (on entering the case as third persons; on securing the action; on execution of other procedural actions, etc.) – in the cases provided by the present Code;

a representation on retrial of the case on newly disclosed circumstances;

in other forms provided for by the legislative acts.

Appeal in the forms indicated in part one of the present Article may be additionally lodged with the court considering economic cases in an electronic form under the procedure established by the legislation.

Article 8. Methods of judicial protection

The court considering economic cases shall carry out, within the limits of its authority and court competence, protection of the rights and legitimate interests of the participants of civil, administrative and other legal relationships by the methods provided by the Constitution of the Republic of Belarus, the present Code, the Civil Code of the Republic of Belarus and other legislative acts.

Article 9. Court resolutions

The court considering economic cases adopts court resolutions in the form of a judgment, resolution, and ruling of the court considering economic cases.

A court resolution adopted by the court considering economic cases of first instance when considering a case on its merits is referred to as a judgment of the court considering economic cases.

Court resolutions adopted by the courts considering economic cases of appeal, cassation and supervisory instances on the results of consideration of appeal, cassation complaints (protests) and protests in exercising the supervisory powers are referred to as the resolutions of the court considering economic cases.

Other court resolutions adopted during legal proceedings are referred to as the rulings of the court considering economic cases.

Court resolutions should be lawful and duly justified.

CHAPTER 2
BASIC PRINCIPLES OF LEGAL PROCEEDINGS AT THE COURT CONSIDERING ECONOMIC CASES

Article 10. Execution of justice only by the court considering economic cases

The justice on economic cases shall be executed only by the court.

Cases shall be considered by judges of the court considering economic cases, appointed in the order established by the legislative acts.

Article 11. Consideration of cases by several judges and by single judge

Cases at the court considering economic cases are considered both by several judges and by a single judge.

The courts considering economic cases of the appeal, cassation and supervising instances shall consider cases by several judges.

The order of consideration of cases by several judges and by a single judge at the court considering economic cases of first instance is established by the present Code.

Article 12. Independence of judges of the court considering economic cases

At execution of justice, the judges of the court considering economic cases shall be independent and obey only to the law.

Any intervention into the activities of the judges of the court considering economic cases concerning the execution of justice shall be inadmissible and entail liability established by the law.

The guarantees of independence of judges of the court considering economic cases are established by the Constitution of the Republic of Belarus and legislative acts.

Article 13. Procedural economy

The court considering economic cases shall carry out the tasks of legal proceedings at the court considering economic cases as within possibly shortest time limits established by the legislative acts.

Article 14. Legality of the proceedings at the court considering economic cases

The legality of the proceedings at the court considering economic cases shall be ensured by the proper application of laws and other normative legal acts, and by observance by judges of the court considering economic cases of the rules established by the legislative acts for legal proceedings at the courts considering economic cases.

Article 15. Equality before the law and the court considering economic cases

The persons participating in the case at execution of justice by the court considering economic cases shall be equal before the law and the court considering economic cases.

The court considering economic cases shall ensure equal judicial protection of the rights and legitimate interests of all persons participating in the case.

Article 16. Explanation of procedural rights and duties

The court considering economic cases shall explain to the participants of legal proceedings at the court considering economic cases their procedural rights and procedural duties, and also the procedural consequences of a refusal to enjoy these rights and to inadequately fulfil these duties.

Article 17. Respect of human dignity

The court considering economic cases and also all participants of legal proceedings at the court considering economic cases are obliged to respect the dignity of each other.

Article 18. Equality and conscientiousness (bona fide) of the parties

Legal proceedings at the court considering economic cases shall be carried out on the basis of the equality of the parties.

At the court session, the parties shall have the equal rights to argue their claims and objections, present evidence to confirm them, and to perform other procedural actions provided by the present Code and other legislative acts on legal proceedings at the courts considering economic cases.

The court considering economic cases is obliged to ensure observance of the procedural forms on protection of the rights and legitimate interests of the parties provided by the present Code and other legislative acts on legal proceedings at the courts considering economic cases. The court is not entitled to put by its actions any of the parties into a preferential position, or same to belittle its rights.

In their dispute, the parties shall use in good faith their procedural rights and execute their procedural duties. Each participant of the proceedings at the court considering economic cases shall be recognized to be bona fide, unless proved otherwise.

Article 19. Adversary principle

Legal proceedings at the court considering economic cases shall be carried out on the basis of adversary principle.

The persons participating in the case shall substantiate their claims and objections.

The persons participating in the case are entitled to know each other's arguments prior to the start of the proceeding. Each person participating in the case shall be guaranteed the right to present the evidence to the court considering economic cases and to the other party in the case, and also the right to present petitions, express their opinions and arguments, give explanations on all the issues arising during consideration of the case and connected with presentation of evidence. The persons participating in the case shall bear the risk of the consequences of performance or non-performance of procedural actions by them.

The court considering economic cases, while preserving its independence, objectivity and impartiality, shall guide the proceedings and create the conditions for the persons participating in the case to present their evidence, take active part in examining and comparing thereof, and in establishing the actual circumstances, and also for a correct application of the laws and other normative legal acts at consideration of the case.

Article 20. Language of the proceedings at the court considering economic cases

Legal proceedings at the court considering economic cases shall be conducted in one of the state languages of the Republic of Belarus.

The persons who are participating in the case and do not speak any of the state languages of the Republic of Belarus shall be ensured the right to be acquainted with the materials of the case and to participate in procedural actions through an interpreter, and to speak at the court considering economic cases in another language.

Judicial documents (copies thereof) which the court considering economic cases is obliged, according to the legislation on legal proceedings at the courts considering economic cases, to direct or serve on the persons participating in the case, must be made in the language of legal proceedings at the court considering economic cases.

Article 21. Publicity of case consideration

The case consideration at the courts considering economic cases shall be open for the public.

The case consideration in a closed judicial session is allowed, if open consideration can lead to a disclosure of data constituting state secrets or other secret protected by law, contained in the materials of the case, including at satisfaction by the court considering economic cases of a petition of the person participating in the case and referring to the necessity of non-disclosure of such data or to other circumstances which prevent open consideration.

At proceedings in a closed judicial session, the persons participating in the case, their representatives, and if necessary, witnesses, experts, specialists and interpreters are to be present.

A motivated ruling on holding proceedings in a closed judicial session shall be made.

The case consideration in a closed judicial session shall be conducted with observance of the rules of legal proceedings at the court considering economic cases and with regard to the peculiarities stipulated by legislative acts for state secrets.

The operative part of the court resolution shall always be announced publicly.

Article 22. Right to legal aid

During the legal proceedings at the court considering economic cases, legal persons, individual entrepreneurs, organizations not being legal persons, and citizens, shall have the right to make use of legal aid of advocates and other representatives with the aim to protect one's violated or challenged rights and legitimate interests.

Article 23. Optionality

Persons participating in the case have the right to freely dispose of their material and procedural rights, without breaching, in doing so, the rights and legitimate interests of other persons and the state.

Cases in legal proceedings at the court considering economic cases shall be initiated only on statements of claim, statements, complaints, protests, representation on the retrial of the case on newly disclosed circumstances and petitions of the interested persons and shall be considered only in relation to the declared demands, except for the cases provided by the present Code and other legislative acts.

Article 24. Directness of judicial proceedings

The court considering economic cases is obliged, when considering a case, to examine directly all evidence on the case.

The evidence presented to the court considering economic cases, which were not the subject of proceedings in the judicial session, shall not be put as the basis of the adopted court resolution, unless otherwise directly provided by the present Code and other legislative acts on legal proceedings at the courts considering economic cases.

Article 25. Normative legal acts used at settlement of economic disputes and consideration of other cases

The court considering economic cases shall settle disputes and consider other cases on the basis of acts of legislation.

The court considering economic cases shall, after having established at consideration of a case, a non-conformity of the act of a state body, a body of local government and self-government to the Constitution of the Republic of Belarus or to other legislative acts, including the issuance thereof with abuse of the powers, shall make judgment in accordance with the legal norms having a superior legal force, and shall put an issue before the Presidium or Plenum of the Supreme Court of the Republic of Belarus on appealing to the Constitutional Court of the Republic of Belarus with the aim to recognise the corresponding normative legal act to be unconstitutional, or shall take measures on recognition of the corresponding legal act to be invalidated.

If a treaty of the Republic of Belarus establishes other rules than those contained in a legislative act, the rules of the treaty shall be applied.

The rules established in the treaties of the Republic of Belarus, which have not entered into force, may be applied by the courts considering economic cases of the Republic of Belarus under the procedure established by the legislation on treaties of the Republic of Belarus.

In the absence of norms of legislation regulating the disputable legal relations, the court considering economic cases shall apply those norms of legislation which regulate similar relations (analogy of statute), and in the absence of these norms – shall consider the case outgoing from the general principles and sense of legislation (analogy of law).

The court considering economic cases shall apply, in accordance with the legislation, a treaty of the Republic of Belarus, and the agreement of the parties concluded in accordance therewith, shall apply norms of law of other states. This rule shall not touch upon the force of the imperative norms of legislation, the application of which is regulated by Section VII of the Civil Code of the Republic of Belarus.

Article 26. Application of norms of foreign law and/or customs used in international trade

In case of application of the foreign law, the court considering economic cases shall establish the existence and contents of the norms thereof in accordance with their official interpretation, practice of application and the doctrine in the corresponding foreign country.

The courts considering economic cases apply, in accordance with the legislation, customs (a rule of conduct established and widely applied in a sphere of entrepreneurial activity, not stipulated by the legislation, irrespective whether or not fixed in a document) about which the parties knew or should have known and which are well known in international trade and followed constantly by the parties in contracts of the given art in the respective area of trade. Customs which contradict provisions of the legislation binding for the participants of the respective relationship or the contract are not applied.

With the aim to establish the existence and contents of the norms of the foreign law and/or customs, the court considering economic cases is entitled to apply for assistance and explanation to the competent bodies and organizations in the Republic of Belarus, outside the Republic of Belarus, or to engage specialists.

The persons participating in the case are entitled to present the documents confirming the existence and contents of the norms of the foreign law and/or customs, to which they refer for justification of their claims and objections, and otherwise to assist the court considering economic cases in establishing the existence and contents of such norms.

On demands related to realization by the parties of entrepreneurial activities, the court considering economic cases is entitled to impose on the parties the duty to prove the existence and contents of the norms of the foreign law and/or customs.

Upon receipt by the court considering economic cases from the competent bodies, organizations or from specialists of copies of the corresponding normative legal acts properly certified and translated into the language of legal proceedings at the court considering economic cases, and in other cases stipulated by the present Code, the existence and contents of the norms of the foreign law and/or customs shall be deemed to be established.

Should the existence and/or contents of the norms of the foreign law and/or customs fail to be established despite the actions undertaken according to the present Article, the court considering economic cases shall apply the corresponding norms of law of the Republic of Belarus.

Article 27. Obligatoriness of court resolutions and judicial appeals

The court resolutions that entered into legal force are binding for all state bodies, bodies of local government and self-government, other bodies, legal persons, organizations not being legal persons, individual entrepreneurs and citizens and shall be subject to rigorous enforcement in the whole territory of the Republic of Belarus.

Lawful regulations, requirements, orders, summons and other judicial appeals are binding for all persons whom they are addressed to.

A failure to enforce court resolutions, same as another expression of contempt toward the court considering economic cases shall entail the liability established by the legislative acts.

The obligatoriness of the court resolution does not deprive the interested persons not participating in the case of possibility to appeal to the court considering economic cases with the aim to protect their violated or challenged rights and legitimate interests.

The obligatoriness in the territory of the Republic of Belarus of court resolutions of the courts of foreign states, international arbitration courts (of arbitration) shall be determined by the legislative acts and the treaties of the Republic of Belarus.

Article 28. Judicial supervision

The Supreme Court of the Republic of Belarus shall execute judicial supervision over legality of court resolutions under the procedure established by the present Code.

CHAPTER 3
COMPOSITION OF THE COURT CONSIDERING ECONOMIC CASES.
SECRETARY OF JUDICIAL SESSION-ASSISTANT Of JUDGE

Article 29. Composition of the court considering economic cases

The composition of the court considering economic cases shall be formed with account of the load and specialization of judges of the court considering economic cases in the order which excludes any influence on formation thereof of the persons interested in the outcome of the case.

The courts considering economic cases of first instance shall consider cases both in the collegiate composition and by a single judge.

Upon decision of the chairperson of the court considering economic cases, or the deputy chairperson, the case may be considered by the court considering economic cases in the collegiate composition, on which a ruling shall be issued.

The chairperson of the court considering economic cases, or the deputy chairperson, is entitled to replace a judge (judges) of the court considering economic cases at his or her (their) long-term absence. A ruling shall be made about replacement of the judge (judges). After replacement of the judge (judges), the consideration of the case shall be made from the beginning.

The courts considering economic cases of the appeal, cassation and supervising instances shall consider cases in a collegiate composition.

At consideration of the case by the court considering economic cases in the collegiate composition, it shall comprise at least three (an odd number) of judges of the court considering economic cases, one of whom shall be the presiding judge.

The presiding judge in the collegiate composition shall be appointed by the chairperson of the court considering economic cases, or by the deputy chairperson.

At consideration of the case, the judges of the court considering economic cases have equal rights.

The judge of the court considering economic cases acts, when the case is considered by a single judge or when deciding other issues of the proceedings, in the name of the court considering economic cases.

Article 30. Order of deciding issues by the court considering economic cases

At consideration of the case in first instance by a single-judge, the issues arising during the court proceedings shall be resolved by the judge of the court considering economic cases individually.

At consideration of the case by the court considering economic cases in the collegiate composition, the issues arising during the proceedings shall be resolved by the judges of the court considering economic cases by the majority of votes. None of the judges is entitled to abstain from voting. The judge presiding in the judicial session shall vote the last.

Article 31. Dissenting opinion of a judge of the court considering economic cases

At consideration of the case by the court considering economic cases in the collegiate composition, the judge of the court considering economic cases, who disagrees with the decision of the majority, is obliged to sign the court resolution to be issued and is entitled to expose his dissenting opinion without any mark about the fact in the judicial act being signed. The dissenting opinion shall be exposed in writing and signed by the judge of the court considering economic cases simultaneously with signing the court resolution.

The dissenting opinion of the judge of the court considering economic cases shall be attached to the case file, but not declared to the persons participating in the case.

Article 32. Inadmissibility of repeat participation of the judge of the court considering economic cases in consideration of the case

The judge of the court considering economic cases who has taken part in consideration of the case at the court considering economic cases of first instance may not participate in consideration of the same case at the courts considering economic cases of appeal, cassation and supervising instances.

The judge of the court considering economic cases who has taken part in consideration of the case at the court considering economic cases of appellate instance may not participate in consideration of the same case at the courts considering economic cases of first, cassation and supervising instances.

The judge of the court considering economic cases who has taken part in consideration of the case at the court considering economic cases of cassation instance may not participate in consideration of the same case at the courts considering economic cases of first and appellate instances.

The judge of the court considering economic cases, who has taken part in consideration of the case at the court considering economic cases of supervising instance, with the exception of the Plenum of the Supreme Court of the Republic of Belarus, may not participate in consideration of the same case at the courts considering economic cases of the first and appellate instances.

Article 33. Secretary of judicial session-assistant of judge

The secretary of the judicial session-assistant judge performs, on instructions of the judge of the court considering economic cases, the following actions necessary for preparation of the case to consideration and consideration thereof in the judicial session:

informs the participants of the economic proceedings about the time and place of holding the court proceedings, and checks their appearance at the court;

finds out the reasons of the absence of the participants of the economic proceedings and reports on them to the judge;

keeps the minutes of the judicial session;

fulfils instructions of the judge related to preparation and holding of the judicial session.

The secretary of the judicial session-assistant judge shall help the judge of the court considering economic cases in exercising the rights entrusted to him and fulfilling the duties imposed on him. The secretary of the judicial session-assistant judge shall perform, on instructions of the judge of the court considering economic cases, certain actions not related with adoption of court resolutions, and also other organizational and administrative actions.

CHAPTER 4
CHALLENGES

Article 34. Grounds for challenge the judge of the court considering economic cases

The judge of the court considering economic cases may not participate in consideration of the case and shall declare self-withdrawal if:

he is a close relative of somebody of the persons participating in the case, their representatives, and, if a legal person is a person participating in the case, a close relative of the officials of this legal person, its founders (participants), or owners;

at previous consideration of this case, he participated therein as the judge, and his repeated participation in consideration of the case is inadmissible according to the requirements of the present Code;

at previous consideration of this case, he participated therein as the secretary of the judicial session-assistant judge, expert, interpreter, public prosecutor, or representative of one of the parties or witness;

at previous consideration of this case, he participated therein as judge of a foreign court, international arbitration court (of arbitration), court of arbitration or other permanent arbitration body;

he is personally directly or indirectly interested in the outcomes of the case, or there are other circumstances that can cause doubts in his objectivity and impartiality.

The persons who are relatives may not be in the composition of the court considering economic cases, which is considering the case.

Should the judge of the court considering economic cases fail to declare his self-withdrawal upon availability of the grounds stipulated by the present Article, a challenge may be declared by the persons participating in the case.

Article 35. Grounds for challenging the public prosecutor, expert, specialist, interpreter, and secretary of the judicial session-assistant judge

The public prosecutor, expert, specialist, interpreter and secretary of the judicial session-assistant judge may not participate in consideration of the case and are obliged to declare self-withdrawal on the grounds stipulated by Article 34 of the present Code.

The grounds to challenge an expert or specialist may be their service or other dependence on the persons participating in the case, or their representatives at the moment of consideration of the case or in the past, or performance by them of inspections the materials of which have served as grounds or reason for applying to the court considering economic cases, or are used at consideration of this case.

Participation of the public prosecutor, expert, specialist, interpreter and secretary of the judicial session-assistant judge at the previous consideration of this case, accordingly, in the capacity of the public prosecutor, expert, specialist, interpreter and secretary of the judicial session-assistant judge shall not be the basis for their challenge or self-withdrawal.

If the public prosecutor, expert, specialist, interpreter or secretary of the judicial session-assistant judge have not declared their self-withdrawal upon availability of the grounds provided by the present Article, a challenge may be declared by the persons participating in the case.

Article 36. Declaration of self-withdrawal or challenge

A self-withdrawal or challenge shall be motivated and declared prior to the beginning of consideration of the case on its merits.

During consideration of the case, the declaration of self-withdrawal or challenge is allowed only when the grounds of self-withdrawal or challenge became known to the court considering economic cases or the person declaring self-withdrawal or challenge after the beginning of consideration of the case.

A self-withdrawal or challenge shall be presented to the court considering economic cases in writing with indication of the grounds for self-withdrawal or challenge and provision of the necessary substantiation.

A repeat challenge on the same grounds may not be declared by one and the same person.

Article 37. Order of consideration of the declared self-withdrawal or challenge

In case of declaration of self-withdrawal or challenge, the court considering economic cases shall hear the opinions of the persons participating in the case and also of the person who has declared self-withdrawal or to which the challenge has been declared, if the challenged person wishes to give explanations.

The issue of the challenge of the judge of the court considering economic cases who is considering the case alone shall be resolved by the chairperson of the court considering economic cases or his deputy.

At consideration of the case by the court considering economic cases in collegiate composition, the issue of the challenge of the judge of the court considering economic cases shall be resolved by the collegiate composition of the court considering economic cases, which is considering the case, in the absence of the judge, who has declared his self-withdrawal or who has been challenged. At equal number of votes cast for and against the challenge, the judge of the court considering economic cases shall be considered removed.

The issue of the challenge declared to several judges of the court considering economic cases or to the whole collegiate composition of the court considering economic cases, which is considering the case, shall be resolved by the chairperson of the court considering economic cases or his deputy.

The judge of the court considering economic cases, who has declared his self-withdrawal, may be replaced by another judge of the court considering economic cases under the procedure established by the present Code.

The issue of satisfaction of self-withdrawal or challenge of the public prosecutor, expert, specialist, interpreter and secretary of the judicial session-assistant judge shall be resolved by the composition of the court considering economic cases, which is considering the case.

On the results of consideration of the issues of self-withdrawal or challenge, a ruling shall be issued.

Article 38. Consequences of satisfaction of declaration of self-withdrawal or challenge of the judge of the court considering economic cases

In case of self-withdrawal or challenge of the judge of the court considering economic cases, several judges of the court considering economic cases, or of the whole composition of the court considering economic cases, the case shall be considered at the same court considering economic cases by another composition of judges.

If as a result of satisfaction of self-withdrawals or challenges, it is impossible to form a new composition of the court considering economic cases for consideration of the case at the same court considering economic cases, this case must be transferred to another court considering economic cases under the procedure established by Article 53 of the present Code.

CHAPTER 5
COMPETENCE OF THE COURT CONSIDERING ECONOMIC CASES

Article 39. Jurisdiction of cases to the court considering economic cases

The court considering economic cases has jurisdiction over cases on economic disputes, cases related to realization of entrepreneurial and other economic (business) activities, and other cases referred to its jurisdiction by the legislative acts.

The court considering economic cases shall settle economic disputes and consider other cases with participation of legal persons, individual entrepreneurs, and in the instances stipulated by the present Code and other legislative acts, with participation of the Republic of Belarus, administrative and territorial units of the Republic of Belarus, state bodies, bodies of local government and self-government, organizations not being legal persons, officials and citizens.

A statement accepted by the court considering economic cases to its proceedings with observance of the rules of jurisdiction must be considered by it on the merits.

The court considering economic cases shall also consider the cases under its jurisdiction with participation of legal persons, organizations not being legal persons, individual entrepreneurs and citizens of the Republic of Belarus, and also of foreign organizations, international organizations, foreign citizens, stateless persons and refugees, carrying out entrepreneurial activities, unless otherwise stipulated by a treaty of the Republic of Belarus.

Article 40. Transfer of disputes to consideration of international arbitration court (of arbitration), court of arbitration, other permanent arbitration body

On a written agreement of the parties, a dispute arising out of civil legal relationships and falling under authority of the court considering economic cases, prior to adoption of judgment by it, may be transferred by the parties to consideration of international arbitration court (of arbitration), court of arbitration, other permanent arbitration body.

A ruling shall be issued about transfer of the dispute to consideration of international arbitration court (of arbitration), court of arbitration, other permanent arbitration body, which may be appealed against in the order established by the present Code.

Article 401. Settlement of disputes with participation of mediator

Upon a written agreement of the parties the economic dispute, arising out of civil legal relationships and falling under authority of the court considering economic cases, prior to consideration on the merits may be submitted by the parties for settlement with participation of a mediator (mediators).

In case of transfer of the dispute by the parties for settlement with participation of a mediator (mediators), the court considering economic cases shall issue a ruling about leaving the statement of claim (statement, complaint) without consideration according to the rules established by the Chapter 16 of the present Code.

In case of non-fulfillment voluntarily of the mediation agreement, complying with the requirements of the present Code on the amicable agreement, the issuance of an executive document on the enforced execution of the mediation agreement shall be performed by the court considering economic cases according to the rules established by the Articles 2621 – 2623 of the present Code.

Failure to reach a mediation agreement according to results of mediation does not preclude the conciliation procedure in the court considering economic cases.

Article 41. Jurisdiction over disputes arising out of civil and others legal relationships

Unless otherwise established by the legislative acts, the court considering economic cases shall settle the economic disputes arising out of civil and others legal relationships and consider other cases related to realization of entrepreneurial and other economic activities by legal persons and individual entrepreneurs, and in the cases stipulated by the present Code and other legislative acts, by the organizations not being legal persons and by citizens.

In particular, the following disputes are referred to the economic disputes to be settled by the court considering economic cases:

those resulting from legal relationships related to conclusion, change, rescission of contracts;

those resulting from obligations as a result of unjust enrichment;

those concerning invalidity of transactions;

about non-fulfillment or improper fulfillment of obligations;

about protection of the ownership and other real rights;

about reimbursement of damages, harm.

The legislative acts may also refer other cases to the competence of the court considering economic cases.

Article 42. Jurisdiction of economic disputes and other cases arising out of administrative and others public legal relationships

The court considering economic cases shall settle economic disputes arising out of administrative and others public legal relationships and consider other cases related to carrying out by legal persons, individual entrepreneurs and citizens of entrepreneurial and other economic activities on:

recognition invalid of a non-normative legal act of a state body, body of local government and self-government, other body or an official, which touches on the rights and legitimate interests of the applicant in the sphere of entrepreneurial and other economic activities;

appealing against actions (omission) of a state body, body of local government and self-government, other body or an official, which touches on the rights and legitimate interests of the applicant in the sphere of entrepreneurial and other economic activities;

collecting from legal persons, individual entrepreneurs and citizens, carrying out entrepreneurial and other economic activities, of taxes, dues (duties), other mandatory payments to the republic and/or local budgets and to state extra-budgetary funds, and also penalty interest provided by the legislation, unless another order of collecting them established by the legislative acts;

recognition of an executive or other document, under which collecting is be performed in the indisputable order;

return from the state budget of the monetary means which have been written off in the indisputable order from legal persons and individual entrepreneurs;

refusal to issue (to prolong validity term of) a special permit (license)

prolongation of suspension (prohibition) of the activity of an inspected subject, its shops (industrial divisions), equipment, production and/or realization of goods (works, services), exploitation of transportation means (hereinafter – suspension (prohibition) of the activity);

other cases the consideration of which is referred to the competence of the court considering economic cases by the legislative acts.

Article 43. Jurisdiction over cases on establishment of the facts having legal meaning (juridical facts)

According to Chapter 26 of the present Code, the court considering economic cases shall consider the cases on establishment of the facts having legal meaning for arising, changing or termination of the rights of legal persons, individual entrepreneurs and citizens in the sphere of entrepreneurial and other economic activities.

Article 44. Jurisdiction over cases on complaints on notarial actions or refusal to perform then

According to Article 266 of the present Code, the court considering economic cases shall consider cases on complaints on notarial actions or refusal to perform them.

Article 45. Jurisdiction over cases on recognition and enforcement of judgments of foreign courts and foreign arbitral awards

According to Chapter 28 of the present Code, the court considering economic cases shall consider cases on recognition and enforcement of judgments of foreign courts and foreign arbitral awards on disputes arising at realization of entrepreneurial and other economic activities.

Article 46. Jurisdiction over cases on appealing against judgments of international arbitration courts (of arbitration), courts of arbitration, other permanent arbitration bodies located in the territory of the Republic of Belarus and on issuance of the executive documents

According to Chapter 29 of the present Code, the court considering economic cases shall consider the cases concerning:

appealing against awards of international arbitration courts (courts of arbitration), courts of arbitration located in the territory of the Republic of Belarus on disputes arising out of carrying out entrepreneurial and other economic activities;

issuance of executive documents on compulsory enforcement of awards of international arbitration courts (courts of arbitration), courts of arbitration located in the territory of the Republic of Belarus on disputes arising out of carrying out entrepreneurial and other economic activities;

issuance of executive documents for enforced execution of mediation agreements, complying with the requirements of the present Court on the amicable agreement.

Article 461. Jurisdiction over cases on complaints on responses to application of legal persons, individual entrepreneurs and citizens

According to Article 2662 of the present Code, the court considering economic cases shall consider cases on complaints of legal persons, individual entrepreneurs and citizens on responses of an organization (individual entrepreneur) to an application, decision on leaving the application without consideration, response to a complaint to a superior organization.

Article 47. Special jurisdiction

The court considering economic cases shall consider cases:

on economic insolvency (bankruptcy);

on disputes on creation, reorganization and liquidation of legal persons, organizations, not being legal persons, and termination of activities of individual entrepreneurs;

on disputes on refusal of state registration, on evasion from state registration of legal persons, organizations not being legal persons and individual entrepreneurs;

on disputes related to application of conditions of founding a legal person or organization not being legal person and/or participation therein;

on protection of business reputation in the sphere of entrepreneurial and other economic activities;

other cases related to carrying out entrepreneurial and other economic activities, in the instances provided by the legislative acts.

The cases indicated in part one of the present Article shall be considered by the court considering economic cases irrespective of the fact, whether the participants of legal relationships from which a dispute or claim has arisen, are legal persons, organizations not being legal persons, individual entrepreneurs or citizens.

Article 48. Cases falling within court competence of courts considering economic cases

The cases falling within court competence of the court considering economic cases shall be considered in first instance by the economic court of a region (city of Minsk), with the exception of the cases referred to court competence of the Supreme Court of the Republic of Belarus.

The Supreme Court of the Republic of Belarus shall consider as the court of first instance:

cases on contesting non-normative legal acts of the President of the Republic of Belarus, the Council of the Republic and the Chamber of Representatives of the National Assembly of the Republic of Belarus, the Government of the Republic of Belarus, republican bodies of state administration and other republican bodies, which do not conform to the law and affect the rights and legitimate interests of the applicant in the sphere of entrepreneurial and other economic activities;

economic disputes between the Republic of Belarus and administrative and territorial units of the Republic of Belarus, and also between administrative and territorial units of the Republic of Belarus;

cases related to state secrets;

other cases referred by the legislative acts to court competence of the Supreme Court of the Republic of Belarus.

The Supreme Court considering economic cases of the Republic of Belarus have the right, within the limits of jurisdiction of cases to the courts considering economic cases, to define additionally the court competence concerning cases, and to accept to its proceedings and to consider any case.

Article 49. General rules of court competence

A claim shall be presented to the court considering economic cases at the location or residence of the respondent.

A claim to a legal person resulting from the activities of its separate subdivision may be presented at the location of the separate subdivision of the legal person.

A counterclaim shall be submitted, irrespective of the court competence, to the court considering economic cases which considers the initial claim.

Article 50. Court competence determined at the choice of the plaintiff

Claims to respondents located in the territory of different regions of the Republic of Belarus, or regions (region) and the city of Minsk shall be submitted at the choice of the plaintiff to the court considering economic cases at the location or residence of one of the respondents.

A claim to the respondent whose location or residence is unknown may be submitted to the court considering economic cases at the location of his property or at his last known location or residence in the Republic of Belarus.

A claim to the respondent about compensation of the harm caused to the property of a legal person or to an individual entrepreneur may also be submitted to the court considering economic cases in the place of causing the harm.

A claim to the respondent who is an individual entrepreneur of the Republic of Belarus and is located in the territory of another state may be submitted to the court considering economic cases at the location or residence of the plaintiff in the Republic of Belarus, or at the location of the property of the respondent in the Republic of Belarus.

A claim to the respondent, resulting from a contract in which the place of execution is specified may also be submitted at the place of execution of the contract.

The choice among several courts considering economic cases competent to consider the case belongs to the plaintiff.

Article 51. Exclusive court competence

Claims on recognition of the ownership to immovable property, disputes on immovable property, including on vindication of the property from some else's illegal possession or about elimination of infringements of the owner’s rights or another lawful possessor, not related to deprivation of the right of possession, and other claims on the rights to immovable property shall be submitted to the court considering economic cases at the location of the immovable property.

Claims on the rights to sea and air vessels, or vessels of internal navigation shall be submitted to the court considering economic cases in the place of their state registration.

Claims to a carrier resulting from contracts of carriage of freight, passengers and their luggage, including when the carrier is one of respondents, shall be submitted to the court considering economic cases at the location of the carrier.

Claims (statements) to state bodies, bodies of local government and self-government, resulting from administrative legal relationships shall be submitted to the court considering economic cases at the location of the plaintiff (applicant), unless otherwise stipulated by the present Code.

Statements on establishing the facts having legal meaning (juridical facts) shall be submitted to the court considering economic cases at the location or residence of the applicant, except for statements on establishing the facts having legal meaning for creation, change or termination of a right to immovable property which shall be submitted to the court considering economic cases at the location of the immovable property.

Applications on recognition of the debtor to be economically insolvent (bankrupt) shall be submitted to the court considering economic cases at the location of the debtor.

Petitions on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, located in the territory of the Republic of Belarus, shall be submitted to the court considering economic cases at the location of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, which issued the award.

Statements on issuance of an executive document on enforced execution of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, which are located in the territory of the Republic of Belarus, shall be submitted to the court considering economic cases at the location or residence of the debtor or at the location of the property of the debtor, if the location or residence of the debtor is not known.

Applications on recognition and enforcement of the judgment of a foreign court or a foreign arbitral award shall be submitted by the party-beneficiary of the judgment to the court considering economic cases at the location or residence of the debtor, and if the location or residence of the debtor is unknown, to the court considering economic cases at the location of his property.

Complaints on notarial actions or a refusal to perform them shall be submitted to the court considering economic cases at the location of the corresponding notary office, notary bureau or other body the official of which has been granted, in accordance with legislative acts, the right to perform notarial actions.

Complaints on responses to applications of legal persons, individual entrepreneurs and citizens shall be submitted to the court considering economic cases at the residence (place of stay) or at the location of the claimant.

In case the suspension (prohibition) of the activity of an inspected subject, covers all the territory of the Republic of Belarus of several its regions, the statement on suspension (prohibition) of the activity shall be submitted to the court considering economic cases at the residence (place of stay) or at the location of the inspected subject. In case the suspension (prohibition) of the activity of an inspected subject, covers all the territory of the Republic of Belarus of several its regions, the statement on suspension (prohibition) of the activity shall be submitted to the court considering economic cases at the residence (place of stay) or at the location of the inspected subject.

Statements on disputes between legal persons of the Republic of Belarus carrying out their activities or having their property in the territory of a foreign state shall be submitted to the court considering economic cases at the place of state registration in the territory of the Republic of Belarus of the legal person being the respondent.

Article 52. Contractual court competence

The court competence established in accordance with Articles 49 and 50 of the present Code may be changed under an agreement of the parties.

Article 53. Transfer of case accepted by the court to its proceedings in another court

The case accepted by the court considering economic cases to its proceedings with observance of the rules of court competence must be considered by it on the merits, even if later it should become falling within the competence of another court considering economic cases.

The court considering economic cases shall transfer the case for consideration of another court considering economic cases if:

at consideration of the case in this court considering economic cases, it has been established that it was accepted to proceedings with infringement of the rules of court competence;

after challenging one or several judges of the court considering economic cases, their replacement in this court considering economic cases has become impossible;

the respondent whose location or residence had been unknown earlier, has moved a petition on transfer of the case to the court considering economic cases at his location or residence;

both parties have moved a petition on consideration of the case by the court considering economic cases at the location of the majority of evidence;

one of the parties in the dispute is that very court considering economic cases;

consideration of the case in this court considering economic cases is impossible for other objective reasons.

The court considering economic shall transfer the case for consideration of another court of general jurisdiction, if in considering the case it has been established that the case was accepted to proceedings with infringement of the rules of court competence.

A ruling shall be issued on transfer of the case for consideration of another court, which can be appealed against under the procedure established by the present Code.

Transfer of a case from one court to another shall be effectuated upon expiration of the time limit for appeal.

The case directed from one court to another in the order provided by this Article is subject to be unconditionally accepted for proceedings by the court to which it is directed. Disputes on court competence between the courts are not allowed.

CHAPTER 6
PERSONS PARTICIPATING IN THE CASE, AND OTHER PARTICIPANTS
OF ECONOMIC PROCEEDINGS

Article 54. Persons participating in the case

The persons participating in the case are as follows:

parties;

applicants and interested persons – in disputes and cases arising out of administrative and others public legal relationships; in the cases on establishment of the facts having legal meaning (juridical facts); on economic insolvency (bankruptcy); on complaints to notarial actions or a refusal to execute them; and also in other cases provided by the present Code and other acts on legal proceedings at the courts considering economic cases;

third parties;

public prosecutor, state bodies, bodies of local government and self-government and other bodies, who have applied to the court considering economic cases in the cases provided by the present Code and other legislative acts on legal proceedings at the courts considering economic cases.

Article 55. Rights and duties of the persons participating in the case

The persons participating in the case have the right:

under the procedure established by the court considering economic cases, to get acquainted with the materials of the case, to make excerpts from them, and to make copies of these materials at own expense;

to declare challenges;

to present evidence, to get acquainted, prior to the beginning of the proceedings, with the evidence submitted by other persons participating in the case, to participate in examination of evidence;

upon a permit of the court considering economic cases, to ask questions to other persons participating in the case;

to present petitions, to submit statements;

to give written and oral explanations to the court considering economic cases;

to bring their arguments on all issues arising during consideration of the case;

to get acquainted with petitions of other persons participating in the case to object to their petitions and arguments;

to receive copies of court resolutions adopted as a separate document;

to appeal against court resolutions;

to get to know about the complaints submitted by other persons participating in the case;

to exercise other procedural rights granted to them by the present Code and other legislative acts on legal proceedings at the courts considering economic cases.

The persons participating in the case are entitled to submit to court considering economic cases documents in an electronic form in the order established by the legislation.

The persons participating in the case shall use honesty all the procedural rights belonging to them, without allowing abuse thereof.

Abuse of the procedural rights by the persons participating in the case shall entail for these persons the consequences provided by the present Code and other legislative acts on legal proceedings at the courts considering economic cases.

The persons participating in the case shall bear the procedural duties provided by the present Code and other legislative acts on legal proceedings at the courts considering economic cases or imposed on them by the court considering economic cases according to the above legislative acts.

Non-fulfillment of the procedural rights by the persons participating in the case shall entail for these persons the consequences provided by the present Code and other legislative acts on legal proceedings at the courts considering economic cases.

Article 56. Rights and duties of the persons not invited for the participation in the case, in relation to rights and duties of whom the court considering economic cases has adopted a court resolution

The persons not invited for the participation in the case, in relation to the rights and duties of whom the court considering economic cases has adopted a court resolution, have the right to appeal against it under the procedure established by the present Code. From the date of acceptance by the corresponding court considering economic cases of the complaint (in exercise of appeal, cassation or in the order of supervision) or the protest, these persons shall enjoy the rights and perform the duties provided by the present Code for the persons participating in the case.

Article 57. Procedural legal capacity and procedural legal active capacity

The capacity to have procedural rights and bear procedural duties (procedural legal capacity) is recognized in equal measure for all legal persons, organizations not being legal persons, individual entrepreneurs and citizens, possessing, according to the present Code and other legislative acts on legal proceedings at the courts considering economic cases, the right for judicial protection in the court considering economic cases of their rights and legitimate interests.

Capacity by one's actions to exercise procedural rights and to fulfill procedural duties (procedural legal active capacity) at the court considering economic cases belong to legal persons, organizations not being legal persons, individual entrepreneurs and citizens.

Rights and legitimate interests of legally incapable citizens and the citizens restricted in their capacity by the court shall be defended at the court considering economic cases by their lawful representatives.

Article 58. Parties

The parties in the economic proceedings are the plaintiff and the respondent.

Plaintiffs are legal persons, individual entrepreneurs, and in the cases provided by legislative acts – organizations not being legal persons, and the citizens who have presented a claim with the aim to protect their legitimate interests, or with the aim to protect whose interests the claim has been presented.

Respondents are legal persons, individual entrepreneurs and citizens, toward which the claim has been presented.

The parties shall enjoy equal procedural rights.

Article 59. Complainants

Complainants are legal persons, organizations not being legal persons, individual entrepreneurs and citizens, who have lodged their statements and/or complaints to the court considering economic cases in the cases provided by the present Code and other acts on legal proceedings at the courts considering economic cases, and who have entered the economic proceedings on the basis of these statements and/or complaints.

Applicants shall enjoy procedural rights and fulfill procedural duties of a party, unless otherwise provided by the present Code.

Article 60. Participation of several plaintiffs or respondents in the case

The legal proceedings at the court considering economic cases allow a procedural co-participation, when a claim can be submitted jointly by several plaintiffs or to several respondents at the same time.

The procedural co-participation is possible, if:

the subject of the dispute is rights or duties being common for the persons participating in the case;

rights and duties of the persons participating in the case have common actual and legal grounds;

subject of the dispute is homogeneous rights and duties of the persons participating in the case, which have identical actual and legal grounds.

When several plaintiffs or respondents take part in the case, each plaintiff or respondent act independently in the proceedings. Co-participants are entitled to entrust the conducting of the case at the court considering economic cases to one or several of their co-participants.

In case of impossibility to consider the case without participation of the other respondent, the court considering economic cases of first instance shall attract, upon a petition of the parties or with the consent of the plaintiff, another respondent to take part in the case.

The court considering economic cases of first instance shall attract, on its own initiative, another respondent to take part in the case if his mandatory participation is provided by the legislative acts or results from the essence of the dispute or the case is to be considered, which results from administrative and other public legal relationships.

In case of attraction of another respondent to participation in the case, the consideration of the case shall be performed from the beginning.

Concerning a refusal to attract a procedural co-participant, a ruling shall be issued, which may be appealed against under the procedure established by the present Code.

Article 61. Replacement of improper respondent

If at preparation of the case for court proceedings, or during the proceedings at the court of first instance it has been established that the claim had been submitted not to the proper person, who should respond under the claim, the court considering economic cases is entitled to admit, upon a petition or with the consent of the plaintiff, a replacement of the improper respondent for the proper one. If the plaintiff disagrees with a replacement of the respondent, the court is entitled to attract, with the consent of the plaintiff, the proper respondent as the second respondent.

After replacement of the improper respondent or introduction of the second respondent into the case, the consideration of the case shall be performed from the beginning.

The court considering economic cases shall make rulings on replacement of the improper respondent for the proper one, or on attraction of the proper respondent as the second one.

If the plaintiff disagrees with a replacement of the respondent or with attraction of the proper respondent as the second respondent, the court considering economic cases shall consider the case according the presented claim.

Article 62. Procedural legal succession

In case of retirement of a party from the case (reorganization of a legal person, death of an individual entrepreneur or a citizen, assignment of the right to claim, delegation of the debt, and other cases of change of persons in obligations), the court considering economic cases shall replace this party with its legal successor upon a written petition of the legal successor or one of the parties and also on a representation of the court executor. The legal succession is possible on any stage of economic proceedings.

Upon the suspension of the proceedings in the event of retirement of a party from the case upon occurrence of legal succession, the proceedings shall be renewed from the procedural action on which it has been suspended.

For the legal successor all actions accomplished in the proceedings up to his entering the case are binding to the extent to which they would have been binding for the person who has been replaced by the legal successor.

Rulings of the courts considering economic cases about the replacement of a party with its legal successor or about refusal of such replacement may be appealed against under the procedure established by the present Code.

Article 63. Change of grounds or subject of claim, change of the size of stated claims, abandonment of claim, admission of claim, amicable agreement

At consideration of the case at the court considering economic cases of first instance prior to adoption of a court resolution by which the consideration of the case on its merits ends, the plaintiff is entitled to change the grounds or the subject of the claim, to increase or decrease the size of stated claims by submission of a written statement.

At consideration of the case at the court considering economic cases of first, appeal, cassation or supervising instance, prior to adoption of a court resolution by which is the consideration of the case ends, the plaintiff is entitled to abandon the claim in whole or a part thereof.

At consideration of the case at the court considering economic cases of the first, appeal, cassation or supervising instance, the respondent is entitled to admit the claim in whole or its part.

At any stage of the proceedings, the parties can terminate the case by an amicable agreement under the procedure established by Chapter 10 of the present Code.

The court considering economic cases shall not accept statements on reduction of the size of the stated claims, on the plaintiff's abandonment of the claim, on admittance of the claim by the respondent, and shall not approve the amicable agreement of the parties, if it contradicts to the legislation or breaches the rights of other persons. In these cases, the court considering economic cases shall consider the dispute on the merits.

Article 64. Third parties declaring independent demands to the subject of the dispute

The third parties declaring independent demands to the subject of the dispute prior to adoption of a court ruling which ends the examination of the case on its merits by the court considering economic cases are entitled to enter the case by presenting the claim to one or both parties.

The third parties who have declared their independent demands to the subject of the dispute, shall enjoy the procedural rights and perform the procedural duties of the plaintiff, with the exception of the duty to observe the pre-trial procedure of settling disputes with the respondent, if it has been established by the legislative acts for the given category of disputes or by a contract.

If the third party who has declared independent demands to the subject of the dispute has entered the case after the beginning of the proceedings, the consideration of the case on the first instance of the court considering economic cases shall be performed from the beginning.

Concerning the entrance into the case of a third person who has declared independent demands to the subject of the dispute, the court considering economic cases shall issue a ruling which may be appealed against under the procedure established by the present Code.

Article 65. Third parties who do not declare independent demands to the subject of the dispute

Third parties who do not declare independent demands to the subject of the dispute may be attracted by the court considering economic cases or enter the case on the side of the plaintiff or the respondent prior to adoption of the court resolution which ends the consideration of the case on its merits, if this resolution can affect their rights or duties in relation to one of the parties.

A petition on admission into the case of a legal person, an individual entrepreneur or a citizen as the third party who does not declare independent demands to the subject of the dispute, may simultaneously proceed from these persons, and also from the plaintiff or the respondent, on the side of which these persons will act.

The third parties who do not declare their independent demands to the subject of the dispute enjoy the procedural rights and execute the procedural duties of the plaintiff or the respondent on which side they act, with the exception of the rights to change the grounds or the subject of the claim, increase or decrease of the size of the stated claims, abandonment of the claim, admission of the claim, conclusion of an amicable agreement, presenting a counterclaim, and also the right to demand enforced execution of the court resolution.

If the third party who does not declare independent demands to the subject of the dispute has entered the case after the beginning of the proceedings, the consideration of the case on the first instance of the court considering economic cases shall be performed from the beginning.

On attraction into the case of a third party who does not declare independent demands to the subject of the dispute, the court considering economic cases shall make a ruling, which may be appealed against under the procedure established by the present Code.

Article 66. Participation of the public prosecutor in the case

In case of establishment of violation of the legislation, the public prosecutor shall present, within the limits of his competence, a claim (statement) to the court considering economic cases with the aim to defend the state and public interests, including:

submits an statement to contest non-normative legal acts of the state bodies, bodies of local government and self-government, other bodies or officials, which affect the rights and legitimate interests of legal persons and citizens in the sphere of entrepreneurial and other economic activities;

presents a claim on recognition as invalid of transactions accomplished by the state bodies, bodies of local government and self-government, state unitary enterprises, state institutions, and also legal persons in the statutory fund of which there is a share of state property.

At establishment of violations of the legislation, the public prosecutor shall have the right, within the limits of his competence, is entitled to present a claim (statement) to the court considering economic cases with the aim to defend the interests of legal persons, individual entrepreneurs and other persons, upon the consent thereof.

The claim (statement) shall be submitted:

to the Supreme Court of the Republic of Belarus – by the General Public Prosecutor of the Republic of Belarus, public prosecutors of regions, of the city of Minsk and their deputies;

to other courts considering economic cases – by the General Public Prosecutor of the Republic of Belarus, public prosecutors of regions, of the city of Minsk, public prosecutors of districts, city districts, cities, inter-district and transport public prosecutors equated to them and their deputies.

The public prosecutor who has submitted a claim (statement) enjoys the procedural rights and perform the procedural duties of the plaintiff, with the exception of the right to conclude an amicable agreement. The plaintiff (complainant) in such case shall be the person, for protection of whose interests the public prosecutor has presented the claim (statement). If the claim (statement) has been submitted by the public prosecutor with the aim to defend the state interests, the plaintiff shall be the Republic of Belarus or the administrative and territorial units of the Republic of Belarus in the name of the corresponding state bodies.

An abandonment of the public prosecutor of the claim (statement) presented by him does not deprive the plaintiff (claimant) of the right to demand the consideration of the case on its merits.

An abandonment by the plaintiff of the claim (statement), accepted by the court considering economic cases, which has been submitted with the aim to protect the plaintiff's interests by the public prosecutor, shall entail termination of proceedings on the case.

Abandonment by the plaintiff (claimant) of the claim (statement), the conclusion of an amicable agreement on the claim presented by the public prosecutor with the aim to protect the state and public interests, shall not entail termination of proceedings on the case.

Participation of the public prosecutor in consideration of the case instituted on his claim (statement) shall be mandatory.

Article 67. Participation of state bodies, bodies of local government and self-government and other bodies in the case

In cases provided by the legislative acts, state bodies, bodies of local government and self-government and other bodies are entitled to present a claim (statement, complaint) at the court considering economic cases with the aim to protect the state and public interests, and also with the aim to protect the interests of legal persons, individual entrepreneurs and other persons, with their consent.

The body that has submitted the statement of claim (statement, complaint) enjoy the procedural rights and bear the procedural duties of the plaintiff, with the exception for the right to conclude an amicable agreement.

An abandonment of the body of the claim (statement, complaint) presented by him does not deprive the plaintiff (claimant) of the right to demand the consideration of the case on its merits.

An abandonment by the plaintiff (claimant) of the claim (statement, complaint) which has been presented with the aim to protect the claimant's interests shall entail termination of proceedings on the case.

Article 68. Other participants of the economic procedure

Apart from the persons participating in the case, other persons who assist execution of justice, may take part in the economic proceedings – experts, specialists, witnesses, state bodies, bodies of local government and self-government, interpreters, and procedural witnesses.

Article 69. Oath of experts, specialists, and witnesses

Experts, specialists, and witnesses shall take the oath of the following contents:

"Understanding the importance of my evidence for establishment of the truth and taking into account my responsibility before the law, I hereby swear to truthfully inform the court about all facts known to me on the case."

The text of the oath shall be signed by experts, specialists, and witnesses, and shall be kept in the case file.

Article 70. Expert

An expert at the court considering economic cases may be a person who has special knowledge in the field of science, arts, engineering or craft, required to make a conclusion, and entrusted under the procedure established by the legislation with the powers to make expert examination and appointed by the court considering economic cases under the procedure established by the present Code.

The person appointed to be an expert is obliged to appear upon the summons of the court considering economic cases and to provide an objective conclusion on the asked questions.

If the submitted materials are not sufficient for preparation of a conclusion or the asked questions fall outside the boundaries of special knowledge of the expert, he is obliged to inform the court considering economic cases about impossibility to draw a conclusion.

The expert is entitled to refuse to give a conclusion, if the materials submitted to him are insufficient, or he has no knowledge required for execution of the duties imposed on him.

Should it prove necessary for giving a conclusion, the expert has the right:

to get acquainted with the materials of the case related to the subject of examination;

to move petitions on providing him additional materials for giving a conclusion;

to take part in judicial sessions of the court considering economic cases and to ask questions related to the subject of the expert examination performed by him.

Petitions of the expert on providing him additional materials for giving a conclusion shall be considered by the court considering economic cases without summoning the parties and with issuance of a ruling within the period of not more than five days from the day of receipt of the petition by the court.

The expert being a foreign citizen, stateless person or citizen of the Republic of Belarus permanently residing outside the Republic of Belarus is entitled to get acquainted with the materials of the case containing data constituting state secrets, after obtaining an access permit under the procedure established by legislative acts.

For a refusal or evasion without valid reasons from execution of the duties imposed on him, and also for giving a knowingly false conclusion, the expert shall bear liability established by the Criminal Code of the Republic of Belarus.

Article 71. Specialist

A specialist at the court considering economic cases may be a person having the necessary knowledge on a respective field, providing consultations on issues having importance for consideration of the case.

A person summoned by the court considering economic cases as a specialist is obliged to appear in the court, to answer the asked questions, to give explanations and consultations, including in a written form.

Summoning by the court considering economic cases of a specialist imposes on the head of the organization where the specialist is employed, on the individual entrepreneur employing the specialist a duty to ensure him a possibility to appear at the court considering economic cases for performance of his duty.

The specialist has the right, upon a permission of the court considering economic cases, to get acquainted with the materials of the case, to move petitions on providing him additional data and materials, to receive remuneration for giving the consultations, to receive reimbursement of expenses related to the appearance at the court considering economic cases.

The specialist is entitled to refuse to give consultations if the questions fall outside the boundaries of his special knowledge or materials submitted to him are insufficient to give consultations.

The specialist being a foreign citizen, stateless person or citizen of the Republic of Belarus permanently residing outside the Republic of Belarus is entitled to get acquainted with the materials of the case containing data constituting state secrets, after obtaining an access permit under the procedure established by legislative acts.

Article 72. Witness

A witness may be a person who is aware of the data about the circumstances important for correct consideration of the case by the court considering economic cases.

The data provided by a witness are not evidence unless the witness indicates the source of his awareness.

The person petitioning to summon a witness shall inform about his surname, own name, patronymic, and residence.

The person summoned as a witness shall appear to the court considering economic cases in due time and to tell the data known to him on the circumstances of the case.

The witness is obliged to give truthful testimony, answer the questions of the court considering economic cases (judge of the court considering economic cases) and of the persons participating in the proceedings.

For a refusal or evasion from giving evidence, and also for giving knowingly false evidence, the witness shall bear liability established by the Criminal Code of the Republic of Belarus.

The following persons cannot be witnesses:

representatives on a civil and economic case and the persons acting as defence counsel on a criminal case – in relation to the facts which became known to them in connection with performance of the duties of the representative or defence counsel;

representative of the parties who participated in the conciliation procedure, mediation, conciliators and mediators – in relation to the facts which became known to them in connection with participation in the conciliation procedure, mediation, with exception of the cases when the parties granted their written permission thereto;

clergymen – in relation to the facts the information about which they have obtained during confession;

persons who by virtue of their physical or mental problems are not capable to correctly perceive the facts or to reproduce the data about the facts and to give evidence about them;

other persons, in the cases specified in the legislative acts.

Nobody shall be forced to give evidence and explanations against himself, members of his family, and close relatives.

Article 73. State bodies, bodies of local government and self-government

The court considering economic cases is entitled to attract for participation in proceedings a competent state body, body of local government and self-government, and/or other body for making a conclusion on the issues related to the sphere of activity of this state or other body.

The state body, body of local government and self-government and/or other body, attracted for participation in the economic proceedings, shall direct their representatives to the court considering economic cases, who shall act on their instructions and on their behalf and are obliged to have due competence in the sphere of activity of the bodies which have sent them.

A representative of the state body, body of local government and self-government, or another body is obliged to appear to the court considering economic cases and give to the court and the persons participating in the case truthful data related to the sphere of activity of the body, which has sent him and to answer their questions.

Article 74. Interpreter

The interpreter is a person who knows languages the knowledge of which is necessary for translation or interpretation and attracted by the court in the instances and the order provided by the present Code.

The participants of the economic proceedings are not entitled to take up the duties of interpreter, even if they knew languages necessary for translation.

The participants of the economic proceedings are entitled to give a candidature for an interpreter to the court considering economic cases.

The interpreter shall appear on a summons of the court considering economic cases, to make the entrusted translation precisely and completely, to confirm the authenticity of the translation by his signature in the minutes (protocol) of the judicial session or in the translated document, and to refuse to participate in the proceedings on the case, if he lacks the knowledge necessary for translation.

The interpreter is entitled to ask questions to the participants of the economic proceedings present at the translation with the aim to clarify the sense of translated words and expressions, to get acquainted with the minutes of the judicial session, in which he has participated, and to make remarks which are to be entered into the minutes.

The interpreter being a foreign citizen, stateless person or citizen of the Republic of Belarus permanently residing outside the Republic of Belarus is entitled to get acquainted with the materials of the case containing data constituting state secrets, after obtaining an access permit under the procedure established by legislative acts.

For a refusal or evasion, without valid reasons, from execution of the duties imposed on him, and also for making a knowingly wrong translation at the court, the interpreter bears liability established by the Criminal Code of the Republic of Belarus.

Article 75. Attesting witness

At least two persons shall be invited as attesting witnesses, who have no interest in the outcome of the case, for attesting the course and outcomes of a procedural action in the instances provided by the present Code.

An attesting witness has the right:

to make declaration and remarks concerning the procedural action in which he has participated, to be entered into the minutes;

to get acquainted with the minutes of a procedural action in which he has participated and to demand to introduce corrections and additions thereinto.

An attesting witness is obliged to:

take part in the procedural action;

attest by his signature in the minutes of the procedural action the fact of fulfillment of this action, its course and outcomes.

The attesting witness may be interrogated as a witness about the circumstances related to fulfillment of the procedural action, the participant of which he has been.

The following persons may not be attesting witnesses:

persons who have not reached the majority of age;

persons recognized legally incapable or restricted in legal capacity, under the procedure established by the law;

persons who by virtue of their physical or mental deficiencies are not capable to correctly perceive the fact of performance of a procedural action, its course and outcomes;

workers of the court, law-enforcement or controlling bodies.

CHAPTER 7
REPRESENTATION IN THE COURT CONSIDERING ECONOMIC CASES

Article 76. Representatives

Legal persons shall conduct their cases at the court considering economic cases through their bodies acting in accordance with legislative and other normative legal acts, and also with the constituent documents.

The interests of a legal person at the court considering economic cases may be represented by an advocate, the head or a worker of the legal person on cases of this person, other persons in the instances provided by the legislative acts.

An authorized representative of the liquidating commission shall act at the court considering economic cases on behalf of a legal person being liquidated.

An individual entrepreneur and a citizen are entitled to conduct their cases at the court considering economic cases personally or through a representative. Personal participation of the individual entrepreneur and citizen in the case does not deprive them of the right to have a representative on the case. As representatives of an individual entrepreneur and a citizen may act advocates, legal representatives, close relatives, spouse, other persons carrying out the representation in the instances provided by the legislative acts.

At the court considering economic cases, the cases of the Republic of Belarus and administrative and territorial units of the Republic of Belarus shall be conducted by representatives of the state bodies, bodies of local government and self-government, authorized under the procedure established by the legislation, and citizens.

Article 77. Persons who may be representatives at the court considering economic cases

Unless otherwise provided by the legislative acts, a representative at the court considering economic cases may be a natural person possessing legal active capacity, who has properly documented powers to conduct the case at the court considering economic cases.

The rights and legitimate interests of citizens not possessing full legal active capacity at the moment of consideration of the case, shall be defended in the economic proceedings by their lawful representatives who are granted this right by the legislative acts. The lawful representatives may entrust the conduct of the case at the court considering economic cases to another representative appointed by them.

Article 78. Formalization of powers of a representative

Representatives are admitted by the court considering economic cases for participation in the case only upon availability of corresponding powers.

The power of attorney issued to a representative shall be signed by the person competent to issue such powers of attorney and shall be made out in accordance with legislative acts.

The power of attorney issued to a representative by an individual entrepreneur or a citizen shall be certified by a notary, or by:

head of the legal person where the represented person works or studies;

organization carrying out maintenance of housing fund and/or rendering housing and communal services at the place of the residence of the represented person;

institution of social protection of the population;

hospital or another in-patient treatment-and-prophylactic institution in which the represented person is on treatment;

commanding officer of the corresponding military unit if the power of attorney is issued to military servicemen, workers of this unit, or to members of their families.

The power of attorney issued to the representative by a person being in places of imprisonment shall be certified by the administration of the corresponding corrective institution.

The powers of an advocate shall be certified under the procedure established by the legislative acts.

Legal representatives shall present the documents confirming their right to represent the interests of persons being under their care to the court considering economic cases.

Article 79. Powers of the representative

The representative is entitled to execute, in the name of the person represented by him, all procedural actions, except for:

signing the statement of claim and response to the statement of claim;

signing the statement on initiation of mandative proceedings, response to the statement on initiation of mandative proceedings and the statement on cancellation of a court ruling of the court considering economic cases, on on the court order;

transferring the case to the international arbitration court (court of arbitration), court of arbitration, another permanent arbitration body;

complete or partial abandonment of the stated claims, reduction of the amount of the claims;

changing the subject matter or ground of the claim;

admission of the claim;

taking measures on securing the claim and refusal to take these measures;

conclusion of an amicable agreement;

transfer of his powers to another person (delegation);

appealing against a court resolution;

moving a demand on enforced execution of a court resolution;

signing a complaint submitted in exercise of supervision;

accepting the awarded property or monetary means;

participation in the conciliation procedure, conclusion of an agreement on conciliation, agreement on implementation of the mediation, mediation agreement;

lodging a motion on consideration of the case in adversary proceedings in the event of refusal to make a ruling of the court considering economic cases on the court order;

signing of a statement on recognition and enforcement of a decision of a foreign court or a foreign arbitration award;

signing of a petition on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body.

The powers of the representative on committing the actions provided by indents two to eighteen of part one of the present Article shall be specially provided in the power of attorney issued by the represented person.

The representative being a foreign citizen, stateless person or citizen of the Republic of Belarus permanently residing outside the Republic of Belarus is entitled to get acquainted with the materials of the case containing data constituting state secrets, after obtaining an access permit under the procedure established by legislative acts.

Article 80. Persons who may not be representatives at the court considering economic cases

The following persons may not be representatives at the court considering economic cases:

persons not possessing full legal active capacity or ho remaining under trusteeship or guardianship;

judges, investigators, public prosecutors, workers of the apparatus of the court considering economic cases, with the exception of the cases, when the mentioned persons act in economic proceedings as authorized persons of the corresponding courts, office of the public prosecutor, or legal representatives;

other persons provided by legislative acts.

Article 81. Procedure for verification of powers

The court considering economic cases is obliged to check the powers of persons participating in the case, who have appeared at the court, and their representatives.

The powers shall be checked by the judge of the court considering economic cases (judge presiding in the judicial session) by studying the documents submitted to the court, confirming the powers of the persons participating in the case and their representatives.

On the basis of examination of the documents submitted to the court, the court considering economic cases shall decide the issue about recognition of the powers of the persons participating in the case and their representatives, and on admission thereof to participation in the judicial session.

Documents confirming the powers of the persons participating in the case and of their representatives, if necessary, are attached to the case file, or the data from these documents are entered into the minutes.

In case of a failure of a person participating in the case or his representative to present the necessary documents or presentation of documents which do not correspond to the requirements, established by the present Code and other acts of legislation, the court considering economic cases shall refuse to recognise the powers of a respective person on participation in the case, concerning which a record shall be made in the minutes of the judicial session or a separate court ruling shall be issued.

Article 82. Documents confirming the powers

An individual entrepreneur who personally exercises his powers at the court considering economic cases shall present to the court his certificate of registration as individual entrepreneur (its notarially certified copy) and also his passport.

The head of a legal person shall present to the court the document confirming the status of the head and also his passport or identification certificate.

A worker of the legal person or another person entrusted to represent the interests of the legal person at the court considering economic cases shall present to the court the power of attorney of the legal person or another document certifying such powers and also present their passports or identification certificates.

An advocate shall present to the court the certificate of the advocate and the power of attorney.

Other participants of the economic proceedings and their representatives shall present to the court considering economic cases the documents confirming their powers on participation in the proceedings in accordance with the acts of legislation.

CHAPTER 8EVIDENCE AND PROVING THE CIRCUMSTANCES OF THE CASE

Article 83. Evidence on the case and means of proving

Evidence on the case shall be the data obtained in accordance with the present Code and other legislative acts, on the basis of which the court considering economic cases establishes the presence or absence of the circumstances justifying the claims and objections of the persons participating in the case, and also of other circumstances important for correct settlement of the case.

The following refers to the means of proving:

written and material evidence (exhibits);

audio and video records;

explanations of the persons participating in the case;

consultations of specialists;

opinions of experts;

testimony of witnesses;

conclusions (opinions) of state bodies, bodies of local government and self-government;

other documents and materials.

Explanations of the persons participating in the case and other participants of economic proceedings received through using videoconferencing systems shall be accepted as evidence.

Data obtained with violation of the order established by the present Code do not constitute evidence and have no legal force.

Unless the parties that participated in the conciliation procedure has agreed in writing otherwise, the parties and other persons that were present while the conciliation procedure was held are not entitled to make reference in the court proceedings to:

a proposal of one of the parties to apply to a conciliator or the fact that one of the parties expressed readiness to participate in the conciliation procedure;

an opinion or proposal expressed by one of the participants of the conciliation procedure with regard to a possible conciliation;

admissions made by one of the parties in the course of the conciliation procedure;

readiness of one of the parties to accept the proposal on conciliation made by the other party;

data contained in a document prepared exclusively for the purposes of the conciliation procedure.

Article 84. Written evidence

Written evidence is acts, contracts, references, consignment notes, business correspondence, public information written in letters made in the form of digital, graphic records, place in the global computer network Internet, received in the order established by the legislation, other documents and materials containing the data on the circumstances having importance for the case, including those made in the form of digital or graphic records, receive by means of facsimile, electronic or any other communication, or in another way, allowing to establish the authenticity of the document.

The documents received by means of facsimile, electronic or another communication, including with the use of the global computer network Internet, and also documents signed by electronic digital signature or by another analogue of signature are admitted as written evidence with observation of requirements established the present Code, other legislation or contract for this kind of evidence.

If copies of documents are submitted to the court considering economic cases in electronic form, the court may request to present the original of these documents.

Documents being submitted to the court considering economic cases must correspond to the requirements established for this kind of evidence.

Written evidence made fully or in part in a foreign language must be accompanied by a duly certified translation to one of the official languages of the Republic of Belarus.

Written evidence shall be presented in the original or in the form of a properly certified copy thereof. If only a part of the document refers to the considered case, a certified excerpt therefrom shall be presented.

Original documents shall be presented if the circumstances of the case are, in accordance with the legislation, to be confirmed only by such documents, and also in other cases on demand of the court considering economic cases.

Written evidence is presented to the court considering economic cases by the persons participating in the case, and also may be requested on the initiative of the court considering economic cases.

Copies of written evidence submitted to the court considering economic cases by a person participating in the case shall be directed (served) by this person to other persons participating in the case, who lack them.

Article 85. Return of original documents

Original documents available in the case may, upon a request of the persons who have presented them, be returned to these person after the entry into force of the court resolution which ends the consideration of the case, and if the court considering economic cases concludes that satisfaction of such request is possible without any damage to correct settlement of the dispute, – in the course of the proceedings on the case. The court considering economic cases is entitled to oblige the person who petitioned for return of the original document to present its copy.

Article 86. Material evidence

Material evidence are is objects which by their appearance, internal properties, location or other attributes can serve as means for establishing the circumstances which are important for correct settlement of the case.

The court considering economic cases shall issue a ruling on adduction of material evidence.

Article 87. Safekeeping of material evidence

Material evidence shall be kept at the court considering economic cases in the case file or separately therefrom.

Material evidences which because of their bulkiness or other objective reasons cannot be delivered to the court considering economic cases shall be left in their location and transferred for safekeeping to their actual owners or other persons.

All material evidence shall be described in detail in the protocol of examination and sealed, and if necessary, also filmed on photo or video.

Expenses on safekeeping material evidence are distributed among the parties according to the present Code.

The court considering economic cases and the keeper shall take measures to preservation of material evidence in their unchanged condition.

Persons who have failed to ensure preservation of material evidence shall bear liability in accordance with the legislation.

Article 88. Inspection and investigation of material evidence exposed to spoilage and disposal of them

Material evidences which are exposed to fast spoilage shall be immediately examined and investigated by the court considering economic cases at their location under the procedure established by Article 102 of the present Code. After inspection this material evidence is subject to return to the person who has presented it or to the persons for whom the court considering economic cases has recognized the right to these objects. If the return of the material evidence exposed to fast spoilage is impossible, it shall be delivered to respective institutions for utilization according to its intended purpose or disposal, or realized under the procedure established by the court considering economic cases.

Inspection and examination of the material evidence exposed to fast spoilage shall be made by the court considering economic cases with notification of the persons participating in the case. Non-appearance of duly notified persons participating in the case shall not preclude carrying out the inspection and examination.

Article 89. Disposal of material evidence kept at the court

Material evidence shall, after entry into force of the court resolution which ends the consideration of the case, be returned to the persons from whom they have been obtained, or transferred to the persons for whom the court considering economic cases has recognized the right to these objects, or realized, or delivered to respective institutions for use according to its intended purpose, or disposal under the procedure established by the legislation.

After inspection and examination of material evidence by the court considering economic cases, they may be returned, upon petition of the persons from whom they have been received, back to them in the course of the proceedings on the case, if the court considering economic cases comes to a conclusion that satisfaction of such petition is possible without any damage to consideration of the case.

Objects referred to material evidence, which according to the legislative acts may not remain in possession of individual persons shall be transferred in the established order to respective organizations.

The court considering economic cases shall issue a ruling on the disposal of material evidence.

Article 90. Audio and video recording

Persons who present audio and video records on electronic or other carriers, or who petition to request them are obliged to indicate when, who and in what conditions the recording was made.

Carriers of audio and video records shall be kept at the court considering economic cases along with the case file. The court considering economic cases shall take measures to preserve them in unchanged state.

It is not allowed to use as evidence the audio and video records obtained in a hidden way, with the exception of the instances when such recording is permitted by the legislation.

In exceptional instances, after the entry into force of the court resolution which ends the consideration of the case, the carriers of audio and video records may be returned to the person from whom they were received.

The court considering economic cases shall make a ruling on return of the carriers of audio and video records.

Article 901. Other documents and materials

Other documents and materials are allowed as evidence if they contain the data about circumstances important for correct consideration of the case and received, requested or presented in the order established by the present Code.

Article 91. Explanations of the persons participating in the case

Explanations of the persons participating in the case about the circumstances known to them and important for the case, are subject to examination and assessment along with other evidence. The court considering economic cases is entitled to consider as established the circumstances important for the case on the basis of the data reported by one party if the other party withhold evidence and does not present it at the request of the court considering economic cases.

Upon proposal of the court considering economic cases, the person participating in the case shall provide his explanations in writing.

Recognition by one party of the circumstances on which the other party grounds its demands or objections shall release the other party from the duty of further proving them. A record in the minutes of the judicial session shall be made about recognition of the circumstances. If the recognition of the circumstances is made in a written statement, it shall be adducted to the materials of the case.

Recognition by the person participating in the case of the facts on which the other person substantiate its demands or objections is not binding for the court considering economic cases.

The court considering economic cases is entitled to consider a recognised fact to be established if it has no doubts that the recognition of the fact meets the circumstances of the case and has not been made under the influence of misrepresentation, violence, threat, error, or with the aim to conceal the truth.

Article 92. Appointment of an expert examination

For clarification of issues arising at consideration of the case, which demand special knowledge, on petition of the persons participating in the case or on its own initiative, the court considering economic cases shall appoint an expert examination.

Persons participating in the case are entitled to present to the court considering economic cases the questions which shall be explained in the course of the expert examination.

The final list of issues on which the expert examination must be made shall be established by the court considering economic cases.

The court considering economic cases shall issue rulings on appointment of the expert examination or on rejection of the petition about its appointment.

A ruling on appointment of the expert examination and the necessary materials shall be delivered by the court considering economic cases to the expert or to the expert institution.

If a party on the case refuses to take part in holding the expert examination or obstructs to carry it out (fails to appear to the expert examination, fails to provide necessary objects of examination to the experts, etc.), and on the circumstances of the case, it is impossible to hold the expert examination without participation of this party or without the objects of examination submitted by this party, the court considering economic cases is entitled, depending on the fact which of the parties evades from examination and what importance it has for this party, to recognize the fact for explaining which the examination has been appointed, to be considered either established or rejected.

Article 93. Order of carrying out expert examination

An expert examination shall be performed by experts of an expert institution on the commission of the head of the institution or by other persons to whom it has been commissioned by the court considering economic cases. An expert examination shall be carried out by one or several experts.

An expert examination may be performed in the judicial session of the court considering economic cases or outside the session if it is required by the nature of the research or at impossibility or difficulty to deliver the materials for examination to the judicial session. The persons participating in the case are entitled to be present at carrying out of the expert examination, with the exception of the cases, when such presence outside the judicial session can prevent a normal work of the experts.

Upon reception by the expert institution of a ruling of the court considering economic cases on appointment of an expert examination, the head of this institution shall commission its performance to one or several workers, explain to them the rights and duties of experts, provided by the present Code, and warn them of the criminal liability for giving a knowingly false conclusion, and for refusal or evasion without valid reasons from execution of the duties imposed on them, which shall be certified by signatures of the experts.

When the expert examination is being performed outside the expert establishment, the expert shall be invited to the judicial session where the court considering economic cases shall verify his identity and speciality, find out whether there are any grounds for his challenge, explain the expert his rights and duties, and warn him against signature about the criminal liability for giving a knowingly false conclusion, and for refusal or evasion without valid reason from execution of the duties entrusted to him.

Article 94. Opinion of the expert

The opinion of an expert shall be exposed in writing and signed by the expert (experts) who was (were) in charge of performing the expert examination.

The following shall be specified in the opinion of the expert:

time and place of carrying out the expert examination;

person (surname, own name, patronymic, education, speciality, position), who has carried out the expert examination;

grounds for carrying out the expert examination;

samples and materials used by the expert;

detailed description of researches made, the questions asked by the court considering economic cases before the expert, and his motivated answers to them;

conclusions on the results of performance of the expert examination.

If in the process of expert examination the expert establishes the circumstances important for the case on which no questions have been set before him, he is entitled to include the conclusions on these circumstances into his opinion.

The opinion of the expert shall be investigated at the judicial session and assessed alongside with other evidence.

The opinion of the expert shall be announced at the judicial session. On a petition of the person participating in the case or on the initiative of the court considering economic cases, the expert may be summoned to the judicial session.

The expert who has appeared at the judicial session is obliged, after announcement of his opinion, to give necessary explanations thereto, and also to answer questions of the court considering economic cases and the persons participating in the case. The answers of the expert to the questions shall be entered into the minutes of the judicial session.

Article 95. Additional and repeat expert examination

In case of insufficient clearness or incompleteness of the opinion of an expert, the court considering economic cases is entitled to appoint an additional expert examination which shall be performed by the same or another expert.

The court considering economic cases is entitled to appoint a repeat expert examination which shall be carried out by another expert. A repeat expert examination shall performed in the cases when the opinion of the expert who has carried out the initial expert examination is insufficiently substantiated, his conclusions cause doubts, materials submitted to the expert are recognized to be untrue, or there are contradictions between opinions of several experts, and also when the rules of performing the expert examination have been breached.

Article 96. Complex and commission expert examination

A complex expert examination shall be appointed if it is possible to draw a conclusion important for the case only through performance of several expert examinations with the use of different branches of knowledge or different scientific disciplines within the limits of one branch of knowledge.

A complex expert examination shall be carried out by at least two experts of different specialities.

Each expert shall perform the research independently, bear the responsibility for it, and draw his opinion within the limits of his competence.

The opinion of the experts shall indicate what particular research and in what volume have been made by each expert, what facts he has established, and what conclusions he has come to. Each expert participating in carrying out of a complex expert examination shall sign that part of the opinion which contains the description of the research made by him and shall bear responsibility for it.

The expert is not entitled to sign that part of the opinion of the complex expert examination, which does not refer to his competence.

The general conclusion shall be made by the experts competent of assessing the obtained results and formulation of conclusion. Should any disagreements arise among the experts, each of them shall give a separate opinion on the issues that have caused the disagreements.

Complicated expert examinations may be carried out by commissions of experts of one speciality.

If by the outcomes of the researches made, the opinions of the experts on the asked questions coincide, the experts shall make a single opinion. Should any disagreements arise, each of the experts participating in carrying out a commission expert examination shall give a separate opinion on questions that caused disagreements.

Article 961. Consultations of specialists

For receiving consultations on issues which demand special knowledge and have importance for consideration of the case, the court considering economic cases may engage specialist.

The specialist shall give consultations honesty and impartially based on professional knowledge and internal conviction.

Consultations are given by the specialist without holding special research.

The specialist may be asked questions by the court considering economic cases and the persons participating in the case.

Consultations of the specialist given in a written form shall be announced at the judicial session and adducted to the materials of the case. Consultations of the specialist given in oral form shall be entered into the minutes of the judicial session.

Article 962. Confrontation

The court considering economic cases may, on the basis of a petition of the parties and/or third persons at the judicial session and also on its own initiative, hold a confrontation between parties, third persons (representatives of the parties, third persons) and/or witnesses in testimonies and explanations of which there are essential contradictions.

If the confrontation is held between persons who have been warned about the criminal liability, the judge shall remind the said person thereabout. If the witness is a minor person not having reached sixteen years, the court considering economic cases shall, without warning him about criminal liability, remind him the duty to communicate truthfully all known on the case.

When the confrontation is held with participation of a minor witness at the age of up to fourteen years, and at the discretion concerning the interrogation of witnesses at the age of fourteen to sixteen years, a pedagogue with higher education must be present. In case of necessity, legal representatives of the minor also shall be summoned to the court. The pedagogue with higher education and legal representatives may, with consent of the court, to ask questions to the minor witness.

At the beginning of the confrontation, the court considering economic cases shall enquire whether or not the persons being interrogated know each other and in what relations exist between them. Then the persons being interrogated are proposed, in the sequence determined by the court, to give testimony (explanations) concerning the facts for clearing which the confrontation is being held. After the interrogated persons give their testimony (explanations, the court considering economic cases may ask them questions. With the permission of the court considering economic cases, the public prosecutor, other persons participating in the case are entitled to ask questions to the participant of the confrontation.

Testimonies (explanations) of the interrogated persons are entered into the minutes of the court session in the same sequence in which they were given. Each participant of the confrontation shall sign his testimony and each page of the minutes separately.

Article 97. Interrogation of the witness

A witness may be interrogated on the facts known to him and to be proved on the case.

A person petitioning to summon a witness is obliged to specify to the court considering economic cases the facts which the witness can able to confirm or reject, and also his surname, own name, patronymic and residence.

Before the interrogation of a witness, the court considering economic cases shall:

make sure of the identity of the witness;

explain to the witness his right to refuse to give evidence in the instances provided by the present Code and other legislative acts;

warn the witness of the criminal liability for refusal or evasion from giving testimony, and also for giving knowingly false testimony.

Article 98. Order of interrogating the witness

Each witness is interrogated separately. Witnesses who did not yet given testimony may not be present in the hall of the judicial session during the consideration of the case. Interrogated witnesses shall remain in the session hall till the end of the proceedings on the case, unless the court allows them to leave earlier after having listened to the opinions of the persons participating in the case to this end.

A witness may be interrogated by the court in the place of his stay if due to his illness, old age, physical inabilities, or other valid reasons he is not capable to appear on the summons of the court considering economic cases.

The court considering economic cases shall clarify the relation of the witness to the persons participating in the case and propose to the witness to communicate to the court all which he knows on the case. After that the witness may be asked questions by the court considering economic cases, by the person on whose initiative he has been summoned, by the public prosecutor and other persons participating in the case.

A witness may be interrogated repeatedly in the same or a new session on the initiative of the court considering economic cases or on his own statement, and also at the request of the persons participating in the case.

Article 99. Conclusions (opinions) of state bodies, bodies of local government and self-government

In the cases provided by legislative acts, state bodies, bodies of local government and self-government may be attracted by the court considering economic cases, upon statement of a person participating in the case or on the initiative of the court, to take part in the economic proceedings for making a conclusion. The state body, body of local government and self-government shall direct to the court considering economic cases their representatives who shall give conclusions on the issues relating to the competence of the bodies represented by them.

Representatives of the state body, body of local government and self-government, attracted for participation in the economic proceedings, shall formulate their conclusions on the basis of the questions put before them by the court considering economic cases and by the persons participating in the case.

On a petition of the representatives of the state body, body of local government and self-government, the court considering economic cases shall give them the time necessary for preparation of the conclusions.

The representatives of the state body, body of local government and self-government shall provide, on behalf of the bodies which have sent them to the court considering economic cases, conclusions which have the nature of official conclusions of these bodies. Conclusions of the state body, body of local government and self-government shall be made in writing and documented by corresponding bodies as official documents outgoing from these bodies.

The conclusions of the state body, body of local government and self-government shall be announced at the judicial session.

Upon a petition of a person participating in the case or on the initiative of the court considering economic cases, the representatives of the state body, body of local government and self-government may be summoned to the judicial session. The representative who has appeared at the judicial session, shall have the right, after announcement of the corresponding conclusion of the state body, body of local government and self-government, to give the necessary explanations thereon and also is obliged to answer additional questions of the court considering economic cases and the persons participating in the case. The answers of the representatives to additional questions shall be entered into the minutes of the judicial session.

Article 100. Subject and duty of proving

The court considering economic cases shall, based on the grounds of the demands and objections of the persons participating in the case and with regard to the contents of the norms of the law to be applied, define the circumstances important for the correct resolution of the dispute or consideration of the case (subject of proving).

Each person participating in the case must prove those circumstances to which he refers as to justification of his demands and objections, unless otherwise provided by the legislation.

At consideration of a dispute on recognition to be invalid of a non-normative legal act of a state body, body of local government and self-government, another body or an official, the duty of proving the legality of the challenged act shall be imposed on the body or the person who has adopted it.

Each person participating in the case must disclose evidence on which he refers as a ground for his demands and objections before other persons participating in the case prior to the termination of preparation of the case for court proceeding or within the time limit established by the court considering economic cases, unless otherwise established by the present Code.

Persons participating in the case shall define, in the process of proving, the volume of the facts subject to be proved, collect the evidence confirming the facts subject to be proved, present evidence, participate in examining evidence at the judicial session, and express to the court their opinion on assessment of the evidences.

The volume of the facts subject to be proved may be changed at the court considering economic cases of first instance in connection with changing by the plaintiff of the ground or the subject matter of the claim and/or submission by the respondent of the counterclaim.

If the court considering economic cases finds it impossible to consider the case on the basis of available evidence, it is entitled to propose the persons participating in the case to present additional evidence or to request them directly.

Article 101. Presentation and requesting of evidence

Evidences shall be presented by the persons participating in the case to the courts considering economic cases of first and appellate instances in the order established by the present Code.

A person participating in the case who has no possibility to independently obtain the necessary evidence from a person participating or not attracted for the participation in the case, who possesses the evidence, is entitled to submit a petition to the court considering economic cases on requesting this evidence. The petition must specify what circumstances important for settlement of the case can be established by this evidence, designate the evidence, and indicate the place of its location.

When satisfying the petition, the court considering economic cases shall request the respective evidence from the person who possesses it.

The court considering economic cases shall make a ruling on requesting the evidence, which shall indicate the time limit and the order of presenting the evidence.

If necessary, the court considering economic cases shall issue to the person participating in the case a corresponding ruling for obtaining the evidence.

The person who possesses the evidence requested by the court considering economic cases, shall send it directly to the court or hand out to the person having the respective ruling for further transfer to the court.

If the person from whom the court considering economic cases requests the evidence has no possibility to present it in general or has no possibility to present it within the time limit established by the court, he is obliged to notify the court, not later than five days from the date of receipt of the ruling of the court considering economic cases on requesting the evidence, about the fact with indication of the reasons of the non-execution or delay of execution of the request thereof.

In case of a failure to inform the court considering economic cases, and also in case of non-execution of the request on submission of the requested evidence for the reasons recognized by the court considering economic cases to be irreverent, the person from whom this evidence has been requested (official of the legal person) shall be attracted to liability according to the legislation. In this instance the person who possesses the evidence being requested is not released from the duty to present it to the court considering economic cases.

Article 102. Inspection and examination of evidences in the location thereof

The court considering economic cases is entitled to inspect and examine evidence in the location thereof, in case it is impossible or difficult to deliver them to the court considering economic cases.

The court considering economic cases shall issue a ruling on making an inspection and examination of evidence in the location thereof.

Inspection and examination of evidence in the location thereof shall be performed by the court considering economic cases with notification of the persons participating in the case. Non-appearance of duly notified persons participating in the case shall not preclude carrying out the inspection and examination.

If necessary, experts, specialists, witnesses or interpreters may be attracted to inspection and examination of evidence in the location thereof.

Immediately after inspection and examination of evidence in the location thereof, the protocol shall be drawn up to be signed by the judge of the court considering economic cases (collegiate composition of the court), who has made the inspection and examination of the evidence, and by the persons who have participated in the inspection and examination thereof.

Article 103. Relevance of evidence

The court considering economic cases shall accept and investigate only that evidence which can confirm or refute the facts to be proved on the considered case.

Article 104. Admissibility of evidence

The circumstances of the case which, according to the legislation, must be confirmed by certain evidence may not be confirmed by other evidence.

Article 105. Statement about forged nature of evidence

A person participating in the case is entitled to make a statement about forged nature of evidence submitted to the court considering economic cases if he possesses information about this fact which can be checked up.

A statement about a forged nature of the evidence which has been submitted to the court considering economic cases shall be filed with the court considering economic cases in writing, must be signed by the applicant and contain justification of such affirmation.

The court considering economic cases shall hear the opinions of other persons participating in the case in relation to the filed statement and about the possibility of further proceedings of the case. The court considering economic cases shall make a ruling on the decision made.

Article 106. Grounds for exempting from proving

The circumstances recognized by the court considering economic cases to be well-known shall not be subject to proving.

The circumstances which have been established by a court resolution which has entered into force on a case considered earlier shall not be subject to proving again during consideration by the court considering economic cases of another case in which the same persons or their successors participate.

The circumstances which have been established by a court resolution of another court and important for the case considered by the court considering economic cases shall not be subject to proving by the persons who participated in the case considered by another court of general jurisdiction or their successors.

The circumstances established by the sentence of a court on a criminal case, which has entered its force, important for the case being considered by the court considering economic cases shall not be subject to proving in relation to committing certain actions and persons who have committed them.

Article 107. Exempt from proving the circumstances of the case, recognized by the parties

The court considering economic cases of first and appellate instances shall facilitate, at all stages of the economic proceedings, attainment by the parties of the consent in assessment of actual circumstances of the case in whole or of a part thereof, exert necessary initiative for this purpose, use its procedural powers and authority of the body of the judicial power.

Circumstances of the case which have been recognized by the parties as a result of the consent achieved among them, shall be accepted by the court considering economic cases as a fact which requires no further proving.

Consent of the parties on actual circumstances of the case, achieved outside the judicial session, and the contents of such consent shall be certified by the court by drawing up a protocol to be signed by the parties and approved by the judge of the court considering economic cases.

The consent of the parties achieved at the judicial session and the contents of such consent shall be entered into the minutes of the judicial session and certified by signatures of the parties.

The issues related to actual circumstances of the case, recognized and certified by the parties under the procedure established by present Article, are not examined during further proceedings at the courts considering economic cases of first, appeal, cassation and supervising instances.

Article 108. Assessment of evidence

The court considering economic cases shall assess the evidence according to its internal conviction based on the all-round, complete and objective examination of the evidence available in the case.

No evidence shall have any preset weight for the court considering economic cases.

The court considering economic cases shall assess the relevance, admissibility, and veracity of the evidence separately and also the sufficiency and mutual interrelation of the evidence in combination thereof.

Evidence shall be recognised by the court considering economic cases to be authentic if as a result of examination thereof and comparison with other evidence the court establishes that the data contained therein complies with the reality.

The court considering economic cases of first and appellate instances is obliged to present in the court resolution the motives on which certain evidence were put by the court into justification of its conclusions and other was rejected.

Article 109. Securing of evidence

The persons participating in the case and having grounds to be afraid that presentation of the necessary evidence would become impossible or hampered, may submit a statement about securing these evidence to the court considering economic cases which has accepted the case to proceedings.

Prior to initiation of the proceedings on the case, the securing of written documents may be performed by notaries in the order established by the acts of legislation.

The composition of the international arbitration court (court of arbitration) or a party, upon the consent of the former, may apply to the court considering economic cases at the location of arbitration consideration or at the place of location of the property in relation to which measures on securing the evidence can be taken with a statement about securing the evidence.

The following shall be indicated in the statement about securing the evidence:

evidence which needs to be secured;

circumstances for confirmation of which the evidence is required;

reasons which have made the applicant to submit the statement about ensuring the evidence.

With the aim to ensure the evidence, the court considering economic cases shall accomplish procedural actions provided by the present Code, which are aimed at fixing and preservation of this evidence (imposing arrest, requesting evidence from other persons and organizations, examination of material evidence).

The court considering economic cases shall consider the statement about securing the evidence without summoning the parties.

On the results of consideration of the statement about securing the evidences, the court considering economic cases shall make rulings about securing the evidence or about refusal to satisfy this statement.

The ruling of the court considering economic cases about refusal to satisfy the statement about securing the evidence may be appealed against under the procedure established by the present Code.

Article 110. Use of technical means for fixing evidence

The court considering economic cases is entitled to use, on its own initiative or upon statement of the persons participating in the case, technical means to fix explanations of the parties, their representatives and other persons participating in the case, and also to fix other procedural actions of evidential nature.

Audio and video recording of interrogation only of some witnesses or one party, or a third person, same as of specially allocated fragments of someone's testimony given during the interrogation is not allowed.

Upon termination of a procedural action, the audio and video records shall be demonstrated to the participants of the procedural action.

The veracity of the information fixed with the help of technical means shall be confirmed by the participants of the procedural action in the protocol through signing thereof.

Article 111. Court commissions

In case of impossibility to obtain the evidence located in the territory of another administrative and territorial unit of the Republic of Belarus, the court considering economic cases that is considering a case is entitled to commission, under the procedure established by Article 112 of the present Code, a respective court considering economic cases to perform certain procedural actions.

The court considering economic cases shall make a ruling about a court commission, which shall specify the list of persons participating in the case, the location thereof, summary of the considered case, and also circumstances to be found out, and the evidence that the court considering economic cases being commissioned must collect.

A ruling about the court commission is binding for the court considering economic cases, to which the commission is given, and shall be executed within the time limit of not more than ten days from the day of receipt of the ruling.

Article 112. Order of execution of the court commission

A court commission shall be executed by the court considering economic cases under the rules established by the present Code. Persons participating in the case shall be informed on the time and place of holding the session. Non-appearance of duly notified persons participating in the case shall not preclude the execution of the commission.

A ruling shall be issued about execution of a court commission, which shall be sent, within five days together with all the materials, to the court considering economic cases, which has sent the court commission.

CHAPTER 9
SECURING THE CLAIM

Article 113. Grounds for securing the claim

On application of persons participating in the case, the court considering economic cases is entitled to take measures to secure the claim.

Securing the claim is allowed at any stage of the economic proceedings, where a failure to take measures to secure it can complicate or make impossible the execution of the judgment of the court.

According to the rules established the present Chapter, measure on securing the claim being considered by an international arbitration court (court of arbitration), court of arbitration may be taken by the court considering economic cases upon a petition of the composition of the international arbitration court (court of arbitration) or a party of the arbitration proceedings.

Article 114. Petition for securing the claim

The petition for securing the claim shall be stated in writing.

The petition for securing the claim shall specify the following:

name of the court considering economic cases, to which the petition is being stated;

surname, own name and patronymic (name) of the applicant and the respondent, their place of residence (stay) or the location, and also telephone and/or fax numbers, if those are available;

circumstances on which the demands to secure the claim are grounded;

securing measure for application of which the person participating in the case has petitioned;

concerning property demands – their amount;

in case of a request of arrest of the property – the object of securing the claim with indication of its location;

justification of the reasons which have caused the necessity to state a petition about securing the claim;

list of attached documents.

The petition of a party of arbitration proceedings for securing the claim being considered by an international arbitration court (court of arbitration) located in the territory of the Republic of Belarus shall be accompanies by a document confirming the consent of this international arbitration courts (courts of arbitration) to the fact that the party apply to the court considering economic cases with a petitions for securing the claim.

The petition of a party of court-of-arbitration proceedings for securing the claim being considered by a court of arbitration located in the territory of the Republic of Belarus shall be accompanied by a ruling of this court of arbitration about initiation of the court-of-arbitration proceedings.

The petition for securing the claim being considered by an international arbitration court (court of arbitration), court of arbitration shall be accompanied also by a document confirming payment of the state duty.

Article 115. Order of consideration of the petition to secure the claim

The petition for securing the claim shall be considered by the court considering economic cases, which is considering the dispute, without notification of the persons participating in the case, not later than three days from the day of receipt thereof by the court.

The petition for securing the claim being considered by an international arbitration court (court of arbitration), court of arbitration shall be considered by the court considering economic cases at the location of arbitration (court-of-arbitration) proceedings or at the location of the property in relation to which measures on securing the claim may be taken.

On results of consideration of the petition for securing the claim, the court considering economic cases shall issue a ruling.

When a petition for securing the claim has been stated in violation of the requirements provided by Article 114 of the present Code, the court considering economic cases shall return it. The person who has stated the petition is entitled to state the petition anew to the court considering economic cases after elimination of the revealed violations.

Upon satisfaction of the petition for securing the claim, the court considering economic cases shall take measures provided by Article 116 of the present Code.

Securing the claim may be refused if:

the court considering economic cases considers the justification of the reasons which have caused the necessity to state the petition for securing the claim, to be insufficient;

application of measures on securing the claim can essentially breach the rights of other persons, related to the object of security.

Rulings of the court considering economic cases on issues concerning securing the claim, with the exception of rulings on cancelling the security of the claim, may be appealed against under the procedure established by the present Code.

Rulings of the court considering economic cases on securing the claim or on refusal to secure it shall be sent to the parties, and also to other persons, entrusted by the court considering economic cases with the duty to take measures on securing the claim, not later than on the following day after they have been issued.

In case of appealing against the ruling of the court considering economic cases on securing the claim, such complaint shall be considered by the respective judicial instances (official having the right to bring a protest) on the merits irrespective of making the decision on cancellation of securing the claim in the order established by Article 119 of the present Code.

The fact of submitting a complaint to the ruling of the court considering economic cases on securing the claim does not suspend the execution of this ruling.

Article 116. Measures on securing the claim

The measures on securing the claim may be as follows:

imposition of arrest on the immovable or other property belonging to the respondent and remaining with the respondent or with other persons;

imposition of arrest on the monetary means placed on accounts in banks and/or non-bank credit and financial organizations;

prohibition to the respondent to make certain actions;

imposing on the respondent a duty to make certain actions;

prohibition to other persons to make certain actions concerning the subject matter of the dispute;

suspension of collection under an execution document or another document which allows collection in indisputable (acceptance-free) order, in case of submission of claims to recognize such documents non-enforceable;

suspension of realization of the property in case of submission of a claim on release thereof from arrest;

temporary restriction of the right of a citizen or individual entrepreneur, being respondents, to exit the Republic of Belarus;

other measures provided by the present Code and other legislative acts.

If necessary, it is allowed to adopt simultaneously several measures on securing the claim.

For non-observance of the measures on securing the claim, legal persons, individual entrepreneurs and citizens shall be made responsible in accordance with the legislation.

The plaintiff is entitled to collect the losses caused to him by non-execution of the ruling of the court considering economic cases on securing the claim, by way of submission of a claim to the same court considering economic cases.

The property inventory and arrest shall be made within the limits of the amount of the claim.

Article 117. Replacement of one measure of securing the claim for another

Upon statement of the person participating in the case, the composition of the international arbitration court (court of arbitration) or a party of the arbitration (court-of-arbitration) proceedings, it is allowed to replace one measure of securing the claim by another.

The issue of replacement of the measure of securing the claim shall be resolved under the procedure established by Articles 113-115 of the present Code.

Article 118. Execution of ruling of the court considering economic cases on securing the claim

At execution of the ruling of the court considering economic cases on securing the claim by imposing arrest on the property or monetary means, the respondent is entitled, instead of taking the measures established by the court on securing the claim, to deposit the sum claimed by the plaintiff to the corresponding account of the court considering economic cases.

Execution of a ruling on taking a measure on securing the claim, provided by indent nine of part one of Article 116 of the present Code, may be suspended, upon a petition of the respondent, for a period established by the court considering economic cases.

The ruling of the court considering economic cases on suspending the execution of a ruling on taking a measure on securing the claim, provided by indent nine of part one of Article 116 of the present Code, or on refusal to suspend it shall be adopted under the procedure provided by Article 119 of the present Code.

Upon satisfaction of the claim, the measure on securing it shall be effective till the actual execution of the court resolution.

Article 119. Cancellation of securing the claim

Securing the claim upon a petition of the person participating in the case may be cancelled by the court considering economic cases, which is considering the case. The issue of cancellation of securing the claim shall be resolved by the court considering economic cases within the time limit of not more than three days from the day of stating the petition.

Securing the claim being considered by an international arbitration court (court of arbitration), court of arbitration upon a petition of party of the arbitration (court-of-arbitration) proceedings may be cancelled by the court considering economic cases, which has issued the ruling on securing the claim.

On the results of consideration of the issue on cancellation of securing the claim, the court considering economic cases shall make rulings on cancellation of securing the claim or on refusal to cancel it.

When the court considering economic cases of adopts court resolutions on refusal of the claim, on termination of the proceedings on the case, or on leaving the claim without consideration, the adopted measures on securing the claim shall remain till the entry into legal force of these resolutions.

The court considering economic cases is entitled to issue a ruling, simultaneously with adoption of the court resolution or after its adoption, on cancellation of securing the claim.

Article 120. Article 120. Compensation of losses caused by securing the claim

The person in relation to which a ruling of the court considering economic cases on securing the claim has been adopted, is entitled, after the entry into legal force of court resolutions on refusal of the claim, on termination of the proceedings on the case, or on leaving the claim without consideration, to claim from the person, who has made an application on securing the claim, compensation of the losses caused to him by securing the claim.

CHAPTER 10
AMICABLE AGREEMENT

Article 121. Conclusion of an amicable agreement

The amicable agreement is an agreement of the parties on termination of the judicial dispute on the basis of mutual concessions.

An amicable agreement may be concluded by the parties at any stage of court proceedings in the court considering economic cases, and also when conciliation has been achieved under the procedure established by Chapter 17 of the present Code.

The courts considering economic cases shall take measures to settle the dispute and for conclusion by the parties of an amicable agreement.

An amicable agreement may be concluded on any case which results from civil legal relations, unless otherwise provided by the legislative acts.

An amicable agreement may not be directed against the rights and legitimate interests of other persons or contradict the legislation.

Article 122. Form and contents of amicable agreement

An amicable agreement shall be concluded by the parties in writing and signed by them or by their representatives.

A representative is entitled to conclude an amicable agreement when the power to do so is especially provided in the power of attorney.

An amicable agreement shall contain the data consented by the parties on the conditions, amount and terms of performance of obligations before each other, or by one party before the other, as well as consequences of its non-fulfillment voluntarily.

An amicable agreement may also contain the conditions of the following:

postponement or instalment plan of performance of obligations;

assignment of the right to claim;

recognition of the debt or reduction of its amount;

satisfaction of the demands in other ways which do not contradict the legislation.

An amicable agreement may envisage distribution of court expenses among the parties, who have concluded it. Should the amicable agreement lack such provision, the court considering economic cases shall resolve this issue under the procedure established by the present Code.

One copy of the amicable agreement shall be presented to the court considering economic cases and adducted to the materials of the case.

Article 123. Approval of the amicable agreement by the court considering economic cases

A statement on approval of an amicable agreement concluded by the parties shall be considered by the court considering economic cases, which is considering the case.

Upon the results of consideration of the statement on approval of the amicable agreement concluded by the parties, the court considering economic cases shall issue a ruling.

If the proceedings on the case are at the stage of execution of the judgment, the amicable agreement shall be submitted for approval to the court considering economic cases of first instance, which have adopted the court resolution, or at the place of execution of the judgment.

The amicable agreement which has arrived to the court considering economic cases prior to adoption of the court resolution which ends the consideration of the case shall be considered in the judicial session of the court appointed for consideration of the case, with notification of the parties.

The amicable agreement concluded at the stage of enforced execution proceedings, shall be considered not later than one month from the date of its arrival to the court considering economic cases. The parties of the amicable agreement shall be informed on the time and place of holding the judicial session. Non-appearance of the parties of the amicable agreement, properly informed on the time and place of holding the judicial session, shall not preclude the consideration of the issue of approval of the amicable agreement.

The operative part of the ruling (resolution) of the court considering economic cases on approval of the amicable agreement shall specify the following:

contents of the amicable agreement;

order of distribution of the court expenses;

procedure for collecting the state duty when the amicable agreement has not been executed voluntarily.

The ruling of the court considering economic cases on approval of the amicable agreement concluded at the stage of enforced execution proceedings shall indicate that the court resolution, on the basis of which the court order has been issued, is not subject to execution.

The amicable agreement enters into force from the day of its approval by the ruling (resolution) of the court considering economic cases.

Rulings (resolutions) of the court considering economic cases on approval of the amicable agreement or on refusal to approve it may be appealed against under the procedure established by the present Code.

Article 124. Execution of an amicable agreement

The amicable agreement shall be executed by the parties voluntarily.

In case the amicable agreement is not executed under the procedure and within the time limits defined therein, the court considering economic cases shall issue, upon a statement of the interested party, an execution document under the procedure established by Section IV of the present Code. The issue of issuance of the execution document is considered by the court considering economic cases without summoning the parties.

CHAPTER 11
COURT EXPENSES

Article 125. Composition of court expenses

Court expenses consist of the state duty and costs related to consideration of the case.

Article 126. Costs related to consideration of the case

The following refers to the costs related to consideration of the case:

sums of money payable to experts, specialists, witnesses and interpreters;

expenses on performing inspection of evidence in the location thereof;

expenses on payment of services of advocates and other persons rendering legal aid, incurred by the persons participating in the case in relation to the consideration of the case and recognized as necessary by the court considering economic cases;

other expenses recognized as necessary by the court considering economic cases.

Article 127. Payment of the state duty

The procedure for payment or collection, return and amount of the state duty on the statements of claim, other statements, complaints, petitions, being submitted to the court considering economic cases, as well as for issuance by the courts considering economic cases of copies of documents are established by the legislative acts.

When the amount of stated claims has been increased, the state duty shall be paid in accordance with the increase of the amount of the claim.

The statement on increasing the amount of stated claims shall be accompanied by the document confirming the payment of the state duty.

When the amount of the claim has been decreased, the paid state duty is not subject to return.

Article 128. Amount of the claim

The amount of the claim is determined:

on claims on collecting monetary means, based on the claimed sum;

on claims on coercion to fulfillment of contractual obligations having monetary assessment, based on the value of the obligation remaining non fulfilled;

on claims on recognition as not enforceable of an execution document or another document, on which collecting shall be made in the indisputable order, based on the disputed sum;

on claims on vindication of the property, based on the value of the property;

on claims on vindication of a land plot, based on the value of the land plot at the established price, and if this price is not available – at the market price.

The amount of the claim shall include sums of the penalty (fine, penalty interest) and the interest, specified in the statement of claim.

The amount of the claim consisting of several independent claims shall be determined by the sum of all claims.

In case of incorrect indication of the amount of the claim, it shall be determined by the court considering economic cases.

Article 129. [Excluded]

Article 130. [Excluded]

Article 131. Payment of sums of money due to experts, specialists, witnesses and interpreters

Experts, specialists, witnesses and interpreters shall be refunded their expenses on travel and accommodation, incurred by them in connection with appearance to the court considering economic cases; they are also paid their daily allowance (per diem).

Experts and specialists shall receive remuneration for the work executed by them on the commission of the court considering economic cases, unless executed work is part of their official duties.

Payment of the work of interpreters and compensation of the expenses incurred by them in connection with appearance to the court considering economic cases shall be made from the means of the republican budget.

Workers being summoned to the court considering economic cases as witnesses shall preserve their average wages in the place of their employment during their absence in connection with appearance at the court.

Witnesses who are not in labour relations shall receive compensation for deviation from their usual occupations based on the actually spent time and in accordance with the minimal wage established by the legislation, from the means placed in the corresponding account of the court considering economic cases.

The order of payment and amounts of the sums of money subject to payment to the persons specified in part one of the present Article are established by the legislation.

Sums of money due to experts, specialists and interpreters shall be paid after execution by them of their duties at the expense of means in the corresponding account of the court considering economic cases.

Article 132. Deposition by the parties of sums of money required to pay the expenses on the case

The sums of money subject to payment to experts, specialists and witnesses, and also the required expenses on the case shall be deposited in advance to the corresponding account of the court considering economic cases by the party that has moved a petition, or by a third person, who has declared independent claims. If the petition has been stated by both parties, or the summoning of specialists and witnesses, appointment of an expert examination, and other actions subject to payment are carried out on the initiative of the court considering economic cases, the necessary sums of money shall be deposited by the parties in equal shares to the corresponding account of the court considering economic cases, unless otherwise provided by the legislative acts.

Article 133. Distribution of the court expenses among the persons participating in the case

The court expenses are distributed between the plaintiff and the respondent proportionally to the amount of satisfied stated claims.

The state duty from, from payment of which the plaintiff has been exempted in the established order, shall be collected from the respondent proportionally to the amount of satisfied stated claims, unless the respondent has been exempted from payment thereof.

If the plaintiff abandons the claim, the respondent shall not compensate any court expenses incurred by the plaintiff. An abandonment of the claim in connection with voluntary satisfaction of stated claims by the respondent after submission of the claim shall not preclude collection from the respondent of the court expenses suffered by the plaintiff on demand of the latter.

In case of conclusion of an amicable agreement or agreement on conciliation, the court expenses on the case shall be covered under the agreement of the parties or in accordance with part one of the present Article.

Upon a refusal to satisfy the claim, the expenses incurred by the court considering economic cases in connection with consideration of the case and the state duty from payment of which the plaintiff has been exempted in the established order shall be collected from the plaintiff.

Procedural co-participants shall bear the court expenses on the case in equal shares, unless otherwise caused by the difference in the amount of their claims.

If the joint and several liability results from the nature of the disputable material relationship, the court considering economic cases shall collect the court expenses from the co-defendants jointly and severally.

Court expenses incurred in connection with procedural actions accomplished on demand of one procedural co-participant only in his interests, shall not be compensated by other procedural co-participants.

Upon agreement of the parties on distribution of the court expenses, the court considering economic cases is entitled to make its judgment in accordance with this agreement.

If the court considering economic cases, who is considering a complaint, changes the adopted court resolution or issues a new one, without delivering the case to a new consideration, it will accordingly change the distribution of the court expenses, or transfer the issue to consideration of the court considering economic cases of first instance.

Court expenses incurred by the parties in connection with consideration of complaints (appeal, cassation, or in exercise of supervision) shall be distributed among the plaintiff and the respondent according to the rules established by the present Article.

Article 1331. Allocation of court expenses to the person abusing his procedural rights and not fulfilling his procedural duties

The court considering economic cases is entitled to collect from the party regardless of the outcome of the case if:

The case has arisen as a result of violation by the party of the pre-trial procedure of settling disputes, established by the legislative acts for the given category of disputes or by a contract (leaving the pre-trial claim without response within the time limit provided by Annex 1 to the present Code, failure to send requested documents, refusal or evasion from holding negotiations);

evidence necessary for consideration of the case have been presented by the party with violation of the order of submission of evidence, established by the present Code, including with violation of the time limit for submission of evidence, established by the court considering economic cases.

The court considering economic cases is entitled to collect court expenses on the case, including expenses incurred by the persons participating in the case, upon their written statement, from the party who abused his procedural rights or did not fulfill his procedural duties if it lead to adjournment of the court proceedings, preclusion of the consideration of the case and adoption of a substantiated court resolution.

CHAPTER 12
PROCEDURAL TIME LIMITS

Article 134. Establishment and calculation of procedural time limits

Procedural actions shall be performed within the limits established by the present Code and other legislative acts. In cases when the procedural time limits have not been established, they shall be fixed by the court considering economic cases.

The terms for fulfillment of procedural actions are determined by a time period during which a procedural action shall be accomplished or by an exact calendar date or by indication to an event which will necessarily occur.

The procedural time limits are counted in years, months and days. The time limits counted in days do not include nonworking days.

Article 135. Beginning and end of procedural time limits

A procedural time limit determined by a period of time begins on the next day after the calendar date or occurrence of the event, by which its beginning has been determined.

A procedural time limit determined by an exact calendar date or the indication to an event, which will necessarily occur, expires on the day of occurrence, accordingly, of the date or the event.

The date of the expiration of a procedural time limit determined by a period of time shall be the date which ends the period during which the procedural action must be accomplished.

A procedural time limit computed in years expires in a respective month and date of the last year of the established time limit.

A procedural time limit computed in months on the corresponding day of the last month of the established time limit.

If the end a procedural time limit computed in months falls on the month which has not the corresponding day, the time limit expires on the last day of this month.

If the last day of a procedural time-limit is a non-working day, the next working day shall be deemed the day of the expiration of the time-limit.

A procedural action may be accomplished till twenty four hours of the last day of the established time limit. If the statement of claim (statement, complaint), other documents or sums of money have been handed over to the body of communication before twenty four hours of the last day of the procedural time limit, the time limit deemed to be not missed.

If a procedural action shall be accomplished at the court considering economic cases or another organization, the time limits expires on the last day of the time limit at the hour when the working hours of the court considering economic cases or other organization according come to the end or corresponding operations are terminated.

Article 136. Consequences of missing procedural time limits

The right to fulfillment of procedural actions expires upon expiration of the procedural time limit established by the present Code and other legislative acts, or fixed by the court considering economic cases.

The expiration of a procedural time limit does not exempt from execution of the procedural duty.

Statements, complaints and other documents submitted upon the expiration of a procedural time limit, unless a petition has been stated on restoration or prolongation of the missed procedural time limit, shall not be considered by the court considering economic cases, and shall be returned to the person who has submitted them.

The present Code and other legislative acts may establish other consequences of missing procedural time limits.

Article 137. Suspension of procedural time limits

Upon suspension of the proceedings on the case, the running of all non-expired procedural time limits shall be suspended.

From the date of renewal of the proceedings on the case, the running of procedural time limits shall continue.

Article 138. Restoration of missed procedural time limits

Upon a petition of the person participating in the case, the court considering economic cases shall restore the missed procedural time limit established by the present Code and other legislative acts, if it recognizes the reasons of missing thereof to be valid.

The issue of restoration of the missed procedural time limit shall be resolved by the court considering economic cases, which is considering the case, unless otherwise provided by the present Code.

The restoration of the missed procedural time limit shall be specified in the court resolution which may be appealed against under the procedure established by the present Code.

The court considering economic cases shall make a ruling on the refusal to restore the missed procedural time limit, which may be appealed against under the procedure established by the present Code.

Article 139. Extension of procedural time limits

Procedural time limits fixed by the court considering economic cases may be extended upon statement of the person participating in the case, according to the rules established by Article 138 of the present Code.

The court considering economic cases shall make a ruling on the refusal to extend the procedural time limit fixed by the court considering economic cases, which may be appealed against under the procedure established by the present Code.

CHAPTER 13
JUDICIAL CORRESPONDENCE

Article 140. Judicial notifications of the court considering economic cases

Notification of the persons participating in the case on the time and place of holding the judicial session or performance of procedural actions, and also summoning to the court considering economic cases of witnesses, experts, specialists and interpreters shall be carried out by means of rulings and judicial notifications.

The court considering economic cases is entitled to notify the participants of the economic proceedings by means of a telephone message, telegram, facsimile communication, the global computer network Internet, including electronic mail, and also with the use of other communication means, which ensure fixation of the fact of notification or summoning, under the procedure established by the legislation.

A judicial notification shall be sent by the court considering economic cases to the address, specified by the person participating in the case or to the location of the organization (branch, representative office of the legal person, if the claim has arisen from their activities), or to the residence of the individual entrepreneur, or citizen.

If the individual entrepreneur or citizen, being notified or summoned, actually do not reside at the address specified by the person participating in the case, the judicial notification may be directed to the place of their work.

The judicial notification shall be served in such a way that the participants of economic proceedings have the necessary time to get prepared for the case and timely appearance at the court considering economic cases.

Article 141. Contents of the judicial notifications of the court considering economic cases

Judicial notifications of the court considering economic cases shall specify:

name of the court considering economic cases and its address;

time and place of appearance;

name of the case, on which the summoning is being made;

person being summoned to the court considering economic cases, his address, and in what capacity this person is summoned;

if necessary, other significant data;

consequences of a failure to appear.

Simultaneously with the judicial notification, the judge shall direct to the respondent a copy of the statement of claim, and, if necessary – copies of the documents enclosed to the statement.

Article 142. Proper notification

The persons participating in the case and other participants of the economic proceedings shall be deemed to be properly informed, if by the beginning of the judicial session or fulfillment of a particular procedural action, the court considering economic cases possesses the information about receipt by the addressee of the copy of the court resolution or judicial notification directed to him.

The persons participating in the case and other participants of the economic proceedings shall also be deemed to be properly informed, if:

the addressee has refused to receive a copy of the court resolution, and such refusal has been fixed by documents;

the addressee has not appeared to receive a copy of the court resolution directed to him by the court considering economic cases in the established order, on which fact a message of the communication body is available;

a copy of the court resolution directed by the court considering economic cases to the location of the legal person, organization, which is not a legal person, to the residence of an individual entrepreneur or citizen, last known to the court considering economic cases, has not been served due to the absence of the addressee at the specified address, on which fact there is a message of the communication body.

Article 143. Change of address during the proceedings on the case

The persons participating in the case are obliged to inform the court considering economic cases on a change of their address during the proceedings of the case. In the absence of such message, the procedural documents shall be sent to the last address known to the court considering economic cases and shall be considered served, even if the addressee does not reside any longer (is absent) at this address.

Article 144. Article 144. Search of individual entrepreneur or citizen through bodies of internal affairs

In the absence of the data on the place of stay of an individual entrepreneur or citizen, to whom the claims have been submitted with the aim to defend the state and public interests, the court considering economic cases is obliged to announce the search thereof through the bodies of bodies of internal affairs.

In the absence of the data on the place of stay of an individual entrepreneur or citizen, participating in other cases, the court considering economic cases is entitled to announce, upon the petition of the interested person, their search through the bodies of internal affairs.

Recovery of expenses on the search shall be made according to the statement of the body of internal affairs from the plaintiff and/or respondent in accordance with part one of Article 133 of the present Code.

CHAPTER 14
SUSPENSION OF PROCEEDINGS ON THE CASE

Article 145. Duty of the court considering economic cases to suspend the proceedings on the case

The court considering economic cases is obliged to suspend the proceedings on the case in the following cases:

impossibility to consider the case prior to making a judgment on another case or on an issue considered by way of the constitutional, civil, economic, criminal or administrative legal proceedings, or by another competent body;

stay of the respondent-individual entrepreneur or citizen in a unit of the Armed Forces, other troops or military formations of the Republic of Belarus, participating in combat operations, or stating a respective petition by the plaintiff who stays in a unit of the Armed Forces, other troops or military formations of the Republic of Belarus, participating in combat operations;

loss by an individual entrepreneur or citizen, being a party on the case, of the active legal capacity;

in other instances provided for by the legislative acts.

Article 146. Right of the court considering economic cases to suspend the proceedings on the case

The court considering economic cases is entitled to suspend the proceedings on the case in the following cases:

appointment of an expert examination by the court considering economic cases;

reorganization of legal persons and/or organizations not being legal persons, being the persons participating in the case;

withdrawal of a party from the case;

attraction of the individual entrepreneur or citizen, who are the persons participating in the case, for execution of a state duty;

receipt by the court considering economic cases of a petition of the individual entrepreneur or citizen, who are the persons participating in the case, serving in the Armed Forces, other troops or military formations of the Republic of Belarus at compulsory military service, passing the alternative service;

stay of the individual entrepreneur or citizen, being the persons participating in the case, in a long-term official business trip or at a medical institution;

consideration by the court of a foreign country or international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body of another case, the judgment on which can have significance for consideration of this case;

resort of the court considering economic cases with an inquiry to competent bodies and/or organizations;

direction of the materials to the bodies of investigation;

appointment of the conciliator for holding the conciliation procedure;

in other instances provided for by the legislative acts.

Article 147. Renewal of the proceedings on the case

The court considering economic cases shall renew the proceedings on the case upon a statement of the persons participating in the case or on its own initiative after elimination of the circumstances which have caused its suspension, or before elimination thereof upon a statement of the person on the basis of whose petition the proceedings of the case have been suspended.

Article 148. Order of suspension and renewal of the proceedings on the case

The court considering economic cases shall issue rulings on suspension of the proceedings on the case, on the renewal thereof or on refusal to renew it.

Rulings of the court considering economic cases on suspension of the proceedings on the case or on refusal to renew it may be appealed against under the procedure established by the present Code.

CHAPTER 15
TERMINATION OF THE PROCEEDINGS ON THE CASE

Article 149. Grounds for termination of the proceedings on the case

The court considering economic cases shall terminate the proceedings on the case, if:

the dispute is not subject to consideration at the court considering economic cases;

there are resolutions of a court considering economic cases, or another court of general jurisdiction, a judgment of a foreign court or a foreign arbitral award, adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the instances, when the court considering economic cases has refused the recognition and enforcement of the judgment of the foreign court, foreign arbitral award;

there is an award of an international arbitration court (court of arbitration), court of arbitration, international arbitration (referees) court, other permanent arbitration body, located in the territory of the Republic of Belarus, adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the cases, when the court considering economic cases has refused to issue the court order on enforcement of this award;

the plaintiff has refused the claim, and the refusal has been accepted by the court considering economic cases;

the legal person or organization not being a legal person, which is a party on the case, has been liquidated;

a disputed legal relationship, after the death of the individual entrepreneur or citizen being a party on the case, does not allow legal succession;

an amicable agreement has been concluded, and it has been approved by the court considering economic cases;

the parties have concluded the agreement on conciliation under the procedure established by Chapter 17 of the present Code.

Article 150. Order and consequences of termination of the proceedings on the case

The court considering economic cases shall issue a ruling on termination of the proceedings on the case, which shall specify the grounds for its termination and resolve issues concerning distribution of the court expenses among the parties and return of the state duty in the instances provided by the legislation.

Copies of the ruling of the court considering economic cases on termination of the proceedings on the case shall be sent to the persons participating in the case.

The ruling of the court considering economic cases on termination of the proceedings of the case may be appealed against under the procedure established by the present Code.

In case of termination of the proceedings on the case, a secondary resort to the court considering economic cases on the dispute between the same persons, on the same subject matter, and on the same grounds is allowed.

CHAPTER 16
LEAVING a STATEMENT OF CLAIM (STATEMENT, COMPLAINT) WITHOUT CONSIDERATION

Article 151. Grounds for leaving a statement of claim (statement, complaint) without consideration

The court considering economic cases shall leave a statement of claim (statement, complaint) without consideration if after its acceptance for considerations is has established that:

in proceedings of the court considering economic cases or another court of general jurisdiction, an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, there is a case on the dispute between the same persons, on the same subject matter, and on the same grounds;

there is an agreement of the parties on transferring the dispute to consideration of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, and a possibility of resort to the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body was not lost, and also if the respondent who is objecting against consideration of the case at the court considering economic cases moves a petition, not later than upon first statement on the essence of the dispute for transfer of the dispute to consideration of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body;

the statement of claim (statement, complaint) is not signed or signed by the person, who has not been authorized to sign it, or by the person whose official position was not specified;

the plaintiff has failed to observe the pre-trial order of settling the dispute with the respondent, if it has been established by the legislative acts for the given category of disputes, or by a contract;

the plaintiff (claimant) being duly notified about the time and place of court proceedings, have failed to appear, without valid excuse, at the judicial session, without having stated for consideration of the case without his participation, with the exception of the instances, when the claim has been submitted by the public prosecutor, a state body or another body with the aim to defend the state and public interests, and the respondent does not demand the consideration of the case on its merits;

a demand has been stated which, in accordance with a legislative act, must be considered in a case about economic insolvency (bankruptcy);

at consideration of a statement on establishing the facts, which have legal meaning (juridical facts), it has been found out that the dispute about a right has arisen;

at consideration of a statement on refusal or evasion from state registration, it has been found out that a dispute about a right has arisen;

at consideration of a complaint on notary actions or refusal to execute such, it has been found out that a dispute about a right has arisen;

at consideration of a statement for refusal to issue (extend the validity period) a special a special permit (license), it has been found out that a dispute about a right has arisen;

at consideration of a claim (statement) submitted by the public prosecutor, state body, body of local government and self-government, another body with the aim to defend the interests of the persons specified in part one of Article 6 of the present Code, it has been found out that the request or consent of these persons is missing;

the plaintiff has submitted a statement to return the claim, and the respondent does not demand a consideration of the case on its merits;

the claimant has submitted a statement about returning the claim (complaint);

the statement of claim (statement, complaint) has been submitted by a person not having active legal capacity;

the claimant has not submitted documents confirming the additional payment of the state duty in the amount established by the legislative acts in the event when the parties have not reached conciliation in the conciliation procedure;

the parties have expressed their intention to settle the dispute in accordance with an agreement on the implementation of mediation.

Article 152. Order and consequences of leaving a statement of claim (statement, complaint) without consideration

The court considering economic cases shall make a ruling on leaving the statement of claim (statement, complaint) without consideration, which shall specify the grounds for leaving it without consideration, and also resolve the issue concerning the return of the state duty in the instances provided by the legislative acts.

Copies of the ruling of the court considering economic cases on leaving the statement of claim (statement, complaint) without consideration shall be sent to the persons participating in the case.

The ruling of the court considering economic cases on leaving the statement of claim (statement, complaint) without consideration may be appealed against under the procedure established by the present Code.

The fact of leaving the statement of claim (statement, complaint) without consideration does not deprive the plaintiff (claimant) of the right to submit again, after elimination of the circumstances which have served the grounds for leaving it without consideration, to the court considering economic cases a statement of claim (statement, complaint) under the procedure established by the present Code.

CHAPTER 17
CONCILIATION PROCEDURE IN LEGAL PROCEEDINGS

Article 153. Purposes and Goals of Conciliation Procedure

Conciliation procedure is held with a purpose of settlement of the dispute within short time through conciliation of the parties and prevention of contractual obligations breaching.

The goals of the conciliation procedure are:

providing the parties with a possibility to regulate independently of a dispute which has arisen between them through recognition and mutual satisfaction of legal interests and demands and attainment of an agreement on conciliation;

Facilitating the parties in finding mutually acceptable conditions of dispute settlement and in preserving partner-like business relations between them.

Article 154. Principles of the conciliation procedure

The main principle of conciliation procedure are:

voluntary nature;

equality of rights of the parties;

cooperation of the parties;

conscientiousness (bona fide) of the parties;

independence of the conciliator;

impartiality (neutrality) of the conciliator;

confidentiality.

Article 155. Powers of the conciliator

The Conciliator is entitled to:

verify the powers of representatives of the parties to participate in the conciliation procedure and to conclude an agreement on conciliation;

familiarise himself with materials of the case;

examine documents submitted by the parties;

propose to the parties to submit additional documents;

seek necessary consultation of the specialists;

assist the parties with consecutive exchange of documents, data and information about issues under discussion;

make recommendations to the parties on quickest possible regulation of pending issues and preservation of business relations between them;

hold individual negotiations with each of the parties;

initiate termination of the conciliation procedure.

The conciliator is not entitled to:

execute any procedural actions;

make conclusions concerning the prospect of dispute settlement at the judicial session;

violate principles of the conciliation procedure.

Article 1551. Rights and duties of the parties

The parties have the right:

to select a conciliator;

to refuse the conciliation procedure appointed by the court considering economic cases, within seven days from the moment of issue of the ruling on appointment of the conciliator, and also to refuse, at any stage of negotiations, to hold the procedure further by lodging a written statement;

to make proposal about the order of holding the conciliation procedure;

to attract, upon an agreement with the other party and conciliator, other persons (third persons, specialists, experts) for participation in the conciliation procedure if it is necessary for settlement of the dispute;

to present proves, information, necessary for clarification of the position and settlement of the dispute, to the other party;

to ask clarifying questions to the other party and conciliator;

to participate in holding an individual talk with the conciliator;

to make proposal for settlement of the dispute;

to conclude agreements concerning actual circumstances of the case;

to work out terms and conditions of an agreement on conciliation;

to petition the court considering economic cases for extending the time limit for the conciliation procedure in case of its expiration.

The parties are obliged:

to observe principles of the conciliation procedure;

to present documents confirming its powers to participate in the conciliation procedure and to conclude an agreement on conciliation to the conciliator;

to appear upon a summons of the conciliator for participation in the conciliation procedure;

to observe the order agreed with the other party and the conciliator concerning the holding the conciliation procedure;

to exercise the agreement on conciliation on a voluntary basis;

not to disclose information received in the course of the conciliation procedure with the consent of the other party.

Article 156. Procedure for appointment of the conciliator

The conciliator may be appointed in the court considering economic cases of first, appellate, cassation instance on the petition of one or both parties or on the initiative of the court considering economic cases.

The conciliator is appointed from among the persons holding state-service position in the court considering economic cases or from among mediators, other persons engaged on a contractual basis, which have qualifications corresponding to the essence of the conflict occurred. The list of other persons and conditions for their engagement is established by the Plenum of the Supreme Court of the Republic of Belarus.

The court considering economic cases shall issue a ruling on appointment of the conciliator for holding the conciliation procedure. The issue concerning the appointment of the conciliator is resolved by the court considering economic cases without notification of the parties about the time and place of holding the judicial session.

When the conciliator is appointed on the initiative of the court considering economic cases, the parties are entitled to present objections within seven days from the moment of making the ruling. Upon objections of one of the parties, the court considering economic cases shall make a ruling on cancellation of the ruling about appointment of the conciliator to hold a conciliation procedure. The further proceedings of the case shall be carried out under the procedure established by the present Code.

The conciliator may not participate in holding the conciliation procedure upon availability of grounds provided by part one of Article 34 of the present Code and is obliged to declare it to the court considering economic cases. The court considering economic cases shall, upon an application of a party or the conciliator, to make a ruling about appointment of a new conciliator or about the termination of the conciliation procedure not later than three days from the moment of receipt of the application of a party or the conciliator.

Article 1561. Time limits of the conciliation procedure

The time limit of conciliation procedure shall not exceed one month, and in the court considering economic cases of appellate and cassation instance – the terms established respectively by Articles 278 and 295 of the present Code.

Article 157. Results of the conciliation procedure

The conciliation procedure shall be terminated upon:

attainment of conciliation and conclusion of an agreement on conciliation;

non-attainment of conciliation on the application of one or both parties or on notification of the conciliator;

expiration of the time limit for the conciliation procedure.

Upon achievement of conciliation on all or separate requirements, the parties shall conclude an agreement on conciliation in which they fix agreed positions of the parties, based on the conditions envisioned by parts one-three of Article 63, Article 122 of the present Code.

An agreement of conciliation may contain the indication that the parties will conclude a new contract which may be attached to this agreement. Protection of the violated right under the new contract in case of its non-fulfilment voluntarily shall be made in the order established by the present Code.

An agreement on conciliation shall be signed by the representatives of the parties and approved by a ruling of the court considering economic cases.

Approval and execution of an agreement on conciliation shall be performed by the court considering economic cases in the order established by the present Code for approval and execution of an amicable agreement.

Article 158. Proceedings on the case on which conciliation has not been attained in conciliation procedure

Proceedings of the case on which conciliation has not been attained in conciliation procedure in whole or in part shall be carried out in the order established by the present Code.

SECTION II
PROCEEDINGS IN COURT CONSIDERING ECONOMIC CASES OF FIRST INSTANCE

CHAPTER 18
SUBMISSION OF CLAIM

Article 159. Form and contents of statement of claim

A statement of claim shall be submitted to the court considering economic cases in writing, and must be signed by the plaintiff or his representative.

The statement of claim shall specify:

name of the court considering economic cases, to which the statement of claim is being submitted;

surnames, own names, patronymics (names) of persons participating in the case, their place of residence (stay) or location, bank details, contact telephones, faxes and email addresses (if available);

amount of the claim, if the claim is subject to assessment;

circumstances on which the stated claims are based;

evidence which confirms the grounds of the stated claims;

calculation of the sum of money being recovered or disputed;

demands of the plaintiff with reference to the acts of legislation, and at submission of claims to several respondents – the demands to each of them;

data on the observance of the pre-trial order of settling the dispute, if it has been established by legislative acts for the given category of disputes, or by the contract;

list of documents attached to the statement of claim.

In the event when simultaneously with the statement of claim a petition agreed by the parties on appointment of the conciliator to hold conciliation procedure is being submitted, the statement of claim could not indicate evidence confirming the grounds of the stated claims.

The statement of claim may contain statements on securing the claim; on fulfillment by the court considering economic cases of the actions required to prepare the case to proceedings; petition for appointment of a conciliator; other data necessary for correct resolution of the dispute.

The statement of claim of the public prosecutor, state bodies, bodies of local government and self-government, other bodies, who have applied to the court considering economic cases in the instances provided by the legislative acts, with the aim to defend the state or public interests, the interests of legal persons, individual entrepreneurs and other persons, shall contain a justification of what the state or public interest consist in; the indication of what right has been breached; and a reference to the acts of legislation. In case of applying to the court considering economic cases with the aim to defend the interests of other persons, who have no share of state ownership, the statement of claim shall be accompanied by a written application confirming their consent to submission of such claim.

Article 160. Documents to be attached to statement of claim (statement)

The statement of claim shall be accompanied by copies of the statement of claim in the number of copies equal to the number of respondents, and also the documents confirming the following:

payment of the state duty in the established order and amount;

observance of the pre-trial order of settling the dispute with the respondent, if it has been established by the legislative acts for the given category of disputes or by the contract;

circumstances on which the stated claims are based;

state registration as a legal person or an individual entrepreneur, and for the plaintiffs located outside the Republic of Belarus, – the documents confirming their legal status;

powers of the person who has signed the statement of claim to sign it.

In the instance provided by part three of Article 159 of the present Code, the statement of claim needs not be accompanied by documents confirming the circumstances on which the stated claims are based.

The statement of claim on coercion to conclude or change a contract shall be accompanied by a draft contract.

The statement on contesting a non-normative legal act shall be accompanied by its text.

Article 161. Acceptance of the statement of claim and initiation of proceedings on the case

The issue on acceptance of the statement of claim by the court considering economic cases and initiation of the proceedings on the case shall be resolved by a single judge of the court considering economic cases.

The court considering economic cases is obliged to accept to proceedings the statement of claim submitted with the observance of the requirements provided by the present Code.

The court considering economic cases shall issue a ruling on acceptance of the statement of claim and initiation of the proceedings on the case.

The ruling of the court considering economic cases on acceptance of the statement of claim and initiation of the proceedings on the case shall be sent to the persons participating in the case not later than five days from the day of receipt of the statement of claim by the court considering economic cases.

Article 162. Leaving the statement of claim without progress

The judge shall leave the statement of claim without progress:

if at consideration of the issue on acceptance of the statement of claim to proceedings it is established that it has been submitted in violation of the requirements established by Articles 159 and 160 of the present Codes;

in case of payment of the state duty in a smaller amount than it is established by the legislation, – till its additional payment by the plaintiff.

The judge shall make a ruling on leaving the statement of claim without progress, which shall specify the reasons of leaving the statement of claim without progress, and the time limit (not more than fifteen days) during which the plaintiff shall eliminate these reasons.

The ruling of the court considering economic cases on leaving the statement of claim without progress shall be sent to the plaintiff not later than five days from the date of receipt of the statement of claim by the court considering economic cases.

In case the reasons which have served as the basis for leaving the statement of claim without progress are eliminated within the time limit established in the ruling of the court considering economic cases, the statement shall be deemed to be submitted on the day of its initial receipt by the court and shall be accepted to proceedings by the court considering economic cases.

At non-elimination by the plaintiff of the reasons which have served as the basis for leaving the statement of claim without progress, within the time limit specified in the ruling, the court considering economic cases shall return the statement of claim and the documents attached thereto under the procedure established by Article 163 of the present Code.

Article 163. Return of the statement of claim

The court considering economic cases shall return the statement of claim and the documents attached thereto back to the plaintiff if:

the ruling of the court considering economic cases on leaving the statement of claim without progress within the time limit established by the court has not been executed;

the case is beyond the competence of this court considering economic cases;

in proceedings of the court considering economic cases or another court of general jurisdiction, an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, there is a case on the dispute between the same persons, on the same subject matter, and on the same grounds;

one statement of claim combines several demands to one or several respondents, when these demands are not connected with each other;

no evidence has been submitted of addressing to the bank and/or non-bank credit and financial organization to collect the indebtedness from the respondent, when according to the legislative act, another normative legal act or a contract, the indebtedness must be collected through the bank and/or non-bank credit and financial organization;

prior to adoption by the court considering economic cases of a ruling on acceptance of the statement of claim and initiation of the proceedings on the case, an statement from the plaintiff has be received on returning of the statement of claim;

demands have been stated, which in accordance with the legislation must be considered in a case on economic insolvency (bankruptcy).

The court considering economic cases shall issue a ruling on the return of the statement of claim, which shall specify the violations of the requirements of the present Code made in the statement of claim and in the documents attached thereto, and shall resolve the issue on return of the state duty from the state budget.

The ruling of the court considering economic cases on returning the statement of claim shall be sent, together with the statement of claim and the documents attached thereto, to the plaintiff not later than five days from the date of receipt of the statement of claim by the court considering economic cases.

The ruling of the court considering economic cases on returning the statement of claim may be appealed against under the procedure established by the present Code.

In the event of cancellation of the ruling of the court considering economic cases on returning the statement of claim, such a statement shall be deemed to be submitted on the day of its initial receipt by the court considering economic cases.

The return of the statement of claim does not deprive the plaintiff of the right to submit again, after elimination of the violations which have served as the basis for its return, a statement of claim to the court considering economic cases under the procedure established by the present Code.

On the grounds provided by the present Article, the court considering economic cases shall also return other statements and complaints submitted to the court considering economic cases of first instance, unless otherwise provided by the present Code.

Article 164. Refusal to accept the statement of claim

The court considering economic cases shall refuse to accept the statement of claim if:

the dispute is not subject to consideration at the court considering economic cases;

there are resolutions of a court considering economic cases, or another court of general jurisdiction, a judgment of a foreign court or a foreign arbitral award, adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the instances, when the court considering economic cases has refused the recognition and enforcement of the judgment of the foreign court, foreign arbitral award;

there is an award, which entered into a legal force, of an international arbitration court (court of arbitration), court of arbitration, international arbitration (referees) court, other permanent arbitration body, located in the territory of the Republic of Belarus, adopted on a dispute between the same persons, on the same subject matter, and on the same grounds.

The court considering economic cases shall refuse to accept the statement of claim also in other cases provided by the legislative acts.

The court considering economic cases shall issue a ruling on the refusal to accept the statement of claim, which shall specify the basis for refusal to accept it and shall resolve the issue on return of the state duty from the state budget.

The ruling of the court considering economic cases on the refusal to accept the statement of claim shall be sent, together with the statement of claim and the documents attached thereto, to the plaintiff not later than five days from the date of receipt of the statement of claim by the court considering economic cases.

The ruling of the court considering economic cases on refusal to accept the statement of claim may be appealed against under the procedure established by the present Code.

In the event of cancellation of the ruling of the court considering economic cases on refusal to accept the statement of claim, such a statement shall be deemed to be submitted on the day of its initial receipt by the court considering economic cases.

A refusal to accept the statement of claim deprives the plaintiff of the right to submit again a statement of claim to the court considering economic cases towards the same respondent, on the same subject matter, and on the same grounds.

On the grounds provided by the present Article, the court considering economic cases shall also refuse to accept other statements and complaints being submitted to the court considering economic cases of first instance, unless otherwise provided by the present Code.

Article 165. Joinder and separation of several stated claims

The plaintiff is entitled to join several claims in one statement of claim, if they are linked with each other on the bases of arising or by submitted evidence.

The court considering economic cases is entitled to join into one case several homogeneous cases in which the same persons are participating.

The court considering economic cases is entitled to sever one or several interconnected claims into a separate case (cases), should it be impossible to consider these claims in the same proceedings.

The court considering economic cases is entitled to join cases and sever claims into a separate case (cases) prior to adoption of the court resolution, which ends the consideration of the case at the court considering economic cases of first instance.

The court considering economic cases shall make rulings on joining cases and on severing of one or several interconnected claims into a separate case (cases), which shall be sent to the persons participating in the case within the time limits established by the present Code.

Article 166. Response to the statement of claim

The respondent shall present, and other persons participating in the case are entitled to present to the court considering economic cases the response to the statement of claim with attachment of the documents confirming their objections to the claims, and also the fact of sending to other persons participating in the case of copies of the response and the documents attached thereto, which they do not have at disposal.

The response to the statement of claim shall be sent in such a way as to be received by the court by the day of holding conciliation procedure if it is held or by the day of consideration of the case.

The response to the statement of claim shall specify:

name of the court considering economic cases, to which the response is being sent;

surname, own name, patronymic (name) of the plaintiff and the number of the case;

surname, own name, patronymic (names of the person who has directed the response, his place of residence (the place of stay) or the location, bank details, contact telephone numbers, faxes and email addresses (if available);

in event of rejection of the stated claims – the motives of a complete or partial rejection of the claims of the plaintiff with reference to legislative and other normative legal acts, and also to the evidence justifying the objections;

list of attached documents.

The response may also specify other data and petitions which the respondent has.

In the event of recognition of the stated claims and transfer of the sum being recovered, the response to the statement of claim shall also be accompanied by the document confirming the payment thereof.

The response shall be signed by the person, who has presented it. The response signed by the representative shall be accompanied by the document confirming the powers of the representative to sign the response.

Article 167. Submission of counterclaim

The respondent is entitled, prior to adoption by the court considering economic cases of first instance of the court resolution which ends the consideration of the case, to submit a counterclaim towards the plaintiff to be considered together with the initial claim.

The counterclaim shall be accepted by the court considering economic cases if:

the counterclaim aim is to offset the initial claim;

satisfaction of the counterclaim excludes in whole or in part, satisfaction of the initial claim;

there is an interconnection between the counterclaim and the initial claim, and a joint consideration of them will result in correct and faster resolution of the dispute.

Submission of the counterclaim shall be made under the rules of submission of a claim with regard to the peculiarities established by the present Article.

The court considering economic cases shall make rulings on acceptance of a counterclaim or on refusal to accept a counterclaim, which shall be sent to the persons participating in the case within the time limits established by the present Code.

The ruling of the court considering economic cases on refusal to accept a counterclaim may be appealed against under the procedure established by the present Code.

CHAPTER 19
PREPARATION OF THE CASE FOR PROCEEDINGS

Article 168. Tasks of preparation of the case for court proceedings

The tasks of the court considering economic cases when preparing the case for court proceedings are:

establishment of the contents of legal relationships of the parties and determining the legislation by which it shall be guided by at court proceedings;

determining the circumstances important for correct consideration and resolution of the case;

solving the issue concerning the composition of the persons participating in the case and other participants of the economic proceedings;

ensuring presentation of the necessary evidence by the persons participating in the case.

Article 169. Time limit for preparation of the case for court proceedings

The preparation of the case for court proceedings, unless otherwise provided by the present Code, shall be completed by holding a preparatory judicial session not later than fifteen days from the date of receipt of the statement by the court considering economic cases, with the exception of cases of leaving the statement of claim without progress, or from the day of adoption of the ruling of the court considering economic cases on termination of conciliation procedure.

Article 170. Actions of the court considering economic cases at preparation of the case for court proceedings

After accepting the statement of claim for proceedings, the court considering economic cases of first instance shall perform the preparation of the case for court proceedings in the order established by the present Code about which it shall issue a respective ruling.

A preparatory judicial session shall be appointed not later than fifteen days from the date of receipt of the statement of claim by the court considering economic cases, unless a conciliation procedure has been held on the case.

In the event if one of the parties on a case with participation of foreign persons is located outside the Republic of Belarus, a preparatory judicial session may be appointed not earlier than one month from the date of receipt of the statement of claim by the court considering economic cases, and if for the consideration of such a case the translation of documents in a foreign language or in one of state languages of the Republic of Belarus is required – not earlier than six months, unless otherwise established by the legislative acts and treaties of the Republic of Belarus.

Concerning the consideration of cases with participation of foreign persons is located outside the Republic of Belarus it is possible to specify the date of the court proceedings in the ruling on appointment of a preparatory judicial session. In this instance the ruling of the court considering economic cases shall specify that in the event of absence of the notification about delivery of documents to the party on the case from a foreign court or a competent body of a foreign state by the day of preparatory judicial session, the court proceedings shall be held on another day determined by the court considering economic cases.

At preparation of the case for court proceedings, the judge of the court considering economic cases shall carry out the following actions with account of the circumstances of the case:

holds an interview with both parties, interrogates the parties on the essence of the claims and objections submitted by them;

examines relevance and admissibility of submitted evidence, suggests, if necessary, to submit additional evidences;

explains to the parties their right to resort to an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, mediator, or to conclude an amicable agreement, and also the legal consequences of carrying out such actions;

explains to the parties that in accordance with Article 173 of the present Code, the court considering economic cases has the right to switch to consideration of the case on the merits after termination the preparatory judicial session;

resolves the issue concerning the appointment of the conciliator for holding conciliation procedure;

resolves the issue on appointing an expert examination, on attracting to participation in the proceedings of a competent state body, body of local government and self-government;

requests written responses, explanations from the persons participating in the case, testimonies of witnesses, consultations of specialists, opinions of experts, state bodies, bodies of local government and self-government;

resolves the issues on summoning to the judicial session experts, specialists, witnesses, representatives of state bodies, bodies of local government and self-government, and on participation of the interpreter in the proceedings;

requests, on a petition of the parties, from the persons participating in the case, other organizations and citizens of the evidence that they have, necessary to resolution of the dispute or consideration of the case;

holds inspection and examination of written and material evidence in the location thereof ;

sends court commissions;

resolves the issue on securing the claim;

resolves the issue on holding a visiting judicial session;

resolves issues on attraction of another respondent or third persons to participation in the case, on joinder or separation of the stated claims, on acceptance of the counterclaim;

explains to the parties their right to petition on consideration of the case by a collegiate composition of the court considering economic cases;

performs other procedural actions directed at ensuring a correct and timely resolution of the dispute or consideration of the case.

Issues on holding a visiting session, on attraction of another respondent or third persons to participation in the case, on joinder or division of stated claims, on acceptance of the counterclaim, on application of videoconferencing systems videoconferencing systems shall be resolved in a ruling of the court considering economic cases on appointment of the case to court proceedings, which shall be issued at the preparatory judicial session.

Article 171. Preparatory judicial session

At the preparatory judicial session, the case shall be considered by the court considering economic cases with notification of the parties and other interested persons on the time and place of its holding. Non-appearance at the preparatory judicial session of the parties and other persons who can be attracted for participation in the case, properly notified, shall not preclude the holding thereof.

At the preparatory judicial session, the court considering economic cases shall:

take measures to reconcile the parties and conclude an amicable agreement;

decide on petitions;

determine the sufficiency of submitted evidences. At insufficiency of submitted evidence, the court shall establish what documents and evidence in addition to those that the parties have presented shall be presented by the parties to the court considering economic cases of first instance for substantiation of their demands and objections;

consider other issues and make other procedural actions directed at a correct and timely resolution of the dispute or consideration of the case.

Article 172. Rights and duties of the parties at the preparatory judicial session

At the preparatory judicial session, the parties are entitled to present evidence, submit petitions, and state their reasons on all the issues arising at the session.

At the preparatory judicial session, the parties are obliged to substantiate their positions in relation to the subject matter and the grounds of the claim, to explain to the court considering economic cases on their intention to confirm all submitted evidence, to present, upon a proposal of the court considering economic cases, additional evidence, to substantiate their demands and objections by references to the legislative and other normative legal acts.

Article 173. Termination of preparation of the case for court proceedings

After the termination of consideration of the issues brought to the preparatory judicial session, the court considering economic cases shall find out from the parties and third persons admitted for participation in the case their opinion on the readiness of the case to court proceedings.

With regard to the opinions of the persons participating in the case, the court considering economic cases is entitled to announce a break in the preparatory judicial session for the time limit of not more than five days for presentation by the persons participating in the case of additional evidence necessary to hold the court proceedings and performance of procedural actions, or to terminate the preparation of the case to the court proceedings.

The preparatory judicial session ends with issuance of a ruling of the court considering economic cases on appointment of the case to court proceedings.

If in the course of the preparatory judicial session the evidence is collected, sufficient for the court considering economic cases of first instance to adopt a judgment on the considered case, the court considering economic cases has the right to terminate the preparatory judicial session and switch to the consideration of the case on merits, if those present at the preparatory judicial session agree to begin the consideration of the case on merits in the judicial session. Non-appearance in the preparatory judicial session of the respondent properly notified about the time and place of its holding shall not preclude the switching to the examination of case on merits in the judicial session. In the event of non-appearance of the plaintiff at the preparatory judicial session, the court considering economic cases is entitled to switch to the consideration of the case on merits upon availability of a statement of the plaintiff about the judicial proceeding in his absence.

The court considering economic cases, ending the preparatory judicial session, shall declare a break necessary for issuance of the ruling about the appointment of the case for the court proceedings and open the judicial session of the court considering economic cases of first instance.

Article 174. Contents of the ruling of the court considering economic cases on appointment of the case to court proceedings

In the ruling on appointment of the case to court proceedings, the court considering economic cases shall specify concerning:

termination of the preparation of the case to court proceedings;

attraction to participation in the case of another respondent or third persons;

acceptance of the counterclaim, combination or division of stated claims;

date, time and place of holding the judicial session;

time limit for submission of additional evidence;

summoning to the judicial session of witnesses, experts, specialists, interpreters, representatives of state bodies, bodies of local government and self-government.

Statements and petitions of the persons participating in the case, rejected by the court considering economic cases at preparation of the case for court proceedings, including during the preparatory judicial session, may be repeatedly submitted (stated) by them at the judicial session of the court considering economic cases of first instance, and must be considered by the court considering economic cases under the procedure established by the present Code.

A ruling of the court considering economic cases on appointment of the case to court proceedings shall be sent, not later than five days after its adoption, to the persons participating in the case by registered mail with notification of delivery.

CHAPTER 20
COURT PROCEEDINGS

Article 175. Time limit for consideration of the case

The case must be considered by the court considering economic cases of first instance within the time limit of not more than two months from the day of adoption of the ruling of the court considering economic cases on appointment of the case to court proceedings, unless otherwise established by the present Code.

The court considering economic cases of first instance shall consider the following cases within the time limit of not more than one month from the day of adoption of the ruling of the court considering economic cases on appointment of the case to court proceedings:

concerning disputes in relation to the property being in the state ownership, including the disputes related to the privatization of the state property and forced alienation of the property for state needs;

concerning disputes about recognizing as invalid records in state registers (cadastres), made by a state body within the competence of which falls the maintaining of such a register (cadastre);

concerning disputes related to the state registration and liquidation (termination of activities) of legal persons and individual entrepreneurs;

concerning disputes about exclusion of property from the inventory act or its relieve from the arrest.

The case with participation of foreign persons located outside the Republic of Belarus must be considered by the court considering economic cases of first instance within the time limit of not more than seven months from the date of adoption of the ruling of the economic court on appointment of the case to court proceedings, unless otherwise established by a treaty of the Republic of Belarus.

In exceptional cases, having regard to a special complexity of the case, the term of consideration of the case may be extended by the chairperson of the court considering economic cases or his deputy up to four months, and the cases with participation of foreign persons located outside the Republic of Belarus, – up to one year.

Article 176. Order of holding the judicial session

The court proceedings shall be carried out at the judicial session of the court considering economic cases with mandatory notification of the persons participating in the case on the time and place of holding the judicial session.

The judge of the court considering economic cases (person presiding at the judicial session) shall:

open the judicial session and declare, what case is subject to consideration;

check the appearance at the judicial session of the persons participating in the case, their representatives and other participants of the economic proceedings, and the documents certifying their identity and confirming their powers;

establish whether the persons who have not appeared at the judicial session have been properly informed, and what information is available on the reasons of their absence;

clarify the issue on the possibility of hearing the case;

announce the composition of the court considering economic cases, inform who is participating in the case as the secretary of the judicial session-assistant judge, expert, specialist, interpreter, and explain to the persons participating in the case their right to declare challenges;

explains to the persons participating in the case and other participants of the economic proceedings their procedural rights and procedural duties;

remove the witnesses who have appeared out of the hall of the judicial session till their invitation for interrogation;

warn the interpreter about the responsibility for knowingly wrong translation, for refusal or evasion without valid excuse from execution of the duties imposed on him; the expert – for giving a knowingly false opinion, for refusal or evasion without valid excuse from execution of the duties imposed on them; the witness (right before the interrogation) – for giving knowingly false testimony, for refusal or evasion of from giving testimony;

warn the persons participating in closed judicial session about the responsibility for disclosure of the data constituting state secrets or other data protected by the law, contained in the materials of the case and take a respective signature;

define, with regard of the opinions of the persons participating in the case, the sequence of fulfillment of procedural actions;

guide the judicial session, ensure the conditions for all-round and complete examination of evidence and circumstances of the case. In doing so, he is entitled to remove questions from discussion and to stop examination of issues which have no relation to the case, and to suggest to the persons participating in the case to present explanations and additional evidence on the circumstances important for the case;

consider applications and petitions of the persons participating in the case;

take measures to ensure the appropriate order at the judicial session.

The court considering economic cases shall take measures to ensure that all procedural actions performed at the judicial session, adopted court resolutions, used legal terminology were clear to the persons participating in the case and other participants of the economic proceedings.

The proceedings shall be held at a constant composition of the court considering economic cases. In case of replacement of one of the judges of the court considering economic cases, the consideration of the case shall be carried out from the beginning.

The persons present in the hall of the judicial session are entitled to make written notes, take down verbatim and audio recording.

Filming, photographing, audio and video recording, and also broadcasting of the judicial session by radio and TV are allowed upon the permission of the court considering economic cases, which is considering the case, with regard to the opinions of the persons participating therein. A respective record shall be made in the minutes of the judicial session on the use of technical means.

Article 1761. Participation in judicial session by means of application of videoconferencing systems

The persons participating in the case and other participants of the economic proceedings may participate in a judicial session, including in the preparatory judicial session by means of application of videoconferencing systems.

The court considering economic cases, which is considering the case, may refuse to allow the application of videoconferencing systems when considering the case in the instances if:

there is not technical capability for participation in a judicial session by means of application of videoconferencing systems;

the case consideration is carried out in a closed judicial session.

The court considering economic cases may suspend the court proceedings in the event of occurrence of technical problems in the work of videoconferencing systems.

Evidence presented in a judicial session in the court considering economic cases which organizes videoconferencing shall be directed to the court considering economic cases, which is considering the case, not later than on the day following the of judicial session.

Article 177. Court proceedings of the case in absence of the persons participating therein

The parties are entitled to notify the court considering economic cases on a possibility of court proceedings of the case in their absence.

Upon non-appearance to the judicial session of the court considering economic cases of the plaintiff, who has been properly informed on the time and place of holding the court proceedings of the case, and upon absence in the court considering economic cases of a statement of the plaintiff about considering the case in his absence, the court shall leave the statement of claim without consideration .

Upon non-appearance to the judicial session of the court considering economic cases of the respondent, who has been properly informed on the time and place of holding the court proceedings of the case, the court considering economic cases shall hold the proceedings of the case in his absence, unless otherwise established by the present Code.

The non-appearance to the judicial session of the court considering economic cases of other persons participating in the case, who have been properly informed on the time and place of holding the court proceedings of the case, shall not preclude the court proceedings of the case.

Article 178. Court proceedings of the case at non-submission of a response to the statement of claim or additional evidence

Non-submission to the court considering economic cases of a response to the statement of claim or additional evidence, which the court considering economic cases has suggested to present to the persons participating in the case, shall not preclude the court proceedings of the case on the materials and evidence available therein.

Article 179. Adjournment of proceedings of the case

Adjournment of court proceedings of the case is allowed in the cases provided by the present Code, and also if court considering economic cases recognizes it impossible to consider the case at this judicial session either due to the absence of someone from the persons participating in the case, other participants of the economic proceedings, or due to the necessity to present additional evidence, or to perform additional procedural actions.

The court considering economic cases may adjourn court proceeding upon a petition of both parties for holding the conciliation procedure.

In case of non-appearance of the interpreter to the judicial session, the consideration of the case shall be adjourned.

In case of non-appearance to the judicial session of a person participating in the case, in relation to which the court considering economic cases has no data on his proper notification about the time and place of holding the judicial session, the court proceedings of the case shall be adjourned.

If a person participating in the case has been properly informed about the time and place of holding the judicial session, the court considering economic cases shall adjourn the court proceedings of the case upon receipt of a statement of such a person about adjournment of the proceedings of the case with justification of the necessity to adjourn it, should the court recognizes the reasons of his absence to be valid.

The court considering economic cases is entitled to adjourn the court proceedings of the case on a petition of the person participating in the case in the event of non-appearance at the judicial session of his representative due to a valid reason.

The court proceedings of the case may be postponed by the court considering economic cases for the term, necessary to eliminate the circumstances precluding the proceedings, but within the limits of the general time limit established by Article 175 of the present Code, for consideration of the case by the court considering economic cases of first instance and adoption of the judgment thereon.

At adjournment of the court proceedings of the case, the court considering economic cases is entitled to interrogate the witnesses who appeared. The evidence of these witnesses shall be announced at a new judicial session. The secondary summon of the same witnesses to a new judicial session shall be made by the court considering economic cases only in case of necessity.

The court considering economic cases shall make a ruling on the adjournment of the proceedings of the case, which shall specify the time and place of holding a new judicial session, established in such way that the court had the required time to summon the participants of the proceedings, to request additional evidence or perform additional procedural actions.

The court considering economic cases shall notify the persons participating in the case and other participants of the economic proceedings on the time and place of holding a new judicial session. In this instance, the persons who have appeared to the judicial session shall be notified on the time and place of holding a new judicial session directly at the judicial session, which is certified by their signatures in the minutes of the judicial session.

The court considering economic cases is entitled to attract to the liability established by the legislation the expert, specialist, representative of a state body, body of local government and self-government, witness, interpreter, who have been properly informed on the time and place of holding the judicial session, but have failed to appear to the court considering economic cases and to declare prior to the appointed date of the session about adjournment of proceedings of the case with substantiation of a valid reason of their absence. In case of non-appearance without valid reason on a secondary summons, a witness can be subject to enforced conduction to the court considering economic cases.

After the adjournment, the court proceedings shall start from the beginning.

Article 180. Resolution by the court considering economic cases of statements and petitions of the persons participating in the case

Applications and petitions of the persons participating in the case, including on submission of new evidence when the plaintiff changes the ground or subject matter of the claim, submission of a counterclaim, intervention of third persons presenting separate claims concerning the subject-matter of the dispute, on requesting new evidence and on other issues related to the proceedings of the case, shall be lodged (stated) to the court considering economic cases in writing or entered into the minutes of the judicial session and resolved by the court considering economic cases after hearing the opinions of other persons participating in the case.

The court considering economic cases shall issue rulings on the results of consideration of statements and petitions.

Article 181. Statements of the parties about achieved agreements

In the course of court proceedings, the court considering economic cases shall assist the parties in their achieving consent in searching a mutually acceptable settlement on all demands contained in the statement of claim.

Statements of the parties on the agreements achieved by them on the circumstances of the case and demands of the plaintiff, and also on the contents of such agreements shall be submitted to the court considering economic cases in writing or entered into the minutes of the judicial session and certified by signatures of the parties.

Article 182. Consideration of statement about forged evidence

When a person participating in the case submits a written statement about forged evidence submitted by another person participating in the case, the court considering economic cases shall:

exclude such piece of evidence from the evidence with the consent of the person who has presented the challenged piece of evidence and make the judgment on the basis of other evidence on the case;

examine the justification of the statements about forged evidence if the person who has presented this evidence, disagrees exclusion thereof from the evidence or if the court considering economic cases comes to a conclusion that without taking into account of the challenged evidence, no lawful and justified judgment can be made.

In the instance provided by indent two of part one of the present Article, the court considering economic cases shall assess the challenged evidence in aggregate with other evidence or request other evidence necessary for to checking the veracity of challenged evidence, or take other measures provided by the legislative acts to check the veracity of the statement about forged evidences.

The court considering economic cases shall make a ruling on the results of consideration of the statement about forged evidence.

Article 183. Order at the judicial session

When the judge (judges) of the court considering economic cases enters (enter) the hall of the judicial session, all persons present in the hall shall stand up.

The persons participating in the case and other participants of the economic proceedings shall address the court considering economic cases with the words "High Court", and at consideration of the case by the single judge, the address "Your Honour" is allowed. The persons participating in the case shall give their explanations and testimony to the court considering economic cases while standing. Deviation from these rules are allowed only upon permission of the judge of the court considering economic cases (person presiding at the judicial session).

All persons present in the hall of the judicial session are obliged to observe the established order and inviolately obey to corresponding lawful orders of the judge of the court considering economic cases (person presiding at the judicial session).

The judgment of the court considering economic cases shall be listened to by all persons present in the hall of the judicial session while standing.

Article 184. Examination of evidence on the case

At consideration of the case, the court considering economic cases shall directly examine the evidence on the case, including:

to get acquainted with written evidence;

to perform inspection and examination of material evidence;

to announce written explanations of the persons participating in the case, testimony of witnesses, consultations of specialists, opinions of experts, representatives of state bodies, bodies of local government and self-government and, if necessary – to hear their oral explanations, testimony and opinions.

Written evidence and/or protocols of inspection thereof drawn up in the course of preparation of the case for the court proceedings, by way of fulfilling a court commission or securing the evidence, shall be announced at the judicial session and presented to the persons participating in the case.

At examination of the evidence, the court considering economic cases shall get acquainted with agreements of the parties on the issues concerning the dispute being settled, achieved according to Articles 107 and 181 of the present Code, and ascertain the facts established by these agreements and achieved arrangements.

The playback and display of audio and/or video records, made when the evidence was inspected in the location thereof, shall be performed by the court considering economic cases in the hall of the judicial session or in other premises specially equipped for these purposes. The fact of reproduction of audio and/or video records shall be reflected in the minutes of the judicial session. Upon a petition of the persons participating in the case or on the initiative of the court considering economic cases, the minutes of the judicial session may reflect the contents of separate episodes of audio and/or video records.

The person participating in the case is entitled to give explanations to the court considering economic cases on the evidence submitted by him and on the evidence which have been requested by the court upon his petition, and also to put questions to the expert, specialist, witness, representative of the state body, body of local government and self-government, summoned to the judicial session upon his petition.

Article 185. Measures to be taken in relation to infringers of the order at the judicial session

A person participating in the case and/or his representative, who violates the order during the judicial session, shall be warned by the judge of the court considering economic cases (the person presiding at the judicial session) in the name of the court considering economic cases, or made liable according to the legislation.

The court considering economic cases shall issue a ruling on the warning to the person participating in the case and/or his representative, who violate the order during judicial session or made liable according to the legislation, which may be appealed against under the procedure established by the present Code.

In case of a repeat infringement of the order at the judicial session, the persons specified in part one of the present Article, may be sent out of the hall of the judicial session for the whole time of the proceedings or for a part thereof on the basis of a ruling issued by the court considering economic cases. In the latter instance, the court considering economic cases shall acquaint the person let again into the hall of the session with the procedural actions accomplished in his absence.

In case of infringement of the order at the judicial session by the persons participating in the case, the court considering economic cases is entitled to announce a break in the judicial session, to suspend or adjourn the proceedings of the case.

Other participants of the economic proceedings and citizens present at consideration of the case, upon a repeat infringement by them of the order at the judicial session, shall be sent out of the hall of the session, on which fact a record shall be made in the minutes of the judicial session under the order of the judge of the court considering economic cases (person presiding at the judicial session).

In the event of infringement of the order at the judicial session by the public prosecutor participating in the case, the court considering economic cases shall notify the higher public prosecutor about the fact.

If actions of the infringer of the order at the judicial session contain elements of a crime, the court considering economic cases shall direct a presentation to the respective public prosecutor for consideration of the issue on initiation of a criminal case in relation to the infringer.

Article 186. Order at the judicial session

Upon a petition of the person participating in the case and on its own initiative, the court considering economic cases is entitled to announce a break in the judicial session.

If it is necessary to announce a break in the judicial session, including its transfer on the next day, the court considering economic cases shall issue a ruling, which shall specify the time and place of the continuation of the judicial session. This ruling shall be entered into the minutes of the judicial session.

The break in the judicial session may be announced for the time limit of not more than five days.

After the end of the break, the judicial session shall be announced by the judge of the court considering economic cases (person presiding at the judicial session) to be continued. In this case, no repeated consideration of the evidence examined before the break is made, including in the event of replacement of representatives of the persons participating in the case.

The persons participating in the case and their representatives, who have not appeared at the judicial session after the announced break, same as those who have left the hall of the judicial session before the termination of consideration of the case, are recognized to be properly informed. Further proceedings shall be carried out in their absence.

Article 187. Judicial pleadings and replies. Termination of consideration of the case

After examination of all available evidence, the judge of the court considering economic cases (person presiding at the judicial session) shall ask the persons participating in the case, whether they have additional evidence on the case. In the absence of additional evidence, the judge of the court considering economic cases (person presiding at the judicial session) shall announce the examination of the evidence on the case finished and pass over to judicial pleadings.

In the course of judicial pleadings, the persons participating in the case and their representatives shall substantiate their positions on the case in oral presentations.

The sequence of presentations of the persons participating in the case and their representatives is determined by the judge of the court considering economic cases (person presiding at the judicial session).

After termination of all presentations, each person participating in the case and/or his representative is entitled to speak again with a brief oral retort in relation to the arguments stated in the presentations of other persons participating in the case.

After termination of judicial pleadings and retorts, the proceedings of the case shall end, and the court considering economic cases shall leave to make the judgment, on which fact a record shall be made in the minutes of the judicial session.

Article 188. Renewal of consideration of the case after departure of the court considering economic cases to make the judgment

If the court considering economic cases finds it necessary, after its departure to make the judgment on the case, to examine further the evidence or to continue clarification of the circumstances important for the case, it shall restart the proceedings, on which fact a ruling shall be issued, which shall be entered into the minutes of the judicial session.

After renewal of the court proceedings, the judicial session shall continue from the stage of examination of evidence.

Article 189. Minutes of the judicial session and the protocol on performance of a separate procedural action

At the judicial session with participation of the persons participating in the case and other participants of the economic proceedings, and also when performing separate procedural actions outside the judicial session, the court considering economic cases of first instance shall draw up accordingly the minutes of the judicial session or the protocol of execution of a separate procedural action, unless otherwise provided by the present Code for certain categories of cases.

The minutes of the judicial session and the protocol of a separate procedural action shall specify:

year, month, day and place of holding the judicial session or performance of a separate procedural action;

time of the beginning and end of the judicial session or performance of a separate procedural action;

name and composition of the court considering economic cases, which is considering the case;

name and number of the case;

data about the appearance of the persons participating in the case and other participants of the economic proceedings;

data on the documents submitted and presented to the court, certifying the identity and confirming the powers of the persons participating in the case and of their representatives;

data on explaining to the persons participating in the case and other participants of the economic proceedings of their procedural laws and procedural duties;

data on warning the interpreter about the responsibility for knowingly wrong translation, for refusal or evasion without valid excuse from execution of the duties imposed on him; the expert – for giving a knowingly false opinion, for refusal or evasion without valid excuse from execution of the duties imposed on them; the witness – for giving knowingly false testimony, for refusal or evasion of from giving testimony;

oral statements and petitions of the persons participating in the case;

agreements of the parties on actual circumstances of the case and demands of the plaintiff, certified by signatures of the parties in the minutes;

oral explanations given by the persons participating in the case, witnesses, experts, specialists, representatives of state bodies, bodies of local government and self-government in relation to their written explanations, testimonies, opinions and conclusions;

oral consultations of a specialist;

rulings issued by the court without its departure out of the hall of the judicial session;

notice on using audio recording means, videoconferencing systems and other technical means in the course of the judicial session;

date of drawing up the minutes (protocol).

The protocol on performance of a separate procedural action shall also specify the data obtained as a result of performance of this procedural action.

The minutes of the judicial session and the protocol on performance of a separate procedural action shall be made and signed not later than the next day after the end of the judicial session, performance of the separate procedural action, and concerning complicated cases – within five days.

The minutes of the judicial session and the protocol on performance of a separate procedural action shall be conducted by the secretary of the judicial session-assistant judge.

The minutes of the judicial session and the protocol on performance of a separate procedural action shall be signed by the judge of the court considering economic cases (person presiding at the judicial session) and the person who has conducted the minutes (protocol).

The persons participating in the case and/or in performance of a separate procedural action shall have the right to get acquainted with the minutes of the judicial session and/or the protocol on performance of a separate procedural action and to present their remarks concerning the completeness and correctness of drawing them up within five days after signing the corresponding minutes (protocol).

Remarks on the minutes of the judicial session and/or the protocol on performance of a separate procedural action, submitted to the court considering economic cases after five days, shall not be considered by the court considering economic cases and shall be returned to the person, who has submitted it.

The court considering economic cases shall issue rulings, not later than five days from the date of receipt of the remarks by the court, on acceptance or rejection of the remarks on the minutes of the judicial session and/or the protocol on performance of a separate procedural action.

The court considering economic cases may make a stenograph record, and an audio or video recording of the judicial session. In this case, the minutes of the judicial session and/or the protocol on performance of a separate procedural action shall have a record only on the issues provided by indents two, three, seven, nine – eleven, fifteen and sixteen of part two of the present Article. Electronic or other carriers of audio and video records shall be adducted to the minutes of the judicial session or the protocol on performance of a separate procedural action.

CHAPTER 21
JUDGMENT OF THE COURT CONSIDERING ECONOMIC CASES

Article 190. Adoption of the judgment by the court considering economic cases

When resolving a dispute on the merits, the court considering economic cases of first instance shall adopt the judgment. The judgment of the court considering economic cases shall be adopted in the name of the Republic of Belarus.

The judgment of the court considering economic cases shall be lawful and substantiated.

The court considering economic cases shall substantiate the judgment only on this evidence which has been examined at the session.

The judgment shall be adopted by the court considering economic cases after the end of the proceedings of the case at the judicial session.

The court considering economic cases shall resolve issues necessary to make a judgment, draw up the text of the judgment, adopt and sign the judgment in the consultation room in the conditions which ensure the observance of the secrecy of meeting of the judges.

Only the judges making the composition of the court considering economic cases, which is considering the case, may be present in the consultation room.

When the case is being considered by a collegiate composition of the court considering economic cases, the judgment shall be adopted by the majority of votes of the judges.

The judge of the court considering economic cases is not entitled to communicate to anybody the data about the contents of the discussion when adopting the judgment, about the positions of individual judges making the composition of the court considering economic cases, and otherwise disclose the secrecy of meeting of the judges.

Article 191. Issues to be resolved when making the judgment

When making the judgment, the court considering economic cases shall:

assess the evidence;

determine which circumstances important for the case have been established and which have not been established;

decide on the basis of which laws or other normative legal acts the given dispute is to be resolved;

establish rights and duties of the persons participating in the case;

decide whether the claim is to be satisfied or not;

distribute the court expenses.

When adopting a judgment, the court considering economic cases shall resolve the issues concerning preservation of the effect of measures to secure the claim or cancellation of securing the claim, on securing execution of the judgment (if necessary, establish the order and time limit for execution of the judgment), on disposal of the material evidence located in the court, and also other issues which have arisen in the course of the proceedings.

Article 192. Formulation of the judgment by the court considering economic cases

The judgment of the court considering economic cases shall be formulated as a separate document and shall be handwritten or prepared with the help of technical means. In cases when the motivational part of the judgment has been made not in the consultation room, it shall be formulated as a separate document and contain the indication to the judgment, in relation to which it has been made.

The judgment of the court considering economic cases shall specify the motives of its adoption. The judgment shall be formulated in the language understandable for the persons participating in the case and for other persons.

The judgment of the court considering economic cases shall be signed by the judge of the court considering economic cases, and in case of consideration of the case by a collegiate composition of the court considering economic cases – by all the judges participating in adopting the judgment, including the judge who has a dissenting opinion.

The corrections in the judgment of the court considering economic cases shall be mentioned and certified by signatures of all judges in the consultation room prior to announcement thereof.

The judgment of the court considering economic cases shall be made out in one copy and adducted to the file of the case.

Article 193. Contents of the judgment by the court considering economic cases

The judgment of the court considering economic cases shall consist of introductory, descriptive, motivational and resolutory parts.

The introductory part of the judgment of the court considering economic cases shall specify name and composition of the court considering economic cases, which has adopted the judgment; name and number of the case; date and place of making the judgment; surnames, own names, patronymics (names) of the persons participating in the case; subject matter of the dispute; surnames and initials of the persons present at the session with indication of their powers; surname and initials of the person who conducted the minutes of the judicial session.

The descriptive part of the judgment of the court considering economic cases shall contain a summary of the statement of claim, a response to it, and other explanations. Inclusion into the descriptive part of statements and petitions of the persons participating in the case is mandatory only in the instances if they have been made on the essence of the case and influence the consideration of the case on its merits.

The descriptive part of the judgment of the court considering economic cases shall specify the change by the plaintiff of the grounds, subject or amount of the claim, recognition or non-recognition of the claim by the respondent.

The motivational part of the judgment of the court considering economic cases shall be drawn up:

on the cases on economic insolvency (bankruptcy);

on the cases on recognition invalid (in a whole or in part) of a non-normative legal act of a state body, body of local government and self-government, which does not comply with the legislation and which violates the rights and legitimate interests of legal persons and individual entrepreneurs;

if a person participating in the case is a foreign person;

if it is established by the present Code that the judgment is not subject to appeal (protest) against in the appellate order;

in connection with appeal (protest) against the judgment in the appellate order;

at consideration of the cases sent to a new consideration by the court considering economic cases of cassation or supervising instance;

on the cases on establishing facts having legal meaning (juridical facts); on claims on recognition of a right; on protection of business reputation; on recognition of the challenged transaction invalid; on establishing the fact of voidance of the transaction; on liquidation of legal persons and termination of the activity of individual entrepreneurs;

in other instances – on a written statement of the persons participating in the case, which may be submitted before the retirement of the court to the consultation room or within ten days from the date of announcement of the judgment.

The motivational part of the judgment of the court considering economic cases shall specify:

circumstances of the case established by the court considering economic cases;

evidence on which the conclusions of the court considering economic cases about these circumstances are based;

reasons on which the court considering economic cases rejects this or that evidence and does not apply legislative and other normative legal acts to which the persons participating in the case have referred;

acts of legislation, by which the court was guided when adopting the judgment.

The resolutory part of the judgment of the court considering economic cases shall contain conclusions about satisfaction of each stated claim in whole or a part thereof, or on refusal of satisfaction.

The resolutory part of the judgment of the court considering economic cases shall also specify the data on distribution of the court expenses among the persons participating in the case, the right of appeal and the time limit for appeal against the judgment.

In case of a complete or partial satisfaction of the initial and counter claims, the resolutory part of the judgment of the court considering economic cases shall specify the sum to be recovered as a result of an offset in whole or in part.

The judgment of the court considering economic cases shall specify the application of the law and the right astanalogy.

At participation in the case of several plaintiffs and respondents, the judgment of the court considering economic cases shall specify how the dispute has been resolved in relation of each of them.

If the court considering economic cases establishes the order of execution of the judgment or takes measures on securing the execution thereof, this fact shall also be specified in the judgment of the court considering economic cases.

Adoption by the court considering economic cases of conditional and alternative judgments is not allowed.

In the absence of the motivational part in the judgment of the court considering economic cases, it shall contain the introductory, descriptive and resolutory parts. In this case, the descriptive part shall contain the indication of the circumstances of the case established by the court considering economic cases, and references to the acts of legislation, by which the court was guided when adopting the judgment.

Article 194. Judgments of the court considering economic cases on collecting monetary means or on awarding the property

At satisfaction of the claim on collecting the monetary means, the resolutory parts of the judgment the court considering economic cases shall specify the general amount of the sums subject to recovery with a separate determination of the principal, losses, interest and penalty interest (fine, penalty).

At awarding the property, the resolutory part of the judgment of the court considering economic cases shall specify the name of the property subject to transfer, its value and location.

At awarding the property in kind, the resolutory part of the judgment the court considering economic cases shall specify the value of the property which must be collected from the respondent, if at execution of the judgment the awarded property will not be available.

Article 195. Judgment of the Court considering economic cases on recognition of an execution document not executable

When satisfying the claim on a dispute to recognize as not executable an execution document on which collecting is made in the indisputable order, the resolutory part of the judgment of the court considering economic cases shall specify the name, number and date of issuance of the document not to be executed and the sum of money which is not to be written off.

Article 196. Judgments of the court considering economic cases on conclusion or change of a contract

On the disputes which have arisen at conclusion or change of a contract, the resolutory part of the judgment shall specify the conclusion of the court considering economic cases on each disputable condition of the contract, and on a dispute on coercion to conclude a contract – the conditions on which the parties are obliged to conclude it.

Article 197. Judgment of the court considering economic cases compelling the respondent to execute certain actions

When adopting a judgment of the court considering economic cases obliging the respondent to execute certain actions not related to collecting monetary means or transfer of the property, the resolutory part of the judgment of the court considering economic cases shall specify who, where and when or during what period of time is obliged to execute these actions.

The judgment of the court considering economic cases compelling the respondent to execute certain actions (to adopt a decision) not related to transfer of the property or collection of sums of money shall be executed within the time limit established by the court considering economic cases.

The court considering economic cases is entitled to specify in the judgment that if the respondent fails to execute the judgment within the established time limit, the plaintiff is entitled to execute certain actions on the account of the respondent, having collected the necessary expenses from the latter.

Article 198. Judgments of the court considering economic cases in favour of several plaintiffs or against several respondents

When making a judgment in favour of several plaintiffs, the court considering economic cases shall specify in what part (share) it refers to each of them or indicate that the right of collecting is joint and several one.

When adopting a judgment against several respondents, the court considering economic cases shall specify in what part (share) each of respondents shall execute the judgment or specify that in accordance with the legislation or according to the contract their responsibility is joint and several one.

Article 199. Judgment of the court considering economic cases on the case about recognition invalid a non-normative legal act of state body, body of local government and self-government, other bodies or officials

On the case on recognition invalid of a non-normative legal act of a state body, body of local government and self-government, other bodies or officials, the resolutory part of the judgment of the court considering economic cases shall contain:

title, number, date of issue, other necessary essential elements of the act, and the data on the body that has issued it;

indication on recognition of the act as invalid in whole or in part or on rejection to satisfy the claim of the plaintiff in whole or in part;

indication of the time from which this non-normative legal act is recognized as invalid.

When satisfying the claim on recognition as illegal of a refusal of state registration or evasion from registration, the resolutory part of the judgment of the court considering economic cases shall compel the respective state body to execute such registration.

Article 200. Judgments of the court considering economic cases on establishing the facts having legal meaning (juridical facts) and on complaints on notarial actions or refusal to perform them

When the court considering economic cases satisfies a statement on establishing the facts having legal meaning (juridical facts), the judgment shall set forth the established fact.

The judgment of the court considering economic cases on establishing the facts having legal meaning (juridical facts), shall serve as the basis for registration of such facts or for formalization by the corresponding body of the rights which arise in connection with the established facts.

In judgments on complaints on notarial actions or refusal to execute them, the court considering economic cases must, in the event of satisfaction of the complaint, compel a notary or an official to which, in accordance with the legislative acts, has been granted the right to make notarial actions, to execute certain actions, to make corrections in the executed notarial action, eliminating the violations committed while executing the notarial action, or to cancel the executed notarial action. In case of recognition by the court considering economic cases of the complaint to be unsubstantiated, the judgment shall specify a refusal to satisfy the complaint.

Article 201. Announcement of the judgment by the court considering economic cases

After its adoption, the judgment of the court considering economic cases shall be announced by the judge of the court considering economic cases (person presiding at the judicial session) in the same judicial session, in which the consideration of the case comes to its end. If necessary, the drawing up of a motivated judgment of the court considering economic cases may be adjourned for the time limit of not more than five days from the date of the retirement of the court considering economic cases into the consultation room.

In the absence of the motivational part in the judgment of the court considering economic cases, the court considering economic cases shall announce its resolutory part.

The resolutory part of the judgment of the court considering economic cases shall be announced at the same judicial session, in which the consideration of the case comes to its end. Simultaneously, the judge of the court considering economic cases (person presiding at the judicial session) shall announce when the persons participating in the case can get acquainted with the motivated judgment, unless otherwise provided by the present Code and other legislative acts.

The announced resolutory part of the judgment of the court considering economic cases must be signed by the judge (judges) of the court considering economic cases and adducted to the case.

The judge of the court considering economic cases (person presiding at the judicial session) shall explain the procedure and time limit for appeal (protest) against the judgment of the court considering economic cases, and the order and time limit for presentation of remarks to the minutes of the judicial session.

The judgment of the court considering economic cases may be published under the procedure established by the legislative acts.

Article 202. Drawing up of the motivational part of the judgment of the court considering economic cases

The motivational part of the judgment of the court considering economic cases shall be drawn up not later than seven days from the date of submission of the statement on its drawing up or of the appellate complaint (protest). If the time limit for submission of the statement, established by indent nine of part five of Article 193 of the present Code, has been missed for the valid reason, it may be restored by the court considering economic cases, which has issued the judgment.

The motivational part of the judgment of the court considering economic cases shall be signed by the judge of the court considering economic cases, and in case of consideration of the case by a collegiate composition of the court considering economic cases – by all judges who participated in adopting the judgment, including the judge who has a dissenting opinion.

Article 203. Direction of copies of the judgment of the court considering economic cases to the persons participating in the case

The court considering economic cases shall send, by the registered mail with notification of delivery, copies of the judgment of the court considering economic cases to the persons participating in the case not later than five days from the date of making the judgment, or serve the copies of the judgment on them against a receipt.

In cases and in the order, provided by the present Code, the court considering economic cases shall direct copies of the judgment of the court considering economic cases to other interested persons.

Article 204. Entry of the judgment of the court considering economic cases into legal force

The judgment of the court considering economic cases of first instance, unless otherwise established by the present Code or other legislative acts, enters into legal force upon expiration of fifteen days from the day of its adoption, unless a appellate petition has been submitted. In case of submission of an appellate petition, the judgment of the court considering economic cases, provided it has not been cancelled and not changed, enters into legal force from the day of adoption of the judgment by the court considering economic cases of appellate instance.

The judgment of the Supreme Court considering economic cases of the Republic of Belarus enters into legal force from the moment of its announcement at the judicial session.

Article 205. Judgments and rulings of the court considering economic cases subject to immediate execution

The following is subject to immediate execution:

judgments of the court considering economic cases on recognition as invalid of non-normative legal acts of state bodies, bodies of local government and self-government, other bodies or officials;

judgments of the court considering economic cases on extension or suspension (prohibition) of the activity;

judgments of the court considering economic cases on obligation of the organization (individual entrepreneur) to eliminate committed violation;

judgments of the court considering economic cases on satisfaction of the claims if the respondent has recognized the claim or if immediate execution of court resolutions is directly provided by the legislative act;

judgment of the court considering economic cases on declaration of economic insolvency (bankruptcy);

ruling of the court considering economic cases on opening of bankruptcy proceedings;

rulings of the court considering economic cases on issues concerning securing the claim and securing the enforcement of execution documents.

The court considering economic cases is entitled to allow an immediate execution of judgments in whole or in their part on award of monetary means under a promissory note or a bill of exchange (hereinafter – the bill of exchange), a check or another security, the authenticity of which is not challenged by the respondent, and also on other cases, if a delay in enforcement of the judgments can result in an essential damage to the party in dispute, in favour of whom the judgment has been made or to make their execution impossible.

An immediate execution of the judgment of the court considering economic cases shall be allowed upon provision by the party in dispute, in favour of whom the judgment has been made, in the instance of cancellation of the judgment of the court considering economic cases, of a security of the reverse enforcement (counter security) by depositing to the respective account of the court considering economic cases of monetary means in the amount of the awarded sum, or by providing a bank guarantee, a suretyship or other financial security to the same sum.

Immediate execution of the judgment or ruing of the court considering economic cases in whole in part shall be specified in the court resolution.

Article 206. Security of execution of the judgment of the court considering economic cases

Upon a petition of the persons participating in the case, the court considering economic cases is entitled to secure execution of the judgment, which has not been appointed to immediate execution, according to the rules established by the present Code.

Article 207. Appeal against the judgment of the court considering economic cases

The judgment of the court considering economic cases, which has not entered into legal force, may be appealed against to the court considering economic cases of appellate instance under the procedure established by the present Code.

The judgment of the court considering economic cases, which has not entered into legal force, may be appealed against to the court considering economic cases of cassation or supervising instance under the procedure established by the present Code.

Article 208. Execution of the judgment of the court considering economic cases

The judgment of the court considering economic cases of first instance shall be executed after its entry into legal force under the procedure established by Section IV of the present Code and other legislation, with the exception of the instances provided by Article 205 of the present Code.

Article 209. Additional judgment of the court considering economic cases

On its own initiative or upon a petition of the person participating in the case, the court considering economic cases, which has adopted the judgment, is entitled to make an additional judgment prior to entry into legal force of the judgment adopted by it, and the Supreme Court of the Republic of Belarus, which have adopted the judgment, – prior to execution of its judgment, if:

the court has not adopted the judgment on a claim in relation to which the persons participating in the case have presented evidence;

the court, having resolved the issue of the law, has not specified in the judgment the amount of the sum subject to recovery, the property subject to transfer, or certain actions which the respondent is obliged to execute;

the court has not resolved the issue on court expenses.

The issue of adoption by the court considering economic cases of an additional judgment shall be resolved at the judicial session.

The persons participating in the case shall be informed on the time and place of holding the judicial session. Non-appearance of properly informed persons participating in the case shall not preclude the consideration of the issue on adoption of the additional judgment.

The additional judgment of the court considering economic cases shall be adopted according to the rules established by the present Chapter.

In case of a refusal to adopt an additional judgment, the court considering economic cases shall issue a ruling.

The additional judgment of the court considering economic cases and the ruling of the court considering economic cases on refusal to adopt an additional judgment may be appealed against under the procedure established by the present Code.

Article 210. Explanation of the judgment by the court considering economic cases Correction of slips of pen, typing errors and arithmetic mistakes

In case of ambiguity of the judgment, the court considering economic cases, which has adopted it, is entitled, upon a petition, presentation of the person participating in the case, court executor, state body, body of local government and self-government, organization executing the judgment of the court considering economic cases, or on its own initiative, to explain the judgment without changing its contents.

Explanation of the judgment of the court considering economic cases is allowed if it has not been executed, and the time limit has not expired, during which the judgment can be enforced.

The court considering economic cases, which has settled the dispute, is entitled, upon a presentation of the person participating in the case, court executor, state body, body of local government and self-government, the organization executing the judgment of the court considering economic cases, or on its own initiative to correct slips of pen, typing errors and arithmetic mistakes revealed in the court judgment without changing its contents.

Concerning explanation of the judgment of the court considering economic cases, correction of slips of pen, typing errors and arithmetic mistakes, the court considering economic cases shall issue a ruling within ten days from the day of receipt by the court of a petition, presentation, which may be appealed against under the procedure established by the present Code.

Article 211. Delay of execution or execution by installment of a court resolution, change of the way and order of its execution

The court considering economic cases, which has adopted the court resolution, is entitled, upon a petition of a party, submitted before the expiration of the time limit, established for presentation of the execution document for execution, to defer or space out the enforcement of the court resolution, to change the way and the order of its execution.

The issues about delay or execution by installment of the court resolution, about change of the way and order of its execution shall be resolved at the judicial session with notification of the parties on the time and place of holding the judicial session. Non-appearance of any of the properly notified parties does not preclude the consideration of these issues.

Based on the results of consideration of the issues about delay or execution by installment of the court resolution, about change of the way and order of its execution, the court considering economic cases shall make a ruling which may be appealed against under the procedure established by the present Code.

CHAPTER 22
RULING OF THE COURT CONSIDERING ECONOMIC CASES

Article 212. Adoption of ruling of the court considering economic cases

The court considering economic cases shall make a ruling in the instances provided by the present Code, and in other instances – on the issues to be decided upon in the course of court proceedings.

A ruling shall be issued by the court considering economic cases in writing as a separate court resolution or minutes ruling.

The court considering economic cases shall adopt a ruling as a separate court resolution in all instances where the present Code provides a possibility to appeal against the ruling of the court considering economic cases separately from the court resolution, by which the consideration of the case on its merits comes to its end. In other cases, the court considering economic cases is entitled to adopt a ruling both as a separate court resolution, and as a minutes ruling.

The court considering economic cases shall adopt a ruling as a separate court resolution in the conditions which ensure the observance of the secrecy of meeting of judges, according to the rules established for making a judgment of the court considering economic cases.

A minutes ruling may be issued by the court considering economic cases without retirement from the hall of the judicial session. A minutes ruling shall be announced orally and entered into the minutes of the judicial session.

Article 213. Contents of the ruling of the court considering economic cases

A ruling of the court considering economic cases adopted as a separate court resolution shall specify:

name and composition of the court considering economic cases, which has adopted the ruling; name and number of the case; date and place of adoption of the ruling of the court considering economic cases; surnames, own names, patronymics (names) of the persons participating in the case; subject matter of the dispute;

issue on which the ruling is being issued;

motives on which the court considering economic cases has come to its conclusions with reference to the legislative and other normative legal acts;

conclusion on the issue being considered ;

whether the ruling is subject to appeal and protest, the order and time limits for appeal and protest against it.

The ruling of the court considering economic cases, which is adopted as a separate court resolution, shall be signed by the judge of the court considering economic cases or the collegiate composition of the court considering economic cases, which has issued it.

The ruling of the court considering economic cases, which is entered into the minutes of the judicial session (minutes ruling), shall specify the issue on which the ruling is issued and a conclusion on the considered issue, if necessary, the court considering economic cases is entitled to specify the motives therein, on which it has come to such a conclusion.

Article 214. Sending of the ruling of the court considering economic cases

The court considering economic cases shall send, by the registered mail with notification of delivery, a copy of the ruling issued as a separate court resolution to the persons participating in the case and other interested persons not later than five days from the day of issuance of the ruling of the court considering economic cases, unless another time limit provided by the present Code, or serve the copies of the ruling on them against a receipt.

Article 215. Special ruling

In case of revealing, at consideration of the dispute, of a violation by legal persons, individual entrepreneurs, state bodies, bodies of local government and self-government, officials or citizens of legislative and other normative legal acts in their activity, the court considering economic cases is entitled to issue a special ruling.

A special ruling shall be sent to the respective legal persons, individual entrepreneurs, state bodies, bodies of local government and self-government, officials or citizens, who are obliged, within not more than one month from the day of issuance of the special ruling, to inform the court considering economic cases about adopted measures.

A special ruling may be appealed against under the procedure established by the present Code.

Article 216. Order and time limits of appeal against rulings of the court considering economic cases

A ruling of the court considering economic cases may be appealed against separately from the court resolution by which the consideration of the case on its merits comes to its end in the event if according to the present Code the appeal of this ruling is envisaged, and also if it precludes further progress of the case.

As to the ruling of the court considering economic cases, the appeal against which is not provided by the present Code, and also in relation to a minutes ruling, objections may be stated at the appeal against the court resolution by which the consideration of the case on its merits comes to its end.

A complaint to the ruling of the court considering economic cases may be submitted not later than fifteen days from the date of adoption of the ruling, unless another term is provided by the present Code. Submission of a complaint to the ruling of the court considering economic cases and its consideration shall be carried out under the procedure established by the present Code for appealing (protesting) against judgments of the court considering economic cases.

CHAPTER 23
GENERAL PROVISIONS ON CERTAIN KINDS OF PROCEEDINGS AT THE COURT CONSIDERING ECONOMIC CASES OF FIRST INSTANCE

Article 217. Certain kinds of proceedings

The courts considering economic cases shall consider on the first instance cases of certain kinds of proceedings according to the rules established by the present Code, with account of the peculiarities provided by respective Chapters of the present Code and other legislative acts.

Article 218. Form and contents of statement (complaint) and documents to be attached thereto

Statements (complaints) being submitted to the court considering economic cases of first instance, the consideration of which refers to the jurisdiction of the court considering economic cases, must contain the data and have attached documents as provided by Articles 159 and 160 of the present Code, which refer to the demand formulated in the statement (complaint), unless otherwise provided by the present Code.

Article 219. Time limit of consideration of cases on certain kinds of proceedings

Cases on certain kinds of proceedings shall be considered within the time limit of not more than one month from the date of receipt of the statement (complaint) by the court considering economic cases, including the time limit for preparation of the case for proceedings and making a judgment on the case, unless otherwise provided by the present Code and other legislative acts.

CHAPTER 24
WRIT PROCEEDINGS

Article 220. Notion of writ proceedings

The writ proceedings is adoption by the economic court of a ruling on a court order without consideration and summon of the parties upon a statement of the recoverer.

Within the writ proceedings are considered claims on collecting monetary funds, on awarding the property or on application of the recovery on the monetary means of the debtor which are of an indisputable nature (based on documents confirming the indebtedness of the debtor) or are admitted (not contested) but are non fulfilled or are presented for a sum of up to one hundred base units.

The following claims may not be considered under the procedure of writ proceedings:

concerning vindication by the owner or another lawful possessor of immovable property;

concerning fulfilment of a guarantee obligation (with the exception of a bank guarantee);

concerning fulfilment of an obligation that has arisen out of a contract on assignment of the right of claim or transfer of the debt (with the exception of instances of written admission of the indebtedness by the debtor);

levying on which, in accordance with legislative acts, is carried out by means of performing by the notary of an executive inscription.

The ruling of the court considering economic cases on a court order is an executive document and shall be executed in the order established for execution of court resolutions.

Article 221. Form and contents of statement on initiation of writ proceedings

The statement on initiation of writ proceedings shall be submitted to the court considering economic cases according to the rules of court competence established by Articles 49 – 52 of the present Code.

The statement on initiation of writ proceedings must specify:

name of the court considering economic cases, to which the statement is being submitted;

surname, own name, patronymic (name) of the recoverer and the debtor, their places of residence (places of stay) or location, bank details, contact telephone numbers, faxes and email addresses (if available);

demand of the recoverer with reference to legislative norms;

circumstances on which the demand is based and the evidence confirming these circumstances;

calculation of the sum to be recovered;

list of attached documents.

The statement on initiation of writ proceedings shall be signed by the recoverer or his representative.

The statement to initiate writ proceedings shall be accompanied by the evidence of directing to the debtor of a copy of this statement and copies of the documents attached thereto and directed to the court considering economic cases. The statement on initiation of writ proceedings, signed by a representative, must be accompanied by the power of attorney confirming his powers to sign the statement on initiation of writ proceedings.

Article 2211. Acceptance of statement on initiation of writ proceedings and initiation of writ proceedings

The issue on acceptance by the court considering economic cases of a statement on initiation of writ proceedings shall be decided by a single judge of the court considering economic cases.

Concerning the initiation of writ proceedings, the court considering economic cases shall issue a ruling in which shall indicate to the debtor the need to submit to the court considering economic cases a response to the statement on initiation of writ proceedings, under the procedure provided by part one of Article 223 of the present Code.

The ruling of the court considering economic cases on initiation of writ proceedings shall be sent to the recoverer and the debtor not later than within five days from the day of receipt of the statement on initiation of writ proceedings by the court considering economic cases.

Article 222. Grounds for refusal to accept the statement on initiation of writ proceedings

The court considering economic cases shall refuse to accept the statement on initiation of writ proceedings if:

stated demand is not subject to consideration at the court considering economic cases;

stated demand is not subject to consideration under the procedure of writ proceedings;

debtor is outside the bounds of jurisdiction of the court considering economic cases;

presence of a dispute about a right is revealed, which cannot be resolved on the basis of submitted documents;

statement is submitted with violation of the rules of court competence;

state duty has not been paid on the stated demand;

requirements to the form and contents of the statement, provided by Article 221 of the present Code have not been observed;

documents confirming the stated demand have not been submitted;

evidence confirming direction of a copy of the statement to the debtor has not been enclosed.

Concerning refusal to accept the statement on initiation of writ proceedings, the judge of the court considering economic cases shall make a ruling, not later than five days from the date of receipt of the statement by the court considering economic cases, which may be appealed against under the procedure established by the present Code only on the grounds provided by indents two, three and six of part one of the present Article.

Refusal to accept a statement on initiation of writ proceedings does not deprive the recoverer of the right to apply again with a statement to initiate writ proceedings, after elimination of circumstances having constituted a ground for refusal to accept the statement in accordance with indents six – ten of part one of the present Article.

A refusal to accept the statement on initiation of writ proceedings, with the exception of the instance provided by indent two of part one of the present Article, shall not preclude a possibility of submitting by the recoverer a statement of claim concerning the same demand, under the procedure established by the present Code.

Article 223. Response to the statement on initiation of writ proceedings

The debtor shall submit in case of disagreement with stated demands, within seven days from the day of serving on him of a copy of the statement on initiation of writ, his response thereto to the court considering economic cases with attachment of the documents confirming his objections against the demand of the recoverer.

A failure of the debtor to submit, within the established time limit, a response to the statement on initiation of writ proceedings, and also his consent to the stated demand shall constitute the grounds for the court considering economic cases to issue a ruling on a court order.

Article 224. Refusal to issue a ruling of the court considering economic cases on court order and grounds for transferring the dispute for consideration in adversary proceedings

The court considering economic cases shall refuse to adopt a ruling on the court order if:

the debtor has submitted to the court considering economic cases a response to the statement on initiation of writ proceedings under the procedure established by part one of Article 223 of the present Code;

a statement of the recoverer on retractation of stated demands or statement on recall (return) of the statement on initiation of writ proceedings;

concerning the debtor, a decision on liquidation (termination of activities) has been taken or a case on economic insolvency (bankruptcy) has been initiated and bankruptcy proceedings has been opened.

The ruling on a court order may be issued concerning a part of the stated demand that is recognized, but is not fulfilled by the debtor. Concerning the part not recognized by the debtor, the court considering economic cases shall refuse to issue a ruling on a court order.

The court considering economic cases shall issue a ruling on refusal to issue a ruling on a court order, which shall be directed to the recoverer not later than five days from the day of its adoption.

If, within 15 days after the ruling about refusal to issue a ruling on a court order, the court considering economic cases receives documents from the recoverer that confirm the payment of state duty in the order and the amount established for submission of a statement of claim and a petition for consideration of the case in adversary proceedings, the court considering economic cases shall consider the case according to general rules of adversary proceedings established by the present Code. The petition for consideration of the case in adversary proceedings shall be accompanied by copies of the petition the number of which shall be equal to the number of respondents.

Refusal to issue a ruling of the court considering economic cases on a court order, refusal to satisfy a petition for consideration of the case in adversary proceedings do not preclude the possibility of the recoverer to submit a statement of claim on the same demand under the general procedure established by the present Code.

Article 225. Order of issuance and the contents of a ruling of the court considering economic cases on a court order

The cases under the procedure of writ proceedings shall be considered within the time limit of not more than twenty days from the day of receipt of the statement on initiation of writ proceedings to the court considering economic cases.

When considering a case under the procedure of writ proceedings, the court considering economic cases shall examine written evidence.

The ruling of the court considering economic cases on a court order must specify:

number of writ and date of issuance of the ruling;

name of the court, surname, own name, and patronymic of the judge of the court considering economic cases, who has issued the ruling;

surname, own name, patronymic (name) of the recoverer and the debtor, their places of residence (places of stay) or location;

amount of the monetary means subject to recovery or list of the property subject to collection, with indication of the value thereof;

amount of the penalty, interest, if the recovery thereof is provided by the legislative acts or contract;

sums of court expenses subject to recovery from the debtor to the budget or in favour of the recoverer.

The ruling of the court considering economic cases on a court order shall be made out and signed by the judge of the court considering economic cases in three copies, one of which shall remain in the case file, the second one shall be sent to the debtor, and the third one shall be certified by the stamp seal of the court considering economic cases and handed out to the recoverer.

The ruling of the court considering economic cases on a court order enters into legal force from the moment of issuance.

Article 226. Cancellation of the ruling of the court considering economic cases on a court order

The debtor is entitled, not later than ten days from the day of receipt of the ruling of the court considering economic cases on a court order, to submit to the same court considering economic cases a statement with a substantiated demand to cancel it or to cancel it in part, if he had no opportunity for valid reasons to state on due time his objections to the demands of the recoverer. In this instance, the court considering economic cases shall issue a ruling on cancelling its ruling on a court order or a ruling on canceling its ruling on a court order in part, or a ruling on refusal to cancel the ruling on a court order.

Upon cancellation of the ruling of the court considering economic cases on a court order, the demand of the creditor may be considered under the procedure established by the present Code.

CHAPTER 25
PROCEEDINGS ON CASES ON reviewing LEGALITY OF NON-NORMATIVE LEGAL ACTS, ACTIONS (OMISSION) OF STATE BODIES, BODIES OF LOCAL GOVERMNEMT AND SELF-GOVERNMENT, OTHER BODIES, AND OFFICIALS

Article 227. Submission of statements on contesting a non-normative legal act and on complaining of actions (omission)

A legal person, an individual entrepreneur or a citizen, and also the public prosecutor, are entitled to submit a statement to the court considering economic cases on recognition as invalid of a non-normative legal act of a state body, body of local government and self-government, which does not comply with the legislation and which violates the rights and legitimate interests of legal persons, individual entrepreneurs or citizens, or on appeal against actions (omission) of a state body, body of local government and self-government, or an official, if they consider that the rights and legitimate interests of the legal person, individual entrepreneur or citizen in the sphere of entrepreneurial and other economic activities have been violated, and also that the non-normative legal act being contested, actions (omission) being appealed contradict a legislative or another normative legal act.

Statements provided by part one of the present Article may be submitted to the court considering economic cases within the time limit established by the acts of legislation.

Article 228. Contents of statements on contesting a non-normative legal act and on complaining of actions (omission)

Statements on contesting a non-normative legal act and on complaining of actions (omission) shall meet the requirements established by Articles 159 and 160 of the present Codes and shall additionally contain:

in relation to a non-normative legal act being contested – name of the body, the official, who has issued the act, date of its issuance; indication to what rights and legitimate interests of the legal person, individual entrepreneur or citizen have been violated by this act or its separate provisions, which legislative or other normative legal act is contradicted by the act being contested. The statement shall be accompanied by a copy of the act being contested with indication in which mass media and when this act has been published, if it has ever been published;

in relation to actions (omission) being complained of a body or an official – name of the body, surname, own name and patronymic of the official, who has made the actions (admitted the omission) being complained; the indication to what rights and legitimate interests of the legal person, individual entrepreneur or citizen have been violated by these actions (omission), and requirements of which legislative or other normative legal acts have been violated by these actions (omission).

Submission of the statement on contesting a non-normative legal act to the court considering economic cases, and acceptance thereof for consideration shall not suspend the effect of the non-normative legal act being contested.

Article 229. Consideration of statements on contesting a non-normative legal act and on complaining of actions (omission)

The court considering economic cases shall examine at the judicial session:

competence of the state body, body of local government and self-government, or of the official, who has issued the non-normative legal act, conformity of this non-normative legal act or its contested separate provisions to the legislative and other normative legal acts;

competence of the state body, body of local government and self-government, legal person or official, who has committed the actions (have admitted omission) being complained of, the conformity of these actions (omission) to the requirements of legislative or other normative legal acts.

The court is not bound by the grounds and reasons formulated in the statements on contesting a non-normative legal act or on complaining of actions (omission).

At consideration of the statement on recognition of a non-normative legal act to be contradictory to the legislation, the duty to prove the following shall be imposed on the state body, body of local government and self-government, or the official, who has issued such act:

conformity of this act to a legislative or another normative legal act;

the fact that the state body, body of local government and self-government, or at the official has appropriate powers on issuance of the non-normative legal act being contested.

The duty of proving the legality of actions (omission) of the state body, body of local government and self-government, or the official shall be imposed on the state body, body of local government and self-government, or the official, which have committed the actions (have admitted omission), which are being complained of.

Article 230. Judgments of the court considering economic cases on recognition as invalid of a non-normative legal act or on recognition as illegal of actions (omission) of state body, body of local government and self-government, another body or an official

The court considering economic cases, having established that the non-normative legal act being challenged or actions (omission) being complained of the state body, body of local government and self-government, or the official do not comply with the legislation and violate the rights and legitimate interests of the claimant in the sphere of entrepreneurial and other economic activities, shall adopt its judgment on recognition of the non-normative legal act to be invalid, or on recognition of the actions (omission) of the state body, body of local government and self-government, another body or an official to be illegal.

The court considering economic cases, having recognized the statement as substantiated, shall issue a judgment about the duty of the respective state body, body of local government and self-government, or the official to eliminate in full volume the admitted violation of the rights and legitimate interests of the legal person, individual entrepreneur or citizen.

The judgment of the court considering economic cases shall be sent to the head of the state body, body of local government and self-government, or to the official, whose non-normative legal act or actions (omission) have been contested (complained of), or to a higher state body by way of subordination, or to a higher official for elimination of the admitted violations of the legislation within five days from the day of entry into legal force of the judgment of the court considering economic cases.

The execution of the judgment of the court considering economic cases shall be reported to the court considering economic cases and to the claimant within the time limit of not more than one month from the day of receipt of the judgment.

CHAPTER 251
PROCEEDINGS ON STATEMENTS OF CONTROL (SUPERVISORY) BODIES ON EXTENSION OF SUSPENSION (PROHIBITION) OF THE ACTIVITY

Article 2301. Submission of statement on extension of suspension (prohibition) of the activity

State bodies (their structural divisions rights of a legal person, territorial bodies, subordinate bodies) and other organizations authorized by the legislative acts or normative legal acts of the Government of the Republic of Belarus to exercise control (supervision) over the activities of inspected subjects (organizations, their separate divisions that have the accounting number of the payer, representative offices of foreign organizations, individual entrepreneurs, notaries, and also persons carrying out advocatory activity individually, craft activity, activity in the field of agroecotourism, of temporary (anti-crisis) managers not being legal persons or individual entrepreneurs) and which are included in the List of control (supervisory) bodies with indication of the spheres of control (supervisory) activities, approved by the President of the Republic of Belarus (hereinafter – control (supervisory) bodies), at the request (dictation) of which the activity has been suspended (prohibited), if necessary to extend the time limit of such suspension (prohibition) shall submit a statement on extension of the suspension (prohibition) of the activity to the court considering economic cases.

The statement on extension of the suspension (prohibition) of the activity to the court considering economic cases shall be submitted prior to the expiration of the time limit of the suspension (prohibition) of the activity specified in the request (dictation) of the control (supervisory body).

The statement on extension of the suspension (prohibition) of the activity shall be accompanied by the evidence of directing to the inspected body of a copy of the mentioned statement and copies of documents enclosed thereto and directed to the court considering economic cases.

Article 2302. Contents of statement on extension of suspension (prohibition) of the activity

The statement on extension of the suspension (prohibition) of the activity must comply with the requirements established by Article 159 and indents four and six of part one of Article 160 of the present Code and contain additionally:

name of the inspected subject;

substantiation of the need for extension of the suspension (prohibition) of the activity of the inspected subject with confirmation of constituting a threat to the national security, damage inflicted to the life or health of the population, environment by continuation of the activity being suspended (prohibited);

time limit for which it is being propose to extend (prohibit) the activity;

list of shops (industrial divisions), equipment, extension (prohibition) of the activity of which will prevent a threat to the national security, damage inflicted to the life or health of the population, environment – in case of extension of the suspension (prohibition) of the activity of shops (industrial divisions), equipment;

indication of kinds of goods (works, services), extension of the suspension (prohibition) of production and/or realization of which will prevent a threat to the national security, damage inflicted to the life or health of the population, environment – in case of extension of the suspension (prohibition) of production and/or realization of goods (works, services);

indication of the list of vehicles, extension of the suspension (prohibition) of operation of which will prevent a threat to the national security, damage inflicted to the life or health of the population, environment – in case of extension of the suspension (prohibition) of operation of vehicles.

Article 2303. Time limit for consideration of statement on extension of suspension (prohibition) of the activity

The statement on extension of the suspension (prohibition) of the activity (including in the instances when the inspected subject is the representative office of a foreign organization) must be considered by the court considering economic cases within the time limit of not more than ten days from the day of issuance of the ruling on appointment of the case for court proceedings. In exceptional cases, having regard to a special complexity of the case, the term of consideration of the case may be extended by the chairperson of the court considering economic cases or his deputy up to one month.

Article 2304. Consideration of statement on extension of suspension (prohibition) of the activity

The court considering economic cases shall examine at the judicial session:

competence of the control (supervisory) body which has issued the request (dictation) on suspension (prohibition) of the activity;

grounds for issuance of the request (dictation) on suspension (prohibition) of the activity;

availability of a documentary confirmation of the grounds for extension of the suspension (prohibition) of the activity.

The court considering economic cases is not bound by grounds and arguments contained in the statement on extension of the suspension (prohibition) of the activity.

The duty of proving the availability of powers and grounds for issuance of the request (dictation) on suspension (prohibition) of the activity shall be imposed on the control (supervisory) body which has issued such a request (dictation).

Article 2305. Judgments of the court considering economic cases on statements on extension of suspension (prohibition) of the activity

The court considering economic cases shall, after establishing absence of grounds for extension of the suspension (prohibition) of the activity, issue the judgment on refusal to satisfy the statement on extension of the suspension (prohibition) of the activity.

The court considering economic cases shall, after recognizing the statement on extension of the suspension (prohibition) of the activity as substantiated, issue the judgment on extension of the suspension (prohibition) of the activity in which shall indicated the name of the inspected subject, list of its shops (industrial divisions), equipment, vehicles, kinds of goods (works, services), the extension of the suspension (prohibition) of the activity, operation, production and/or realization of which is aimed at preventing a threat to the national security, infliction of damage to the life or health of the population, environment.

CHAPTER 26
PROCEEDINGS ON CASES ON ESTABLISHING THE FACTS HAVING LEGAL MEANING (JURIDICAL FACTS)

Article 231. Juridical facts to be established by the court considering economic cases

The court considering economic cases shall establish the facts having legal meaning for evolvement, change or termination of rights of legal persons, individual entrepreneurs or citizens in the sphere of entrepreneurial and other economic activities.

The court considering economic cases shall consider case on establishing:

the fact of belonging of immovable property on the right of ownership to a legal person, individual entrepreneur or citizen;

the fact of diligent, open and continuous possession of immovable property or other property as one's own by a legal person, individual entrepreneur or citizen;

the fact of registration of a legal person, individual entrepreneur or citizen at a certain time and at a certain place;

the fact of belonging of a constitutive document, operative in the sphere of entrepreneurial and other economic activities, to a legal person, individual entrepreneur or citizen, if the name of the legal person, or surname, own name and patronymic of the individual entrepreneur or citizen, specified in the document, do not coincide with the name of the legal person in its constituent document, or with the properly registered surname, own name and patronymic of the individual entrepreneur or citizen in its passport or birth certificate;

other facts in the sphere of entrepreneurial and other economic activities, entailing legal consequences for legal persons, individual entrepreneurs or citizens.

Article 232. Submission of statement on establishing a juridical fact

The court considering economic cases shall accept to proceedings and consider at the judicial session a statement for establishing a juridical fact at the presence in aggregate of the following conditions if:

according to the legislation, the fact generates legal consequences that is entails evolvement, change or termination of legal relationships in the sphere of entrepreneurial and other economic activities;

establishment of the juridical fact is not related to the subsequent resolution of a dispute on the right falling within the competence of the court considering economic cases;

the legislation does not provide another (extrajudicial) order for establishment of the given category of juridical facts;

the claimant has no other opportunity to obtain or restore the appropriate documents establishing the juridical fact.

Article 233. Contents of statement on establishing a juridical fact

A statement for establishing a juridical fact shall meet the requirements established by Article 159 and indents two, four-six of part one of Article 160 of the present Code, and additionally contain the following:

indication to the fact on establishment of which the claimant petitions;

indication to the norms of the legislative act, from which it follows that the given fact entails legal consequences in the sphere of entrepreneurial and other economic activities;

substantiation of the necessity of establishing this fact;

evidence confirming impossibility of obtaining by the plaintiff of appropriate evidence or restoration of lost documents by another way.

Article 234. Judgment of the court considering economic cases on the case on establishing juridical fact

The judgment on the case on establishment of a juridical fact shall be adopted by the court considering economic cases according to the rules established by Chapter 21 of the present Code.

When the court satisfies the statement on establishment of the juridical fact, the judgment of the court considering economic cases shall indicate the presence of the juridical fact and shall describe the established fact.

The judgment of the court considering economic cases on establishment of the juridical fact constitutes a document confirming the juridical fact and the ground for registration of such fact or formalization by the respective bodies of rights arising in connection with the established juridical fact, but does not replace by itself the documents issued by these bodies.

CHAPTER 27
PROCEEDINGS ON CONSIDERATION OF ECONOMIC DISPUTES AND OTHERS CASES WITH PARTICIPATION OF FOREIGN PERSONS

Article 235. Competence of the courts considering economic cases in the Republic of Belarus on consideration of economic disputes and other cases with participation of foreign persons

The courts considering economic cases in the Republic of Belarus shall consider economic disputes and other cases related to realization of entrepreneurial and other economic activities with participation of foreign persons if:

respondent remains or resides in the territory of the Republic of Belarus, or his property is in the territory of the Republic of Belarus;

governing body, branch or representative office of the foreign person are located in the territory of the Republic of Belarus;

dispute has arisen from a contract under which execution must take place or have taken place in the territory of the Republic of Belarus;

demand has arisen from damage caused to the property by an action or another circumstance, which have taken place in the territory of the Republic of Belarus, or upon occurrence of the damage in the territory of the Republic of Belarus;

dispute has arisen from unjustified enrichment which had place in the territory of the Republic of Belarus;

plaintiff on the case on protection of business reputation remains in the Republic of Belarus;

dispute has arisen from the relations connected with circulation of securities, emission of which took place in the territory of the Republic of Belarus;

claimant on the case on establishment of the fact having legal meaning indicates to the presence of this fact in the territory of the Republic of Belarus;

dispute has arisen from the relations connected to the state registration of names and other objects and rendering services in the international association of Internet networks in the territory of the Republic of Belarus;

in other cases – at the presence of a close connection of the disputable legal relationship with the territory of the Republic of Belarus.

Cases on termination of the activity of an affiliate or representative office of a foreign person, located in the territory of the Republic of Belarus, shall be considered by the courts considering economic cases in the Republic of Belarus in the instances when it is provided by the legislative acts and treaties of the Republic of Belarus.

The courts considering economic cases in the Republic of Belarus shall consider cases on economic disputes and other cases related to carrying out entrepreneurial and other economic activities with participation of foreign persons, and referred according to Article 236 of the present Code to their exclusive competence.

The courts considering economic cases in the Republic of Belarus shall consider also the cases in accordance with an agreement of the parties, concluded according to the rules established by Article 237 of the present Code.

The case accepted by the court considering economic cases for consideration with observance of the rules established by the present Article shall be considered by it on the merits even, if during the proceedings on the case, in connection with change of the location and/or residence of the persons participating in the case or other circumstances, it has begun referring to the competence of the foreign court.

Article 236. Exclusive competence of the courts considering economic cases in the Republic of Belarus on consideration of cases with participation of foreign persons

Consideration of the following cases with participation of foreign persons shall refer to the exclusive competence of the courts considering economic cases in the Republic of Belarus:

concerning disputes in relation to the property being in the state ownership of the Republic of Belarus, including disputes related to the privatization of the state property and forced alienation of the property for state needs;

concerning disputes the subject matter of which is immovable property if it is located in the territory of the Republic of Belarus, including on establishment of the fact of possession or a right thereto;

concerning disputes on recognizing as invalid records in state registers (cadastres), made by a state body of the Republic of Belarus within the competence of which falls the maintaining of such a register (cadastre);

concerning disputes related to establishment, registration or liquidation in the territory of the Republic of Belarus of legal persons and individual entrepreneurs, and also to appealing against decisions of bodies of these legal persons;

concerning economic insolvency (bankruptcy) of legal persons and individual entrepreneurs the place of location or residence of which is the Republic of Belarus;

concerning disputes on exclusion of the property from the inventory or its release from arrest if the arrest of the property has been made by a respective state body of the Republic of Belarus;

concerning disputes related to recognition as invalid of non-normative legal acts of state bodies, bodies of local government and self-government of the Republic of Belarus.

The exclusive competence of the courts considering economic cases in the Republic of Belarus shall also include economic disputes and other cases, arising from administrative legal relationships provided by Article 42 of the present Code, with participation of foreign persons.

Article 237. Agreement on determination of competence of the courts considering economic cases in the Republic of Belarus

If the parties, at least one of which is a foreign person , have concluded an agreement, which has determined that the court considering economic cases in the Republic of Belarus has the competence on consideration of a dispute, arisen or to be arisen, related to carrying out by them of entrepreneurial and other economic activities, the court considering economic cases in the Republic of Belarus shall have the exclusive competence on consideration of the given dispute provided that such agreement does not change the exclusive competence of the foreign court.

The agreement on determining the competence of the courts considering economic cases in the Republic of Belarus shall be concluded in writing.

Article 238. Competence of the courts considering economic cases of the Republic of Belarus on application of security measures at consideration of cases with participation of foreign persons

Concerning cases with participation of foreign persons, referred according to the present Chapter to the competence of the courts considering economic cases in the Republic of Belarus, the court considering economic cases in the Republic of Belarus is entitled to take measures on securing the claim according to the rules established by Chapter 9 of the present Code.

Article 239. Judicial immunity

A foreign country acting in the capacity of the sovereign has judicial immunity against the claim submitted toward it at the court considering economic cases, its attraction to participation in the case as a third person, imposing arrest on the property belonging to a foreign state and located in the territory of the Republic of Belarus, and taking in relation to it by the court considering economic cases of measures to secure the claim and property interests. Application of recovery on such property by way of enforced execution of the court resolution is allowed only with the consent of competent bodies of the corresponding state, unless otherwise provided by the legislative acts or treaties of the Republic of Belarus.

The judicial immunity of international organizations is defined by treaties of the Republic of Belarus.

Abandonment of the judicial immunity shall be carried out under the procedure established by the legislation of the corresponding country, or rules of the international organization. In case of formalization of abandonment of the immunity, the court considering economic cases in the Republic of Belarus shall consider the case under the procedure established by the present Code.

Article 240. Procedural consequences of consideration by a foreign court of the case on the dispute between same persons, on same subject matter and on the same grounds

The court considering economic cases in the Republic of Belarus shall leave the claim without consideration according to the rules established by Chapter 16 of the present Code if a foreign court is considering a case on the dispute between the same persons, on the same subject matter, and on the same grounds, provided that the consideration of the given case in accordance to Article 236 of the present Code does not refer to the exclusive competence of the courts considering economic cases in the Republic of Belarus.

The court considering economic cases in the Republic of Belarus shall terminate the proceedings of the case according to the rules established by Chapter 15 of the present Code if there is a judgment of a foreign court, which has entered into legal force, adopted on the dispute between the same persons, on the same subject matter, and on the same grounds, provided that the consideration of the given case in accordance with Article 236 of the present Code does not refer to the exclusive competence of the courts considering economic cases in the Republic of Belarus or there are no grounds in accordance with Article 248 of the present Code, to reject recognition and enforcement of the above judgment.

Article 241. Order of consideration cases with participation of foreign persons

Cases with participation of foreign persons shall be considered by the court considering economic cases in the Republic of Belarus according to the rules established by the present Code, having regard to the peculiarities provided by the present Chapter, unless otherwise established by a treaty of the Republic of Belarus.

Cases with participation of foreign persons, if these persons or bodies of their management, affiliates, representative offices or their representatives, authorized to conduct the case, remain or reside in the territory of the Republic of Belarus, shall be considered within the time limits established by the present Code.

If foreign persons participating in the case considered by the court considering economic cases in the Republic of Belarus remain or reside outside the Republic of Belarus, they shall be notified on the court proceedings by a ruling of the court considering economic cases by means of direction of the commission to an establishment of justice or another competent body of the foreign country. In such cases, the consideration of the case shall be extended by the court considering economic cases for the time limit established by a treaty of the Republic of Belarus for direction of commissions to an establishment of justice or another competent body of the foreign state, and in the absence of such time limit in the treaty or in the absence of the said treaty – for the time limit of not more than six months.

Article 242. Procedural rights and procedural duties of foreign legal persons, foreign citizens and stateless persons

Foreign legal persons, foreign citizens and stateless persons shall enjoy procedural rights and bear procedural duties on equal terms with legal persons, individual entrepreneurs and citizens of the Republic of Belarus.

Foreign legal persons, foreign citizens and stateless persons have the right to apply to the courts considering economic cases in the Republic of Belarus according to the rules of jurisdiction and competence established by the present Code, with the aim to defend their violated or challenged rights and legitimate interests in the sphere of entrepreneurial and other economic activities.

Foreign legal persons, foreign citizens and stateless persons participating in the case must present to the court considering economic cases the evidence confirming their legal status and the right to carry out entrepreneurial and other economic activities. In case of non-submission of such evidence the court considering economic cases is entitled to request it on its own initiative.

The Government of the Republic of Belarus may introduce reciprocal restrictions (retorsions) in relation to the rights of citizens and legal persons of those countries in which there are special restrictions of the rights of citizens and legal persons of the Republic of Belarus.

Article 243. Requirements to documents of foreign origin

Documents issued, made or certified according to the established form by competent bodies of foreign states outside the Republic of Belarus according to the legislation of foreign states in relation to legal persons, individual entrepreneurs and citizens of the Republic of Belarus or foreign legal persons, foreign citizens and stateless persons shall be accepted by the courts considering economic cases in the Republic of Belarus if there is their legalization or stamping with the apostille, unless otherwise established by a treaty of the Republic of Belarus.

Documents drawn up in a foreign language, at presentation to the court considering economic cases in the Republic of Belarus, shall be accompanied by a properly certified translation thereof into one of the state languages of the Republic of Belarus.

Article 244. Commissions on fulfillment of certain procedural actions

The court considering economic cases shall execute commissions of foreign courts and competent bodies of foreign states on execution of certain procedural actions (service of summons and other documents, obtaining of written evidence, holding expert examinations, inspections at the place, etc.), transferred to it under the procedure established by the legislative acts and/or treaties of the Republic of Belarus.

The commission of a foreign court or competent body of a foreign state is not subject to execution if:

execution of the commission contradicts the public order of the Republic of Belarus;

execution of the commission does not fall within the competence of the court considering economic cases in the Republic of Belarus;

authenticity of the commission as a document on the basis of which execution of a certain procedural actions is requested has not been established.

A ruling shall be issued by the court considering economic cases about acceptance for execution of a commission of the foreign court on rendering legal assistance in the territory of the Republic of Belarus.

Concerning execution by the court considering economic cases of a commission or refusal to execute is, rulings shall be issued, which shall be sent to a respective foreign court or competent body of the foreign state.

Rulings on execution by the court considering economic cases of a commission or on refusal to execute it may be appealed against under the procedure established by the present Code.

The courts considering economic cases in the Republic of Belarus may apply, in the established order, to foreign courts or competent bodies of foreign states with commissions on performance of certain procedural actions.

CHAPTER 28
PROCEEDINGS ON CASES ON RECOGNITION AND ENFORCEMENT OF JUDGMENTS OF FOREIGN COURTS AND FOREIGN ARBITRAL AWARDS

Article 245. Recognition and enforcement of judgments of foreign courts and foreign arbitral awards

Judgments of foreign courts and foreign arbitral awards are recognized and enforced by the courts considering economic cases in the Republic of Belarus if the recognition and enforcement of such judgments (awards) are provided by the legislation or a treaty of the Republic of Belarus, or on the basis of reciprocity.

The issues of recognition and enforcement of a judgment of the foreign court or of a foreign arbitral award shall be resolved by the court considering economic cases upon a statement of a party of the dispute considered by the foreign court or of a party of the arbitration proceedings.

Article 246. Statements for recognition and enforcement of a judgment of the foreign court or a foreign arbitral award

Statement on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award shall be submitted by the recoverer to the court considering economic cases in the Republic of Belarus at the location or residence of the debtor or at the location of the property of the debtor if the location or residence of the latter is unknown.

Statements for recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award shall be submitted in writing and shall be signed by the recoverer or its representative.

Statements for recognition and enforcement of the decision of a foreign court or a foreign arbitration award shall specify:

name of the court considering economic cases, to which the statement is being submitted;

name and location of the foreign court which has adopted the judgment or the name, location and composition of the foreign international arbitration court (court of arbitration) which has adopted the award;

name of the recoverer, place of his location or residence;

name of the debtor, place of his location or residence;

data on the judgment of the foreign court or on the foreign arbitral award, on recognition and enforcement of which the recoverer is petitioning;

demand on recognition and enforcement of a decision of a foreign court or a foreign arbitration award;

list of attached documents.

Statements on recognition and enforcement of the judgment of a foreign court, or of a foreign arbitral award may also specify telephone numbers and/or fax numbers, E-mail addresses of the recoverer, the debtor, of their representatives, and other data.

Unless otherwise established by a treaty of the Republic of Belarus, the statement on recognition and enforcement of the judgment of the foreign court shall be accompanied by:

a properly certified copy of the judgment of the foreign court, on recognition and enforcement of which the recoverer is petitioning;

a properly certified document confirming the entry into legal force of the judgment of the foreign court or confirming that it is subject to enforcement before its entry into legal force, unless it is specified in the text of the judgment;

a properly certified document confirming that the debtor has been in due time properly informed on the proceedings of the case in the foreign court, on recognition and enforcement of which the recoverer is petitioning;

a properly certified power of attorney or another document, confirming the powers of the person who has signed the statement;

a document confirming the direction to the debtor of a copy of the statement on recognition and enforcement of the judgment of the foreign court;

a properly certified translation of the documents specified in indents two-six of the present part into one of the state languages of the Republic of Belarus.

Unless otherwise established by a treaty of the Republic of Belarus, the statement on recognition and enforcement of the foreign arbitral award shall be accompanied by:

a properly certified original foreign arbitral award or a properly certified copy thereof;

an original agreement on arbitration proceedings or a properly certified copy thereof;

a properly certified translation of the documents specified in indents two and three of the present part into one of the state languages of the Republic of Belarus.

Statements on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award shall be also accompanied by a document confirming the payment of the state duty.

Documents specified in the present Article shall be recognized to be properly certified if they comply with the requirements of Article 243 of the present Code.

The court considering economic cases shall return to the recoverer statements on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award without consideration in case of non-observance of the requirements to the statements, established by the present Article.

Article 247. Order of consideration of statements for recognition and enforcement of the judgment of a foreign court or a foreign arbitral award

Statements on recognition and enforcement of the judgment of a foreign court, or of a foreign arbitral award shall be considered at the judicial session by the judge of the court considering economic cases individually within the time limit of not more than one month from the day of their receipt by the court considering economic cases, according to the rules established by the present Code, having regard to the peculiarities established by the present Chapter, unless otherwise established by a treaty of the Republic of Belarus.

The court considering economic cases shall notify the persons participating in the case on the time and place of holding the judicial session. Non-appearance of the said persons properly informed on the time and place of holding the judicial session shall not preclude the consideration of the case.

At consideration of the case, the court considering economic cases at the judicial session shall establish the presence or absence of the grounds to recognize and enforce the judgment of a foreign court or a foreign arbitral award, provided by Article 248 of the present Code, by examination of evidence of substantiation of the stated demands and objections submitted to the court considering economic cases.

At consideration of the case, the court considering economic cases is not entitled to reconsider the judgment of the foreign court or the foreign arbitral award on the merits.

Article 248. Grounds for refusal to recognize and enforce the judgment of a foreign court or a foreign arbitral award

The court considering economic cases shall refuse to recognize and enforce the judgment of a foreign court in whole or in part if:

the judgment, according to law of the state in the territory of which it has been adopted, has not entered into legal force, if a treaty of the Republic of Belarus does not allow recognition and enforcement of a judgment before its entry into legal force;

the party against which the judgment has been adopted has not been in due time properly informed on the time and place of consideration of the case or for other reasons could not present his explanations to the court;

consideration of the case, in accordance with the legislation or a treaty of the Republic of Belarus, refers to the exclusive competence of the court in the Republic of Belarus;

there is a judgment of the court in the Republic of Belarus, which has entered its legal force, adopted on the dispute between the same persons, on the same subject matter, and on the same grounds;

a case is under consideration of the court in the Republic of Belarus on the dispute between the same persons, on the same subject matter, and on the same grounds, the proceedings on which has been initiated prior to initiation of the proceedings on the case at the foreign court, or if the court in the Republic of Belarus was the first to accept to its proceedings the statement on the dispute between the same persons, on the same subject matter, and on the same grounds;

the limitation period has expired on enforcement of the judgment of a foreign court, and this period was not restored by the court considering economic cases;

execution of the judgment of a foreign court would contradict the public order of the Republic of Belarus.

The court considering economic cases shall refuse to recognize and enforce the foreign arbitral award, in whole or in part, on the grounds provided by indent eight of part one of the present Article, unless otherwise established by a treaty of the Republic of Belarus.

Article 249. Ruling of the court considering economic cases on cases on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award

The court considering economic cases shall issue rulings based on the results of consideration of statements on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award.

Rulings of the court considering economic cases on cases on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award shall contain:

name and location of the foreign court which has adopted the judgment or the name, location and composition of the international arbitration court (court of arbitration) which has adopted the award;

names the recoverer and the debtor;

data on the judgment of the foreign court or on the foreign arbitral award, on recognition and enforcement of which the recoverer is petitioning;

indication to recognition and enforcement of the judgment of the foreign court or of the foreign arbitral award or to refusal to recognize and enforce the judgment of the foreign court or the foreign arbitral award.

Rulings of the court considering economic cases on the cases on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award enter into legal force from the moment of their issuance and may be appealed against to the court of cassation or supervising instance under the procedure established by the present Code.

Article 250. Enforcement of the judgment of a foreign court or of a foreign arbitral award

Enforcement of the judgment of a foreign court or of a foreign arbitral award shall be made under the procedure established by the present Code, on the basis of execution documents issued by the court considering economic cases, which has issued rulings on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award.

The judgment of a foreign court or a foreign arbitral award may be submitted for enforcement within the time limit of not more than three years from the day of their entry into legal force. If the specified time limit has been missed, it may be restored by the court considering economic cases on a petition of the recoverer according to the rules established by Chapter 12 of the present Code.

CHAPTER 29
PROCEEDINGS ON CASES ON APPEAL AGAINST AWARDS OF INTERNATIONAL ARBITRATION COURTS (COURTS OF ARBITRATION), OTHER PERMANENT ARBITRATION BODIES, LOCATED IN THE TERRITORY OF THE REPUBLIC OF BELARUS AND ON ISSUANCE OF EXECUTION DOCUMENT

Article 251. Court considering economic cases which cancels awards of international arbitration courts (courts of arbitration), courts of arbitration, other permanent arbitration bodies

The court considering economic cases which cancels awards of international arbitration courts (courts of arbitration), courts of arbitration, other permanent arbitration bodies shall be the economic court of a region (the city of Minsk) at the place of location of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, which have issued the award.

Article 252. Time limit for statement on cancellation of the award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body

A petition on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body may be submitted within three months from the day when the party submitting such a petition has obtained the said award, or from the day of issuance by the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body of awards on a petition on correction in the said award of made slips of pen, typing errors and arithmetic mistakes or other mistakes of similar nature or on interpretation of a particular point or part of the award.

A petition on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, declared upon expiration of the time limit for its submission shall be returned to the person who has submitted it.

Concerning return of the petition, the court considering economic cases shall issue a ruling, not later than five days from the day of its receipt by the court, which may be appealed against under the procedure established by the present Code.

The time limit for submission of a petition on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body may be restored by the court considering economic cases in the instances and in the order, provided by the present Code.

Article 253. Form and contents of statement on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body

A petition on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall be stated by the party in the case, considered by the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body , in writing.

Petition on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall specify:

name of the court considering economic cases, to which the petition is being stated;

name, location and composition of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, which adopted the award;

names of the parties of the arbitration proceedings and the place of location or residence thereof;

number of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration the date and place of its issuance;

date of receipt of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration by the party who has submitted the petition on its cancellation;

demand on cancellation of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body;

grounds for cancellation of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, provided by Article 255 of the present Code or a treaty of the Republic of Belarus.

The petition on cancellation of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall be signed by the person, who has moved the petition or his representative.

Petition on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall be accompanied by:

copies of the petition in the number equal to the number of parties of the arbitration proceedings;

a notarially certified copy of the award of the international arbitration court (court of arbitration), court of arbitration for consideration of an individual dispute or a copy of the award of a international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, certified by the chairperson of the corresponding international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body;

document confirming payment of the state duty;

a power of attorney confirming the powers of the representative of the person to sign the petition.

The petition submitted in violation of the requirements to its form and contents, established by the present Article, shall be returned to the person who has submitted it.

Concerning return of the petition, the court considering economic cases shall issue a ruling, not later than five days from the day of its receipt by the court, which may be appealed against under the procedure established by the present Code.

Article 254. Consideration of petition on cancellation of the award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body

A petition on cancellation of the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall be considered by the court at the judicial session with requesting the case.

The international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body are obliged to send the case to the court considering economic cases not later than five days from the day of receipt of the request of the court considering economic cases to the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body.

When considering the petition on cancellation of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, the court considering economic cases shall check, within the limits of the demands presented in the petition and submitted evidence, the observance of the provisions provided by Article 255 of the present Code by the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body when making the award. The court considering economic cases is not entitled to examine the circumstances established by the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body or to reconsider the award of this court on the merits.

When considering the petition on cancellation of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, the court considering economic cases shall check, irrespective of the grounds specified by the party for cancellation, the conformity of the said award to the requirements established by part three of Article 255 of the present Code.

Article 255. Appeal against award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, and the grounds for its cancellation

Appeal against the award of an international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body may be performed made only by stating a petition to the court considering economic cases on its cancellation on the bases provided by parts two and three of the present Article.

An award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body may be cancelled by the court considering economic cases on the grounds provided by the legislative acts of the Republic of Belarus on international arbitration courts (courts of arbitration). An award of the court of arbitration may be cancelled by the court considering economic cases on the grounds provided by the legislative acts of the Republic of Belarus on courts of arbitration.

An award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body may be cancelled also in the instances if the subject matter of the dispute may not be the subject matter of arbitration (court-of-arbitration) procedure according the legislation of the Republic of Belarus or if the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body contradicts the public order of the Republic of Belarus.

When a petition on cancellation of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body has been stated, the court considering economic cases is entitled, upon a petition of one of the parties, to adjourn the consideration of this petition by the period fixed by it, in order to give the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body an opportunity to renew the proceedings of the case or to execute other actions which, in the opinion of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, will allow to eliminate the grounds for cancellation of the arbitral (court-of-arbitration) award.

Article 256. Ruling of the court considering economic cases on the case on appeal against an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body

The court considering economic cases shall issue a ruling based on the results of consideration of the petition on cancellation of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body.

The ruling of the court considering economic cases on the case on appeal against an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall contain:

data about the award being appealed and on the place of its adoption;

data on the name and composition of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, which adopted the award being appealed;

names of the parties of the arbitration (court-of-arbitration) proceedings;

indication to the cancellation of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, in whole or in part, or to refusal to satisfy the demand of the claimant in whole or in part.

The cancellation of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body does not preclude a repeated address to the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body by the parties of the arbitration (court-of-arbitration) proceedings, if a possibility of such appeal is not lost, or to the court considering economic cases according to the rules established by the present Code.

If the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body has been cancelled by the court considering economic cases because of invalidity of the arbitration (court-of-arbitration) agreement or if the award was adopted on the dispute which has not been provided by the arbitration (court-of-arbitration) agreement or, if the award does not fall under conditions of the arbitration (court-of-arbitration) agreement, or if the award contains resolutions on the issues, which are not covered by the arbitration (court-of-arbitration) agreement, the parties of the arbitration proceedings may apply for settling the dispute to the court considering economic cases according to the rules established by the present Code.

A ruling of the court considering economic cases on the case on the appeal against the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body court may be appealed against under the procedure established by the present Code.

Article 257. Form and contents of statement on issuance of execution document for enforcement of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body

A statement on issuance of the execution document for enforcement of an award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body in case when of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body is not fulfilled voluntarily shall be submitted by the legal person or individual entrepreneur, in favour of whom the award has been made, to the court considering economic cases at the location or residence of the debtor or at the location of the property of the debtor if the location or residence of the debtor is not known.

The application on issuance of the execution document for enforcement of an award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall specify:

name of the court considering economic cases, to which the statement is being submitted;

name, location and composition of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, which adopted the award;

names of the parties of the arbitration proceedings and the place of location or residence thereof;

number of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration the date and place of its issuance;

demand for issuance of the execution document for enforcement of an award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body.

The application on issuance of the execution document for enforcement execution of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall be signed by the person, who is submitting it, or by his representative.

The statement for issuance of the execution document for enforcement of an award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall be accompanied by:

original or a notarially certified copy of the award of the international arbitration court (court of arbitration), court of arbitration for consideration of an individual dispute, original or a copy of the award of a international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, certified by the chairperson of the corresponding international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body;

original or a properly certified copy of the arbitration (court-of-arbitration) agreement;

document confirming payment of the state duty;

evidence confirming the fact of non-fulfillment by the other party on the case of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body within the time limit established therein;

a power of attorney confirming the powers of the representative of the person to sign the statement.

A statement for issuance of the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body may be submitted within six months from the date of termination of the term of voluntary execution of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body.

The application on issuance of the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, submitted after expiration of the time limit for its submission, and also in violation of the requirements to its form and contents, established by the present Article, shall be returned to the person who has submitted it.

Concerning return of the statement, the court considering economic cases shall issue a ruling, not later than five days from the day of its receipt by the court, which may be appealed against under the procedure established by the present Code.

The time limit for submission of the application on issuance of the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body may be restored by the court considering economic cases in the instances and in the order, provided by the present Code.

Article 258. Issuance of the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body

The issue on issuance of the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body on the dispute, which has arisen from civil legal relationships while carrying out entrepreneurial and other economic activities, shall be considered by the court considering economic cases upon a statement of the party of the arbitration proceedings, in favour of whom the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body has been adopted.

Article 259. Order of consideration of statement on issuance of execution document for enforcement of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body

The statement for issuance of the execution document for enforcement of an award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall be considered by the judge of the court considering economic cases individually within the time limit of not more than one month from the day of its receipt by the court considering economic cases.

At preparation of the case for court proceedings, on a petition of the persons participating in the case, the judge is entitled to request from the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body the materials of the case on which the execution document is being requested, according to the rules established by the present Code for requesting evidence.

The court considering economic cases shall properly notify the parties of the arbitration (court of arbitration) proceedings on the time and place of holding the judicial session. Non-appearance of the parties properly notified on the time and place of holding the judicial session shall not preclude the consideration of the statement on issuance of the execution document for enforcement of an award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body.

When considering the statement for issuance of the execution document for enforcement of an award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, the court considering economic cases shall, at the judicial session, establish the presence or absence of the grounds to issue the execution document for enforcement of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, provided by Article 260 of the present Code, through examination of the evidence of substantiation of the stated demands and objections, submitted to the court considering economic cases.

If in the cases provided by indent six of part one of Article 260 of the present Code, at consideration of the court considering economic cases there are petitions on cancellation or on suspension of execution of the award of international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, the court considering economic cases which considers the statement for issuance of the execution document for enforcement of this award, should it recognize it to be expedient, is entitled, on a petition of the party, who has submitted the statement for issuance of the execution document, to adjourn the consideration of this statement, and also to oblige the other party to provide an appropriate security according to the rules established by the present Code.

Article 260. Grounds for refusal to issue an execution document for enforcement of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body

The court considering economic cases is entitled to refuse to issue the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, if the party of the arbitration (court-of-arbitration) proceedings, against whom the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body has been adopted, presents the evidence that:

arbitration (court-of-arbitration) agreement is invalid on the grounds provided by the law;

at least one of the parties has not been properly notified on the selection (appointment) of arbitrators or about the arbitration (court-of-arbitration) proceedings, including on the time and place of holding the session of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, or for other valid reasons could not present his explanations to the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body;

the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body has been adopted on the dispute, which is not provided by the arbitration (court-of-arbitration) agreement or which does not fall under its conditions, or contains resolutions on the issues, exceeding the bounds of the arbitration (court-of-arbitration) agreement. If in the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, resolutions on the issues covered by the arbitration (court-of-arbitration) agreement may be separated from those not covered by such an agreement, the court considering economic cases is entitled to issue the execution document only on that part of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, which contains resolutions on the issues covered by the arbitration (court-of-arbitration) agreement;

composition of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body or the procedure of the arbitration (court-of-arbitration) proceedings of the case did not comply with the agreement of the parties or with the legislation;

the award has not yet become binding for the parties of the arbitration (court-of-arbitration) proceedings or has been cancelled, or its execution has been suspended by the court considering economic cases.

The court considering economic cases shall refuse to issue the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body if it establishes that:

the dispute considered by the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body may not be a subject matter of arbitration (court-of-arbitration) proceedings in accordance with the legislation of the Republic of Belarus;

the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body violates the fundamental principles of the law of the Republic of Belarus.

The court considering economic cases is also entitled to refuse to issue the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body on other grounds provided by the legislative acts of the Republic of Belarus.

Article 261. Ruling of the court considering economic cases on the case on issuance on issuance of the execution document for enforcement of award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body

The court considering economic cases shall make a ruling based on the results of consideration of the statement for issuance of the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body.

The ruling of the court considering economic cases on issuance of the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body shall contain:

data on the name and composition of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body;

names of the parties of the arbitration (court-of-arbitration) proceedings;

data about the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body for the issuance of the execution document for enforcement of which the claimant is petitioning;

indications to issuance of the execution document for enforcement of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body or to refusal in issuance of the execution document.

Refusal to issue an execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body does not preclude a repeated appeal to the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, if the opportunity of such appeal is not lost, or to the court considering economic cases according to the rules established by the present Code.

If the issuance of an execution document for enforcement of the award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body, in whole or in part, has been refused by the court considering economic cases because of invalidity of the arbitration (court-of-arbitration) agreement or if the award was adopted on the dispute which has not been provided by the arbitration (court-of-arbitration) agreement or, if the award does not fall under conditions of the arbitration (court-of-arbitration) agreement, or if the award contains resolutions on the issues, which are not covered by the arbitration (court-of-arbitration) agreement, the parties of the arbitration (court-of-arbitration) proceedings may apply for settling the dispute to the court considering economic cases, according to the rules established by the present Code.

The ruling of the court considering economic cases on the case on issuance of the execution document for enforcement of an award of the international arbitration court (court of arbitration), court of arbitration, other permanent arbitration body may be appealed against under the procedure established by the present Code.

Article 262. [Excluded]

Article 2621. Form and contents of the statement for issuance of the execution document for enforcement of a mediation agreement

A statement on issuance of the execution document for enforcement of a mediation agreement, complying with requirements of the present Code on amicable agreement, in case the mediation agreement is not fulfilled voluntarily, shall be submitted by the interested party of the mediation agreement to the court considering economic cases at the place of location or place of residence (stay) of the debtor or the place of location of the debtor's property, if his place of location or place of residence (stay) is unknown.

The statement for issuance of the execution document for enforcement of a mediation agreement shall specify:

name of the court considering economic cases, to which the statement is being submitted;

surnames, own names, patronymics (names) of the parties to the mediation agreement, their place of residence (place of stay) or location, contact telephones, faxes and email addresses (if available);

surname, own name, patronymic of the mediator, his place of stay, contact telephones, faxes and email addresses (if available);

demand for issuance of the execution document for enforcement of the mediation agreement.

The statement for issuance of the execution document for enforcement of a mediation agreement shall be accompanied by:

original of the mediation agreement;

evidence proving the fact of non-fulfillment by the other party of the mediation agreement within the period established therein;

a power of attorney confirming the powers of the representative of the person to sign the statement.

The statement for issuance of the execution document for enforcement of a mediation agreement and attached documents may be submitted to the court considering economic cases in electronic form.

The statement for issuance of the execution document for enforcement of a mediation agreement may be submitted within six months from the day of expiration of the voluntary execution of the mediation agreement.

The statement for issuance of the execution document for enforcement of a mediation agreement submitted upon the expiration date for its submission, as well as in violation of the requirements to its form and contents, established by the present Article, shall be returned to the person who submitted it.

On the return of the statement for issuance of the execution document for enforcement of a mediation agreement, the court considering economic cases shall, not later than five days from the day of its receipt by the court, issue a ruling that may be appealed in the order established by the present Code.

The time limit for submission of the statement for issuance of the execution document for enforcement of a mediation agreement may be restored by the court considering economic cases in the instances and order, provided by the present Code.

Article 2622. Order of consideration of the statement for issuance of the execution document for enforcement of a mediation agreement

Statement on issuance of the execution document for enforcement of a mediation agreement shall be considered at the judicial session by the judge of the court considering economic cases individually within the time limit of not longer than one month from the day of its receipt by the court considering economic cases, including the time limit for issuance of the ruling of the court considering economic cases to the rules, established by the present Code.

The parties to the mediation agreement shall be informed on the time and place of holding the judicial session. Non-appearance of the parties, dully notified on the time and place of the judicial session, does not preclude consideration of the statement for issuance of the execution document for enforcement of the mediation agreement.

On the results of consideration of the statement for issuance of the execution document on enforcement of a mediation agreement, the court considering economic cases shall make a ruling which may be appealed in the order, established by the present Code.

Article 2623. Refusal to issue execution document for enforcement of a mediation agreement

The court considering economic cases shall refuse to issue the execution document for enforcement of a mediation agreement if it has established that conditions of the mediation agreement contradict the requirements of the present Code on amicable agreement.

Refusal to issue the execution document for enforcement of a mediation agreement does not preclude the recourse to the court considering economic cases under the rules established by the present Code.

CHAPTER 30
OTHER KINDS OF PROCEEDINGS IN THE COURT CONSIDERING ECONOMIC CASES OF FIRST INSTANCE

Article 263. [Excluded]

Article 264. [Excluded]

Article 265. Proceedings on cases on economic inconsistency (bankruptcy)

Cases on economic insolvency (bankruptcy) of legal persons and individual entrepreneurs shall be considered by the court considering economic cases according to the rules established by the present Code, having regard to the peculiarities provided by the legislative acts on economic insolvency (bankruptcy).

Article 266. Proceedings on cases on complaints on notarial actions or refusal to execute them

Persons who have applied for fulfillment of a notarial action and considering an executed notarial action to be wrong or a refusal to execute it to be wrongful, and also the persons whose interests have been restrained in connection with execution of a notarial action, are entitled to submit a complaint to the court considering economic cases at the location of the respective notary's office, notary's bureau or other body the official of which has been granted, in accordance with legislative acts, the right to execute notarial actions

Complaints on a wrong certification of a will (testament) or to refusal to certify such by the captain of a sea vessel or a vessel of the internal navigation, sailing under the state flag of the Republic of Belarus, shall be submitted to the court at the vessel's home port or at the place of registration of the vessel in the Republic of Belarus.

The complaint shall be submitted to the court not later than ten days after the day when the claimant gets knowledge of the executed notarial action or about the refusal of its execution.

The complaint shall be considered by the judge of the court considering economic cases with participation of the plaintiff and the notary or the official, who has made the appealed notarial action, or who has refused to execute the notarial action. Non-appearance of the mentioned persons shall not preclude the resolution of the case.

Article 2661. Proceedings on cases arising out of administrative and others public legal relationships

Cases arising out of administrative and others public legal relationships shall be considered by the court considering economic cases according to the rules established by the present Code for certain kinds of proceedings.

Article 2662. Proceedings on cases on complaints on responses to applications of legal persons, individual entrepreneurs and citizens

A legal person, individual entrepreneur or citizen may apply to the court considering economic cases with a complaint on the response of an organization (individual entrepreneur) to an application, decision on leaving the application without consideration, response to a complaint to a superior organization if they believe that their rights and legitimate interests in the sphere of entrepreneurial and other economic activities have been violated.

Complaint on the response to an application must correspond to the requirements established by Article 159 and indents two, four-six of part one of Article 160 of the present Code, and additionally contain the name of the organization (surname, own name, patronymic (if available) of the individual entrepreneur) which has given the response to the application, date of the response to the application, indication to which rights and legitimate interests have been violated by this response or its separate provisions, requirements of which legislative or other normative legal act have been violated by this response. Complaint shall be accompanied by the a copy of the response to the application, which is being appealed against.

Complaint on the response to an application may be submitted to the court considering economic cases not later than within one month from the day of receipt by the claimant of the response a higher organization to the application (in the absence of mandatory pre-trial order of appealing – from the day of receipt by the claimant of the response of the organization (individual entrepreneur)) or from the day of expiration of a one-month period after the submission of the complaint on the response to a higher organization if the claimant has not received a response thereto.

The time limit for submission of the complaint on the response to the application, missed for valid reasons, may be restored by the court.

Complaint on the response to an application shall be considered by the court considering economic cases with notification of the persons participating in the case. Non-appearance of properly informed persons participating in the case shall not preclude the consideration of the complaint in their absence.

The court considering economic cases shall issue a judgment based on the results of consideration of the complaint on the response to the application.

The court considering economic cases shall, after recognizing the response to the application, being appealed, as constraining rights and legitimate interests of the claimant, recognized the complaint as substantiated and issue a judgment about the duty of the organization (individual entrepreneur) to eliminate committed violation.

The court considering economic cases shall, after recognizing the response to the application, being appealed, as being given in accordance with the legislation and within the competence of the organization (individual entrepreneur) issue a judgment about refusal to satisfy the complaint.

Judgment of the court considering economic cases on the complaint on the response to the application shall be sent to the head of the organization (individual entrepreneur) the response of which to the application has been appealed for elimination of committed violations, within five days from the day of entry of the judgement into legal force.

The execution of the judgment of the court considering economic cases on the complaint on the response to the application shall be reported to the court considering economic cases and to the claimant within the time limit of not more than one month from the day of receipt of the judgment.

SECTION III
PROCEEDINGS ON REVIEW OF COURT RESOLUTIONS

CHAPTER 31
PROCEEDINGS AT THE COURT CONSIDERING ECONOMIC CASES OF APPELLATE INSTANCE

Article 267. Right of appealing (protesting)

Persons participating in the case and also persons not attracted to participate in the case, the rights and legitimate interests of which are violated by a court resolution issued on the case, if the court considering economic cases has adopted a court resolution about their rights and duties are entitled to submit a complaint for appeal.

The public prosecutor who has taken part in consideration of the case is entitled to bring a protest on the judgment of the court considering economic cases of first instance with the aim to defend the state and public interests, irrespective of the appeal against it by the parties and other persons participating in the case and also by the persons not attracted to participate in the case the rights legitimate interests of which have been violated by the court resolution and of their consent to bringing the protest. In the instances of bringing a protest by the public prosecutor with the aim to defend the interests of legal persons which do not having a share of state property in their statutory capital, and also with the aim to defend the interests of individual entrepreneurs or citizens, a written statement shall be attached confirming their consent to bringing such a protest.

Article 268. The court considering economic cases of appellate instance

Complaints for appeal (protests) shall be considered by the court considering economic cases of appellate instance of the economic court of a region (city of Minsk).

The composition of the court considering economic cases of appellate instance shall be appointed by the chairperson of the corresponding economic court of a region (city of Minsk) or his deputy in the number of at least three judges of the court considering economic cases.

Article 269. Time limit for submission of the complaint for appeal (protest)

A complaint for appeal (protest) may be submitted within fifteen days after adoption by the court considering economic cases of first instance of the court resolution being appealed, unless otherwise provided by the present Code.

Upon a petition of the person who is submitting the complaint (protest), the missed time limit for submission of the complaint for appeal (protest) may be restored by the court considering economic cases of appellate instance if the petition has been submitted not later than one month from the day of adoption of the court resolution being appealed and the reasons for missing the time limit for submission of the complaint for appeal (protest) have been recognized valid by the court considering economic cases.

The restoration of the time limit for submission of the complaint for appeal (protest) shall be indicated in the ruling of the court considering economic cases on acceptance of the complaint for appeal (protest) to proceedings. In that instance the court ruling shall specify that the court order issued on the basis of the court resolution being appealed against is deemed as having lost its force from the moment of issuing the ruling on restoration of the time limit for submission of the complaint for appeal.

The court considering economic cases shall issue a ruling on refusal to restore the time limit for submission of the complaint for appeal (protest), which shall be sent to the person who has submitted the petition, within the time limits established by the present Code.

The ruling of the court considering economic cases on rejection to restore the time limit for submission of the complaint for appeal (protest) may be appealed (protested) against under the procedure established by the present Code.

Prior to expiration of the time limit established by the present Article for the petition of appeal (protest), the case may not be evoked from the court considering economic cases.

Article 270. Form and contents of the complaint for appeal (protest)

Complaint for appeal (protest) shall be submitted to the court considering economic cases in writing and signed by the person who is submitting the complaint (protest) or its representative authorized to sign the complaint.

The complaint for appeal (protest) must specify:

name of the court considering economic cases to which the complaint for appeal (protest) is being submitted;

surname, own name, patronymic (name) of the person that submits the complaint (protest), its place of residence (place of stay) or location; surnames, own names, patronymics (names) of other persons participating in the case;

name of the court considering economic cases, which has adopted the court resolution on which the complaint (protest) is submitted; number of the case and date of adoption of the court resolution; subject matter of the dispute;

demands of the person who is submitting the complaint (protest) and grounds on which the person who is submitting the complaint (protest) considers the court resolution to be wrong, with reference to the legislative and other normative legal acts, circumstances of the case and evidence;

list of the documents attached to the complaint (protest).

Complaint for appeal may contain a petition for appointing a conciliator.

Complaint for appeal shall be accompanied by the documents confirming:

payment of the state duty;

fact of sending to other persons participating in the case of copies of the complaint for appeal and the documents which they do not have;

powers to sign the complaint for appeal (power of attorney confirming the powers of the representative of the person to appeal against court resolutions).

The appeal protest shall be accompanied by the documents confirming:

fact of sending to other persons participating in the case of copies of the appeal protest and the documents which they do not have;

powers to sign the appeal protest.

The person who is submitting the complaint for appeal (protest) is obliged to send to the persons participating in the case by registered mail with notification of delivery copies of the complaint for appeal (protest) and enclosed documents which they do not have.

Complaint for appeal (protest) may be submitted both on the court resolution in whole and on its part.

No new claims which have not been submitted when the case was considered at the court considering economic cases of first instance may be presented in the complaint for appeal (protest).

The complaint for appeal (protest) on a ruling of the court considering economic cases on returning the statement of claim shall also be accompanied by the returned statement of claim and documents, being attached thereto at submission to the court considering economic cases.

Article 271. Response to the complaint for appeal (protest)

A person participating in the case, when receiving a copy of the complaint for appeal (protest), is obliged to direct a response to it to the court considering economic cases within the time limit ensuring arrival of the response to the court before the day of consideration of the complaint for appeal (protest), and proves of sending copies of the response to other persons participating in the case. The response may be accompanied by the documents confirming objections against the complaint.

The response to the complaint for appeal (protest) shall be signed by the person who has received the complaint (protest), or by its representative. In this instance, the response signed by the representative shall be accompanied by the documents confirming his powers to sign the response.

Article 272. Return of the complaint for appeal (protest)

The complaint for appeal (protest) shall be returned by the court considering economic cases of appellate instance if:

complaint for appeal (protest) has been submitted by a person who has no right to appeal (protest) against a court resolution;

complaint for appeal (protest) has been submitted on the court resolution which according to the present Code may not be appealed (protested) against in the appellate order;

complaint for appeal (protest) has been submitted after the expiration of the established time limit, and there is no petition on its restoration, or if the restoration of the missed time limit for submission of the complaint for appeal (protest) has been refused;

prior to adoption of the ruling of the court considering economic cases on acceptance of the complaint for appeal (protest) to proceedings of the court, a statement was received from the person who has submitted the complaint (protest) to return (recall) it;

complaint for appeal (protest) has been submitted with violations of requirements established by Article 270 of the present Code.

The court considering economic cases of appellate instance shall make a ruling on the return of the complaint for appeal (protest), which shall specify all violations of the requirements of the present Code, committed at submission of the complaint for appeal (protest).

The ruling of the court considering economic cases on return of the complaint for appeal shall indicate the return of the state duty from the state budget.

The ruling of the court considering economic cases on return of the complaint for appeal (protest) shall be sent to the person who has submitted the complaint (protest), not later than five days from the day of its receipt by the court considering economic cases. Simultaneously with the ruling, the complaint for appeal (protest) and documents enclosed thereto shall be returned.

The ruling of the court considering economic cases on return of the complaint for appeal (protest) may be appealed (protested) against under the procedure established by the present Code.

In the event of cancellation of the ruling of the court considering economic cases on return of the complaint for appeal (protest), the complaint for appeal (protest) is deemed to be submitted on the day of initial recourse to the court considering economic cases.

The return of the complaint for appeal (protest), with the exception of the return of the complaint for appeal (protest) on the grounds specified in indents two and three of part one of the present Article, does not preclude repeated recourse with the complaint for appeal to the court considering economic cases in the common order after elimination of the circumstances which have served the ground for its return.

Article 273. Leaving the complaint for appeal (protest) without consideration

The court considering economic cases of appellate instance shall leave a non-returned complaint for appeal (protest) without consideration if:

complaint for appeal (protest) has been submitted with violations of requirements established by Article 270 of the present Code;

prior to adoption of the court resolution by which the consideration and resolution of the case comes to an end, a statement has been received from the person who submitted the complaint (protest) for its return (recall).

The court considering economic cases of appellate instance shall also leave a non-returned complaint for appeal without consideration if the documents confirming the payment of the state duty are not enclosed thereto.

The court considering economic cases shall issue a ruling on leaving the complaint for appeal (protest) without consideration, which may also resolve the issues on distribution of the court expenses among the parties.

The ruling of the court considering economic cases on leaving the complaint for appeal without consideration shall indicate the return of the state duty from the state budget.

The ruling of the court considering economic cases on leaving the complaint for appeal (protest) without consideration shall be sent to the persons participating in the case, within the time limits established by the present Code.

The ruling of the court considering economic cases on leaving the complaint for appeal (protest) without consideration may be appealed (protested) against under the procedure established by the present Code.

After elimination of the circumstances which have served as the ground for leaving the complaint for appeal (protest) without consideration, the person who has submitted the complaint (protest) is entitled to submit again the complaint for appeal (protest) to the court considering economic cases under the procedure established by the present Code.

Article 274. Acceptance of the complaint for appeal (protest) to proceedings of the court considering economic cases

Complaint for appeal (protest) submitted with observance of the requirements to its form and contents, established by the present Code, shall be accepted to proceedings by the court considering economic cases of appellate instance.

The issue on the acceptance of the complaint for appeal (protest) to proceedings shall be resolved by the judge of the court considering economic cases of appellate instance, individually. The court considering economic cases of appellate instance shall issue a ruling on the acceptance of the complaint for appeal (protest), which shall specify the time and place of holding the judicial session on consideration of the complaint for appeal (protest).

The ruling of the court considering economic cases on acceptance of the complaint for appeal (protest) to proceedings shall be sent to the persons participating in the case not later than five days from the date of receipt of the complaint (protest) by the court.

Article 275. Termination of proceedings on the complaint for appeal (protest)

The court considering economic cases of appellate instance shall terminate the proceedings on the complaint for appeal (protest) if:

complaint for appeal (protest) has been submitted by a person who has no right to appeal (protest) against a court resolution;

complaint for appeal (protest) has been submitted on a court resolution which according to the present Code may not be appealed against in the appellate order, and has been wrongly accepted by the court considering economic cases of appellate instance to proceedings;

after acceptance of the complaint for appeal (protest) to proceedings, a statement has been received from the person who has submitted the complaint (protest), on refusal from the complaint (protest), and the refusal was accepted by the court considering economic cases of appellate instance.

The court considering economic cases shall issue a ruling on termination of the proceedings on the complaint for appeal (protest), which may also resolve the issues on distribution of the court expenses among the parties.

The ruling of the court considering economic cases on termination of the proceedings on the complaint for appeal shall indicate the return of the state duty from the state budget.

The ruling of the court considering economic cases on termination of the proceedings on the complaint for appeal (protest) shall be sent to the person who has submitted the complaint (protest) and also to the persons participating in the case not later than five days from the date of issuance of the ruling. Simultaneously with the ruling, the complaint for appeal (protest) and documents enclosed thereto shall be returned.

The ruling of the court considering economic cases on termination of the proceedings termination of the proceedings on the complaint for appeal (protest) may be appealed against under the procedure established by the present Code.

In the event of termination of the proceedings on the complaint for appeal (protest), no repeated submission of the complaint for appeal (protest) by the same person to the court considering economic cases is allowed.

Article 276. Order of consideration of the case by the court considering economic cases of appellate instance

The court considering economic cases of appellate instance shall consider the case at the judicial session according to the rules of consideration of the case by the court considering economic cases of first instance having regard to the peculiarities established by the present Chapter.

The court considering economic cases of appellate instance shall not apply the rules on joinder and separation of several claims; on change of the subject matter or the ground of the claim, the amount of the stated claims; on presentation of the counterclaim; on replacement of the improper respondent; intervention in the case of a third person who has stated independent claims to the subject of the dispute, and also other rules established by the present Code only for consideration of the case at the court considering economic cases of first instance.

Non-appearance to the judicial session of the court considering economic cases of appellate instance of the person who has submitted the complaint (protest) and other persons participating in the case, who have been properly informed on the time and place of holding the court proceedings, does not preclude the consideration of the case in their absence.

Article 277. Limits of consideration of the case by the court considering economic cases of appellate instance

The court considering economic cases of appellate instance shall reconsider, on the basis of the complaint for appeal (protest), the case on the evidence available in the case and additionally submitted. If the court considering economic cases of appellate instance establishes that it is impossible to consider the case on the basis of available evidence, it is entitled to propose to the persons participating in the case to present additional evidence or to request them directly.

The court considering economic cases of appellate instance shall accept additional evidence if the plaintiff has substantiated the impossibility to presend them to the court of first instance for the reasons beyond his control.

The court considering economic cases of appellate instance shall not check the facts established by the court of first instance if such facts have been recognized and verified by the persons participating in the case under the procedure established by Article 107 of the present Code.

If the complaint for appeal (protest) has been submitted on a part of the court resolution, the court considering economic cases of appellate instance shall, in the absence of objections of other persons participating in the case, check the justification and legality of the adopted court resolution only in the part being appealed.

The court considering economic cases of appellate instance shall check, irrespective of the reasons stated in the complaint for appeal (protest), whether violations of the norms of the procedural law has been committed by the court considering economic cases of first instance, which in any case constitute a ground for cancellation of the court resolution.

The court considering economic cases of appellate instance shall not accept and consider new demands which have not been submitted at consideration of the case at the court considering economic cases of first instance.

Article 278. Time limit for submission of the complaint for appeal (protest)

Complaint for appeal (protest) on the court resolution of the court considering economic cases of first instance shall be considered within the time limit of not more than fifteen days from the date of its receipt by the court considering economic cases, including the time limit for adoption of a resolution on the results of its consideration.

In exceptional cases, with regard to special complexity of the case, the time limit for consideration of the complaint for appeal (protest) may be extended by the chairperson of the court considering economic cases or his deputy, but not more than by fifteen days.

Complaint for appeal (protest) on a ruling of the court considering economic cases of first instance on the return of the statement of claim (statement, complaint), on refusal to accept a statement of claim (statement, complaint) shall be considered by the court considering economic cases of appellate instance within not more than five days from the day of its receipt by the court without notification of the parties.

Article 279. Powers of the court considering economic cases of appellate instance

The court considering economic cases of appellate instance is entitled:

to leave the court resolution of the court considering economic cases of first instance without change, and the complaint for appeal (protest) – without satisfaction;

to change or cancel the court resolution of the court considering economic cases of first instance and to accept the case for its proceedings, and upon cancellation of a ruling of the court considering economic cases of first instance, preventing further progress of the case, and also of a court resolution of the court considering economic cases concerning cases on economic insolvency (bankruptcy), to send the case (statement of claim, statement, complaint) to the court considering economic cases of first instance for consideration (resolving the issue) on the merits;

to cancel the court resolution of the court considering economic cases of first instance in whole or in part and to leave the claim without consideration or to stop the proceedings of the case in whole or in part.

Article 280. Grounds for change or cancel the court resolution of the court considering economic cases of first instance

The grounds to change or cancel the court resolution of the court considering economic cases of first instance are:

incomplete clarification of the circumstances important for the case;

failure to prove the circumstances important for the case which the court considering economic cases has considered to be established;

lack of conformity of conclusions stated in the judicial act to the circumstances of the case;

violation or wrong application of the norms of the substantive and/or procedural law.

Norms of the substantive law shall be deemed to be violated or incorrectly applied if the court considering economic cases:

has failed to apply the legislation subject to application;

has failed to apply the legislation not subject to application;

has incorrectly interpreted the legislation.

Violation or wrong application of the norms of the procedural law constitute the grounds for change or cancellation of the court resolution of the court considering economic cases of first instance if it has resulted or could have resulted in adoption of a wrong court resolution.

violation of the norms of the procedural law shall be in any case the ground for cancellation of the court resolution of the court considering economic cases of first instance if:

the case was considered by the court in illegal composition;

the case was considered by the court in the absence of someone from the persons participating in the case and not being properly informed on the time and place of holding the judicial session;

at consideration of the case, the rules on the language of legal proceedings at the court considering economic cases have been violated;

the court has adopted a court resolution on the rights and duties of the persons who have not been attracted for participation in the case;

court resolution was not signed by someone from the judges of the court considering economic cases or was signed not by those judges of the court considering economic cases, who were specified in it;

the court resolution has been adopted not by those judges of the court considering economic cases, who were the members of the court considering economic cases, which has considered the case;

the case file does not contain the minutes of the judicial session, or it has not been signed by the persons obliged to sign it, with the exception of the cases on which, according to the present Code, keeping the minutes is not mandatory.

Upon establishing the presence of grounds specified by part four of the present Article, and also of violations of other norms of the present Code which cannot be eliminated by the court considering economic cases of appellate instance without cancellation of the court resolution, adopted on the case, of the court considering economic cases of first instance, the court considering economic cases of appellate instance shall cancel the court resolution of the court considering economic cases of first instance and consider the case according to the rules established by the present Code for consideration of the case in the court considering economic cases of first instance.

Article 281. Resolution of the court considering economic cases of appellate instance

The court considering economic cases of appellate instance shall adopt a resolution based on the results of consideration of the complaint for appeal (protest), which shall be signed by the judges of the court considering economic cases, which have considered the case.

The resolution of the court considering economic cases of appellate instance shall specify:

name and composition of the court considering economic cases of appellate instance, which has adopted the resolution; number of the case, date and place of adopting the resolution; subject matter of the dispute; surnames, own names, patronymics (names) of the persons participating in the case and the persons who were present at the judicial session and their representatives with indication of their powers; surname and initials of the secretary of the judicial session-assistant judge;

surname, own name, patronymic (name) of the person that has submitted the complaint for appeal (protest);

date of adoption of the court resolution by the court considering economic cases of first instance;

summary of the court resolution of the court considering economic cases of first instance;

grounds on which the complaint for appeal (protest) has raised the issue on checking the legality and validity of the court resolution of the court considering economic cases of first instance;

reasons stated in the response to the complaint for appeal (protest);

explanations of the persons who were present at the judicial session;

circumstances of the case established by the court considering economic cases of appellate instance; evidence on which the conclusions of the court about these circumstances were based; legislative and other normative legal acts, by which the court was guided when adopting the resolution; reasons on which the court has rejected this or that evidence and has not applied the legislative and other normative legal acts to which the persons participating in the case referred;

when changing or cancelling the court resolution of the court considering economic cases of first instance – motives according to which the court considering economic cases of appellate instance has disagreed with the conclusions of the court considering economic cases of first instance;

conclusions on the results of consideration of the complaint for appeal (protest).

The resolution of the court considering economic cases of appellate instance shall specify distribution of the court expenses among the parties, including those incurred in relation to consideration of the complaint for appeal.

The resolution of the court considering economic cases of appellate instance enters into legal force from the moment of its adoption.

A copy of the resolution of the court considering economic cases of appellate instance shall be sent to the persons participating in the case not later than within five days from the day of its adoption of the resolution of the court considering economic cases.

The resolution of the court considering economic cases of appellate instance may be appealed (protested) against under the procedure established by the present Code.

When the parties conclude an amicable agreement during consideration of the complaint for appeal (protest), the court considering economic cases of appellate instance shall make a resolution on cancellation of the judgment of the court considering economic cases of first instance, approval of the amicable agreement and on termination of the proceedings on the case, which shall be sent to the persons participating in the case.

When the parties have attained conciliation in the order established by Chapter 17 of the present Code on all or some demands in the course of consideration of the complaint for appeal (protest), the court considering economic cases of appeal instance shall adopt a resolution about approval of the agreement on conciliation, cancellation of the judgment of the court considering economic cases of first instance and termination of the proceedings on the case in the part of the attained agreement.

CHAPTER 32
PROCEEDINGS AT THE COURT CONSIDERING ECONOMIC CASES OF CASSATION INSTANCE

Article 282. Right of cassation appealing (protesting)

The persons participating in the case are entitled to submit a cassation appeal (protest) on the court resolution of the court considering economic cases of first instance, which has entered into legal force, and on the court resolution of the court considering economic cases of appellate instance. A cassation appeal may also be submitted by the persons who have not been attracted for the participation in the case, the rights and legitimate interests of which have been violated by a court resolution issued on the case, if the court considering economic cases has adopted a court resolution about their rights and duties.

Article 283. Court considering economic cases of cassation instance

The court considering economic cases of cassation instance is the Court Panel on Economic Cases of the Supreme Court of the Republic of Belarus.

The Court Panel on Economic Cases of the Supreme Court of the Republic of Belarus shall check the legality and validity of the court resolutions adopted by the courts considering economic cases of first and appellate instances.

Article 284. Order of submission of the cassation appeal (protest)

A cassation appeal (protest) shall be submitted to the Court Panel on Economic Cases of the Supreme Court of the Republic of Belarus through the court considering economic cases, which has adopted the court resolution being appealed.

The court considering economic cases, which has adopted the court resolution being appealed, is obliged to send the cassation appeal (protest) together with the case file to the Court Panel on Economic Cases of the Supreme Court of the Republic of Belarus not later than within five days from the day of receipt of the complaint (protest) to the court.

Article 285. Time limit for submission of the cassation appeal (protest)

A cassation appeal (protest) may be submitted within one month from the day of entry into legal force of the court resolution being appealed.

Upon a petition of the person who applied with the cassation complaint (protest), the time limit for submission of such complaint (protest) may be restored provided that the petition has been submitted not later than in six months from the entry into legal force of the court resolution being appealed and if the court considering economic cases of cassation instance recognizes the reason of missing the time limit for cassation appeal (protest) to be valid.

A petition on restoration of the time limit for submission of the cassation complaint (protest) shall be considered by the court considering economic cases of cassation instance not more than within five days from the day of its receipt by the court considering economic cases of cassation instance.

Rulings shall be adopted on restoration of the time limit for submission of the cassation complaint (protest) or on refusal to restore the time limit for submission of the cassation complaint (protest), which shall be sent to the person who has moved the petition.

If the petition on restoration of the time limit for submission of the cassation complaint (protest) has been moved simultaneously with the cassation complaint (protest), the court considering economic cases shall resolve the issue on acceptance of the cassation complaint (protest) for its proceedings immediately after resolution of the issue on restoration of the time limit for submission of the cassation complaint (protest). In this instance, one ruling shall be made on the results of consideration of the petition on restoration of the time limit for submission of the cassation complaint (protest) and of the cassation complaint (protest).

The ruling of the court considering economic cases on refusal of restoration of the time limit for submission of the cassation appeal (protest) may be appealed against in exercise of supervision.

Article 286. Form and contents of the cassation complaint (protest)

Cassation complaint (protest) shall be submitted to the court considering economic cases in writing and signed by the person who is submitting the complaint (protest) or its representative authorized to its signing.

The cassation complaint (protest) must specify:

name of the court considering economic cases to which the cassation complaint (protest) is being submitted;

surname, own name, patronymic (name) of the person that submits the complaint (protest), its place of residence (place of stay) or location; surnames, own names, patronymics (names) of other persons participating in the case;

name of the court considering economic cases, which has adopted the court resolution on which the cassation complaint (protest) is submitted; number of the case, date of adoption of the court resolution and its contents; subject matter of the dispute;

demands of the person who is submitting the cassation complaint (protest) and the information on which legislative or other normative legal act has been violated, and what is the essence of the violation or wrong application of the norms of substantive and/or the procedural law, with reference to the materials of the case;

list of the documents attached to the complaint (protest).

The cassation complaint may contain a petition for appointing a conciliator.

Persons not attracted for the participation in the case, if the court considering economic cases adopted a court resolution on their rights and duties, shall indicate which rights and legitimate interests have been violated by the court resolution issued in the case and in what the violation consists with reference to the materials of the case.

Cassation complaint shall be accompanied by the documents confirming:

payment of the state duty;

fact of sending to other persons participating in the case of copies of the cassation complaint and the documents which they do not have;

powers to sign the cassation complaint (power of attorney confirming the powers of the representative of the person to appeal against court resolutions).

The cassation protest shall be accompanied by the documents confirming:

fact of sending to other persons participating in the case of copies of the cassation protest and the documents which they do not have;

powers to sign the cassation protest.

The person who is submitting the cassation complaint (protest) is obliged to send to the persons participating in the case by registered mail with notification of delivery copies of the cassation complaint (protest) and enclosed documents which they do not have.

Cassation complaint (protest) may be submitted both on the court resolution in whole and on its part.

Article 287. Response to the cassation complaint (protest)

A person participating in the case shall directs his response to the cassation appeal (protest) to other persons participating in the case with attachment of the documents confirming the objections to the complaint (protest), which they do not have; to the court considering economic cases of cassation instance – with attachment of copies of the documents directed to other persons participating in the case, and of the documents confirming the direction by him of a response to the cassation appeal (protest).

The response to the cassation appeal (protest) shall be sent within the time limit which ensures its receipt by the court considering economic cases of cassation instance before the date of consideration of the cassation appeal (protest).

The response to the cassation complaint (protest) shall be signed by the person who has received the complaint (protest), or by its representative. In this instance, the response signed by the representative shall be accompanied by the documents confirming his powers to sign the response.

Article 288. Return of the cassation complaint (protest)

The court considering economic cases of cassation instance shall return the cassation appeal (protest) if:

cassation complaint (protest) has been submitted by a person who has no right to appeal (protest) against a court resolution;

cassation complaint (protest) has been submitted on the court resolution which according to the present Code may not be appealed (protested) against in the cassation order;

cassation appeal (protest) has been submitted bypassing the appellate instance of the court considering economic cases without valid motives, with the exception of cases when a court resolution, in accordance with the present Code, may not be appealed (protested) against in the appellate order;

requirements established by the present Code to the form, contents and the procedure of submitting of the cassation complaint (protest) have not been observed;

cassation complaint (protest) has been submitted after the expiration of the established time limit, and there is no petition on its restoration, or if the restoration of the missed time limit for submission of the cassation complaint (protest) has been refused;

prior to adoption of the ruling of the court considering economic cases on acceptance of the cassation complaint (protest) to proceedings of the court, a statement was received from the person who has submitted the complaint (protest) to return (recall) it.

The court considering economic cases of cassation instance shall issue a ruling on the return of the cassation appeal (protest).

The ruling of the court considering economic cases on return of the cassation complaint for appeal (protest) shall be sent to the person who has submitted the complaint (protest), not later than five days from the day of its receipt by the court considering economic cases of cassation instance. Simultaneously with the ruling, the cassation complaint (protest) and documents enclosed thereto shall be returned.

The ruling of the court considering economic cases on return of the cassation appeal (protest) may be appealed against in exercise of supervision.

After elimination of the circumstances, which have served the ground for return of the cassation complaint (protest), the person who has submitted the complaint (protest), is entitled to submit again the cassation appeal (protest) on the court considering economic cases the under the procedure established by the present Code.

Article 289. Leaving the cassation complaint (protest) without consideration

The court considering economic cases of cassation instance shall leave the cassation appeal (protest) without consideration if:

requirements established by the present Code to the form, contents and the procedure of submitting of the cassation complaint (protest) have not been observed;

prior to adoption of the court resolution which terminates the consideration of the case at the court considering economic cases of cassation instance comes, a petition has arrived from the person who has submitted the complaint (protest) for its return (recall).

The court considering economic cases of cassation instance shall also leave a cassation complaint without consideration if the documents confirming the payment of the state duty are not enclosed thereto.

The court considering economic cases of cassation instance shall make its ruling on leaving the cassation appeal (protest) without consideration, in which the issues of distribution of the court expenses among the parties can be resolved and also about return of the state duty from the budget in the instances established by the legislation.

The ruling of the court considering economic cases on leaving the cassation complaint (protest) without consideration shall be sent to the persons participating in the case.

The ruling of the court considering economic cases on leaving the cassation complaint (protest) without consideration may be appealed (protested) against under the procedure established by the present Code.

After elimination of the circumstances which have served as the ground for leaving the cassation complaint (protest) without consideration, the cassation complaint (protest) may be again submitted to the court considering economic cases of cassation instance under the procedure established by the present Code.

Article 290. Acceptance of the cassation complaint (protest) to proceedings of the court considering economic cases

Cassation complaint (protest) submitted with observance of the requirements to its form and contents, established by the present Code, shall be accepted to proceedings by the court considering economic cases of cassation instance.

The issue on the acceptance of the cassation complaint (protest) to proceedings shall be resolved by the judge of the court considering economic cases of cassation instance, individually. The court considering economic cases of cassation instance shall issue a ruling on the acceptance of the cassation complaint (protest), which shall specify the time and place of holding the judicial session on consideration of the cassation complaint for appeal (protest).

The ruling of the court considering economic cases on acceptance of the cassation complaint (protest) to proceedings shall be sent to the persons participating in the case not later than five days from the date of receipt of the complaint (protest) by the court considering economic cases of cassation instance.

Article 291. Termination of proceedings on the cassation complaint for appeal (protest)

The court considering economic cases of cassation instance shall terminate the proceedings on the cassation complaint for appeal (protest) if:

cassation complaint (protest) has been submitted by a person who has no right to appeal (protest) against a court resolution;

cassation complaint (protest) has been submitted on the court resolution which according to the present Code may not be appealed (protested) against in the cassation order;

after the acceptance of the cassation complaint (protest) for the proceedings, a refusal from the complaint (protest) has been received from the person which had submitted the complaint (protest), and the refusal has been accepted by the court considering economic cases of cassation instance;

cassation complaint (protest) has been submitted upon the expiration of six months from the day of entry into force of the court resolution being appealed.

The court considering economic cases of cassation instance shall make its ruling on termination of the proceedings on the cassation complaint (protest), in which the issues of distribution of the court expenses among the parties can be resolved and also about return of the state duty from the budget in the instances established by the legislation.

The ruling of the court considering economic cases on termination of the proceedings on the cassation complaint shall be sent to the persons participating in the case.

The ruling of the court considering economic cases on termination of the proceedings termination of the proceedings on the cassation complaint (protest) may be appealed against under the procedure established by the present Code.

In the event of termination of the proceedings on the cassation complaint (protest), no repeated submission of the cassation complaint (protest) by the same person to the court considering economic cases is allowed.

Article 292. Suspension of enforcement of court resolutions of the court considering economic cases of first and/or appellate instances

The execution of a resolution of the court considering economic cases of first and/or appellate instance may be suspended by the court considering economic cases of cassation instance, upon a petition of the person who has submitted the cassation complaint (protest), provided that this person proved the impossibility of reverse of its execution or gave to the other party in the case a counter security of eventual losses by placing on the respective account of the court considering economic cases, which considered the case in the first instance, of monetary means in the amount of the sum being disputed and if the court considering economic cases recognizes necessary the suspension of the execution of the court resolution.

The court considering economic cases of cassation instance shall make rulings on suspension of execution of the court resolution or on refusal to suspend its execution not later than five days from the day of receipt of the cassation complaint (protest) by the court considering economic cases of cassation instance. The contents of these rulings may be stated in the ruling of the court considering economic cases on acceptance of the cassation complaint (protest) to proceedings.

The ruling of the court considering economic cases of cassation instance on refusal to suspend the execution of the court resolution shall be sent to the person petitioning for such suspension, and also to other persons participating in the case.

Execution of the court resolutions adopted by the court considering economic cases of first and/or appellate instances, may be suspended for the period till adoption by the court considering economic cases of cassation instance of the resolution on the case.

The ruling of the court considering economic cases of cassation instance on suspension of execution of the court resolution shall be sent to the persons participating in the case and also to the court that issued the court resolution being appealed against.

The ruling of the court considering economic cases of cassation instance on suspension of execution of the court resolution becomes ineffective after the termination of the cassation proceedings and leaving without change the court resolution adopted by the court considering economic cases of first or appellate instance.

If necessary, the court considering economic cases of cassation instance is entitled to cancel its ruling on the suspension of execution of the court resolution till the end of the cassation proceedings.

Rulings of the court considering economic cases of cassation instance on suspension of execution of the court resolution or on refusal to suspend execution thereof, adopted by the court considering economic cases of first or appellate instance, may be appealed against in exercise of supervision.

Article 293. Order of consideration of the case by the court considering economic cases of cassation instance

The court considering economic cases of cassation instance shall consider the case at the judicial session according to the rules of consideration of the case by the court considering economic cases of first instance having regard to the peculiarities established by the present Chapter.

The rules established only for the courts considering economic cases of first instance shall not apply at consideration of the case at the court considering economic cases of cassation instance.

Non-appearance to the judicial session of the court considering economic cases of cassation instance of the person who has submitted the cassation complaint (protest) and other persons participating in the case, who have been properly informed on the time and place of holding the court proceedings, does not preclude the consideration of the case in their absence.

The court considering economic cases of cassation instance considers, without notification of the persons participating in the case, cassation complaints on rulings of the court considering economic cases of first instance on the return of the statement of claim (statement, complaint), on refusal to accept a statement of claim (statement, complaint) and court resolutions of the court considering economic cases of appellate instance issued in the instances provided by part three of Article 278 of the present Code.

Conducting the minutes of the judicial session and the protocol of a separate procedural action of the court considering economic cases of cassation instance is obligatory in the instances directly provided by the present Code.

Article 294. Limits of consideration of the case at the court considering economic cases of cassation instance

At consideration of the case at the court considering economic cases of cassation instance, the court considering economic cases shall check the correctness of application of the norms of the substantive and/or procedural law by the court considering economic cases of first and appellate instances.

The court considering economic cases of cassation instance shall check, irrespective of the reasons stated in the cassation complaint (protest), whether violations of the norms of the procedural law has been committed by the court considering economic cases of first and/or appellate instances, which in any case constitute a ground for cancellation of the court resolution.

The court considering economic cases of cassation instance shall check whether the conclusions of the court considering economic cases of the first and/or appellate instances on application of the norms of the law comply with the circumstances established on the case and evidence available in the case file.

Article 295. Time limit for consideration of the cassation appeal (protest)

The cassation appeal (protest) on a court resolution of the court considering economic cases of first or appellate instance must be considered within the time limit of not more than one month from the date of receipt of the case by the court considering economic cases of cassation instance, including the time limit for adoption of the resolution on the results of consideration thereof.

Article 296. Powers of the court considering economic cases of cassation instance

The court considering economic cases of cassation instance is entitled:

to leave the court resolutions of the court considering economic cases of first and/or appellate instances without change, and the cassation appeal (protest) – without satisfaction;

to change or cancel court resolutions of the court considering economic cases of first and/or appellate instances and, without transferring the case to a new consideration, to adopt a new resolution, if the circumstances important for the case have been established on the basis of the evidence available in the case;

to cancel court resolutions of the court considering economic cases of the and/or appellate instances in whole or in part and to transfer the case for a new consideration to the instance of the court considering economic cases, the court resolution of which has been cancelled, if the violations provided by part five of Article 297 of the present Code have been committed or if the conclusions of the appealed court resolution do not comply with the materials of the case;

to cancel court resolutions of the court considering economic cases of first and/or appellate instances in whole or in part and to leave the statement of claim without consideration, or to stop the proceedings on the case in whole or in part;

to leave without change one of the adopted court resolutions, having cancelled those remaining.

Article 297. Grounds for change or cancellation of court resolutions of the court considering economic cases of first and/or appellate instances

The grounds for change or cancellation of court resolutions of the court considering economic cases of first and/or appellate instances shall be groundlessness of court resolutions, violation or incorrect application of the norms of the substantive and/or procedural law.

A court resolution is groundless in whole or in part if:

the court considering economic cases has failed to ensure a complete clarification of the circumstances important for the case;

a circumstance important for the case and put by the court considering economic cases into the basis of the court resolution has not been confirmed by authentic and convincing evidence;

the conclusions stated in the court resolution do not comply with the materials and actual circumstances of the case.

Norms of the substantive law shall be deemed to be violated or incorrectly applied if the court considering economic cases:

has failed to apply the legislation subject to application;

has failed to apply the legislation not subject to application;

has incorrectly interpreted the legislation.

Violation or wrong application of the norms of the procedural law shall be the grounds for changing or cancelling a court resolution if it has resulted or could have resulted in adoption of a wrong court resolution.

Violation of the norms of the procedural law shall in any case constitute a ground for cancellation of the court resolution if:

the case has been considered by the court considering economic cases in illegal composition;

the case was considered by the court considering economic cases in the absence of someone from the persons participating in the case and not being properly informed on the time and place of holding the judicial session;

at consideration of the case, the rules on the language of legal proceedings at the court considering economic cases have been violated;

the court considering economic cases has adopted a court resolution on the rights and duties of the persons who have not been attracted for participation in the case;

court resolution was not signed by someone from the judges of the court considering economic cases or was signed not by those judges of the court considering economic cases, who were specified in it;

the court resolution has been adopted not by those judges of the court considering economic cases, who were the members of the court considering economic cases, which has considered the case;

the case file does not contain the minutes of the judicial session, or it has not been signed by the persons obliged to sign it, with the exception of the cases on which, according to the present Code, keeping the minutes is not mandatory.

Article 298. Resolution of the court considering economic cases of cassation instance

The court considering economic cases of cassation instance shall adopt a resolution based on the results of consideration of the cassation complaint (protest), which shall be signed by the judges of the court considering economic cases, which have considered the case.

The resolution of the court considering economic cases of cassation instance shall specify:

name and composition of the court considering economic cases of cassation instance, which has adopted the resolution; number of the case, date and place of adoption of the resolution; subject matter of the dispute; surnames, own names, patronymics (names) of the persons participating in the case, of the persons present at the judicial session, and of their representatives with indication of their powers;

surname, own name, patronymic (name) of the person that has submitted the cassation appeal (protest);

name of the court considering economic cases, which has considered the case in the first and/or appellate instances, number of the case and date of adoption of the court resolution;

summary of court resolutions adopted on the case by the court considering economic cases of first and/or appellate instances;

grounds, on which the cassation complaint (protest) has raised the issue to check the legality of court resolutions of the court considering economic cases of first and/or appellate instances;

reasons stated in the response to the cassation complaint (protest);

explanations of the persons who were present at the judicial session;

circumstances of the case established by the court considering economic cases of cassation instance; evidence on which the conclusions of the court about these circumstances were based; legislative and other normative legal acts, by which the court was guided when adopting the resolution; reasons on which the court has rejected this or that evidence and has not applied the legislative and other normative legal acts to which the persons participating in the case referred;

upon change or cancellation of the court resolutions of the court considering economic cases of first and/or appellate instances – motives on which the court of cassation instance has disagreed with the conclusions of the court considering economic cases of first and/or appellate instances;

conclusions on the results of consideration of the cassation complaint (protest);

actions which shall be executed by the persons participating in the case and the court considering economic cases of first or appellate instances, if the case is transferred to a new consideration.

At cancellation of the court resolution with transfer of the case to a new consideration, the issue of distribution of the court expenses among the parties shall be resolved by the court considering economic cases, which is reconsidering the case.

The resolution of the court considering economic cases of cassation instance shall specify the distribution among the parties of the court expenses incurred in connection with consideration of the cassation appeal (protest).

The resolution of the court considering economic cases of cassation instance enters into legal force from the moment of its adoption.

A copy of the resolution of the court considering economic cases of cassation instance shall be sent to the persons participating in the case not later than within five days from the day of its adoption of the resolution of the court considering economic cases.

The resolution of the court considering economic cases of cassation instance may be appealed (protested) against under the procedure established by the present Code.

When the parties conclude an amicable agreement during consideration of the cassation complaint (protest), the court considering economic cases of cassation instance shall make a resolution on cancellation of court resolutions of the court considering economic cases of first and/or appellate instance, approval of the amicable agreement and on termination of the proceedings on the case, which shall be sent to the persons participating in the case.

When the parties have attained conciliation in the order established by Chapter 17 of the present Code on all or some demands in the course of consideration of the cassation complaint (protest), the court considering economic cases of cassation instance shall adopt a resolution on approval of the agreement on conciliation, on cancellation of court resolutions of first and/or appeal instance and on termination of the proceedings on the case in the part of the agreement attained.

Article 299. Obligatoriness of instructions of the court considering economic cases of cassation instance

Instructions of the court considering economic cases of cassation instance stated in the resolution on cancellation of court resolutions of the court considering economic cases of first and/or appellate instances are mandatory for the court considering economic cases, which is reconsidering the case.

The court considering economic cases of cassation instance is not entitled to predetermine the issues of authenticity or falsity of this or that evidence, of advantage of this or that evidence, and also to specify which court resolution shall be adopted upon a new consideration of the case.

CHAPTER 33
PROCEEDINGS ON RECONSIDERATION OF COURT RESOLUTIONS IN EXERCISE OF SUPERVISION

Article 300. Reconsideration of court resolutions in exercise of supervision

Court resolutions, which entered into legal force, of the courts considering economic cases in the Republic of Belarus may be reconsidered in exercise of supervision under the protest of the officials specified in Article 301 of the present Code, with the exception of resolutions of the Plenum of the Supreme Court of the Republic of Belarus.

The complaint in exercise of supervision on the court resolution may be submitted by the persons who have the right to move a protest, within the time limit of not more than one year from the date of entry of the court resolution into legal force. If subsequent court resolutions do not cancel (change) the court resolution which settled the dispute (the case) on the merits, the time limit for submission of the complaint in exercise of supervision shall be computed from the date of entry into force of this court resolution. Failure to keep the mentioned time limit shall be the ground for returning the complaint in exercise of supervision, with the exception of the instances when the appealed court resolution precludes the adoption of a lawful judgment on another case or violates rights and legitimate interests of general public and other public interests.

Article 301. Officials having right to bring a protest in excercise of supervision

The following persons are entitled to bring protests in exercise of supervision:

the Chairperson of the Supreme Court of the Republic of Belarus and the General Public Prosecutor of the Republic of Belarus – on court resolutions of any court considering economic cases in the Republic of Belarus, with the exception of the resolutions of the Plenum of the Supreme Court of the Republic of Belarus;

deputies of the Chairperson of the Supreme Court of the Republic of Belarus and the General Public Prosecutor of the Republic of Belarus – on court resolutions of any court considering economic cases in the Republic of Belarus, with the exception of the resolutions of the Presidium or Plenum of the Supreme Court of the Republic of Belarus;

Article 302. Court considering economic cases of supervising instance

The court considering economic cases of supervising instance in relation to the court resolutions adopted by the courts considering economic cases of first, appellate and cassation instances shall be the Presidium of the Supreme Court of the Republic of Belarus.

The court considering economic cases of supervising instance in relation to the resolutions of the Presidium of the Supreme Court of the Republic of Belarus shall be the Plenum of the Supreme Court of the Republic of Belarus.

Article 303. Right to submit complaint in exercise of supervision

Persons participating in the case, and also persons, whose rights and legitimate interests were violated by the court resolution issued on the case, are entitled to submit a complaint in exercise of supervision.

A complaint in exercise of supervision shall be accepted for consideration if the claimant has exhausted all available means of legal defence at the courts considering economic cases of appeal and cassation instances, and also if the reasons on which the appellate or cassation complaint has not been sent are recognized as valid.

Article 304. Form and contents of complaint in exercise of supervision

Complaint in exercise of supervision are submitted to the persons who has the right to bring a protest in exercise of supervision, in writing, and must be signed by the person petitioning for reconsideration of the court resolution, or by his representative.

The complaint in exercise of supervision shall specify:

position, surname, own name, patronymic of the official, whom the complaint is addressed to;

surname, own name, patronymic (name) of the person that submits the complaint (protest), its place of residence (place of stay) or location, his procedural status in the case;

court resolution being appealed;

surnames, own names, patronymics (names) of other persons participating in the case, their places of residence (places of stay) or location;

names of the courts considering economic cases, who have considered the case in first, appellate and cassation instances, and the contents of the court resolutions adopted by them;

grounds for revision of the court resolution, provided by Article 314 of the present Code with the reference to the legislative acts, which confirm the presence of these grounds;

list of documents enclosed to the complaint.

The complaint in exercise of supervision must be accompanied by:

duly certified copies of the court resolutions adopted on the case;

documents confirming payment of the state duty;

documents confirming the sending to the other persons participating in the case of copies of the complaint in exercise of supervision, and documents enclosed thereto;

power of attorney or another document, certifying the powers of the representative of the person participating in the case or of the person whose rights and legitimate interests were violated by the court resolution adopted on the case, for signing the complaint in exercise of supervision.

Unless the court resolution has been appealed at the courts considering economic cases of appeal or cassation instances, the reasons which have prevented the appeal shall be specified in the complaint in exercise of supervision.

If the complaint in exercise of supervision was submitted by the person not attracted to participate in the case, it must specify which rights or legitimate interests of this person have been violated by the court resolution which entered into legal force.

Article 305. Return of complaint in exercise of supervision

The issue of acceptance of the complaint in exercise of supervision shall be considered by the persons who have the right to bring a protest in exercise of supervision within not more than five days from the day of its receipt by the Supreme Court of the Republic of Belarus or the Prosecutor General' Office of the Republic of Belarus.

The complaint in exercise of supervision shall be returned if:

requirements established by the present Code to the form and contents of the complaint in exercise of supervision have not been observed;

complaint in exercise of supervision was submitted upon the expiration of the time limit and there was no petition on its restoration, with the exception of the instances specified in part two of Article 300 of the present Code;

prior to acceptance of the complaint in exercise of supervision for consideration, a statement for its return has been received from the person who had submitted the complaint;

complaint in exercise of supervision has been submitted bypassing the cassation instance of the court considering economic cases without valid motives.

If the complaint in exercise of supervision was submitted with missing the established time limit term and contained a request for its restoration, the issue on restoration of the time limit for its submission shall be resolved by the persons who have the right to bring a protest in exercise of supervision.

After elimination of the circumstances which have served as the ground for return of the complaint in exercise of supervision, such complaint may be again submitted by the person who has the right to bring a protest in exercise of supervision, under the procedure established by the present Code.

Article 306. Acceptance of complaint in exercise of supervision for consideration. Initiation of proceedings in exercise of supervision

The complaint in exercise of supervision submitted with observance of the requirements provided by the present Chapter must be accepted for consideration by the persons who have the right to bring a protest in the order of supervision.

The proceedings in exercise of supervision shall be deemed to be initiated from the moment of receipt of the complaint in exercise of supervision by the Supreme Court the Republic of Belarus, or the Prosecutor General’ Office of the Republic of Belarus, if it is not subject to return.

Article 307. Suspension of enforcement of court resolution

Enforcement of the court resolution may be suspended on a petition of the person who has submitted the complaint in exercise of supervision, provided that this person has substantiated the impossibility to reverse its enforcement or has provided to the other party in the case a counter security of possible losses by depositing the monetary means in the amount of the disputed sum to the corresponding account of the court considering economic cases, which has considered the case in first instance, and if the court recognizes the necessity to suspend the enforcement of the court resolution.

The issue of suspension of enforcement of the court resolution shall be resolved by the officials who have the right to bring a protest in exercise of supervision.

A resolution shall be issued on the results of consideration of the petition on suspension of enforcement of the court resolution.

Enforcement of the court resolution may be suspended till the end of proceedings on revision of the case in exercise of supervision.

Suspension of enforcement of the court resolution may be cancelled by the officials who have the right to bring a protest in exercise of supervision prior to the end of revision of the case in exercise of supervision. A resolution shall be issued concerning the cancellation of the suspension of enforcement of a court resolution.

The resolution on suspension of the enforcement of a court resolution becomes invalid after the end of the proceedings in exercise of supervision and leaving without change the resolution of the court considering economic cases of first, appellate, cassation or inferior supervision instance.

Article 308. Consideration of complaint in exercise of supervision

The complaint in exercise of supervision shall be considered by the official who has the right to bring a protest in exercise of supervision within the time limit of not more than two months from the date of its receipt by the Supreme Court of the Republic of Belarus or the Prosecutor General’s Office of the Republic of Belarus.

If there are doubts in legality of the court resolution being appealed, a decision on requesting the case file shall be made.

The officials specified in Article 301 of the present Code are entitled to request the case file from the corresponding court considering economic cases for check in exercise of supervision and to bring a protest on court resolutions entered into legal force only in the presence of reasons and grounds provided by the present Article.

Reasons to request the case file and to bring a protest are complaints of the persons specified in Article 303 of the present Code or a presentation of the judge participating in consideration of this case or considering another case for which the court resolution entered into legal force has legal meaning, and also a petition of the judge on other grounds. The Prosecutor General of the Republic of Belarus and his deputies are entitled to request the case file and bring a protest to court resolution on the case on a statement of claim (statement) of the public prosecutor submitted by the latter with the aim to defend the state and public interests, without a complaint of the persons specified in Article 303 of the present Code. The grounds for requesting the case file shall be arguments contained in the complaint, presentation or petition, causing doubts in the legality of the court resolution.

The decision on requesting the case file shall be made in writing and sent to the court considering economic cases, which has issued the court resolution being appealed, which must, not later than five days from the date of its receipt, send the requested case file to the Supreme Court of the Republic of Belarus or to the Prosecutor General’s Office of the Republic of Belarus.

The decision on refusal to request the case file and bring a protest shall be made if it is seen from the complaint in exercise of supervision and submitted documents that the arguments stated therein cannot entail a cancellation of the court resolution, or the time limit for submission of the complaint in exercise of supervision has been missed for invalid reasons, or the cassation complaint (protest) has not been submitted for invalid reasons.

The decision on refusal to request the case file and bring a protest shall be stated in writing, signed by the official who has adopted it, and sent to the person who had submitted the complaint in exercise of supervision.

If the official who has the right to bring a protest in exercise of supervision, after checking the case in the order of supervision, does not find the grounds for bringing a protest, the decision shall be made on refusal to bring a protest, on which fact the person who submitted the complaint in exercise of supervision shall be informed.

The response to the complaint in exercise of supervision shall specify:

position, surname, own name, patronymic of the official who has adopted the decision;

date of adoption of the decision;

case on which the decision has been adopted;

surname, own name, patronymic (name) of the person who has submitted the complaint;

ground on which it was refused to request the case file and bring a protest;

explanation to the person who has submitted the complaint in exercise of supervision of the right to appeal against the decision adopted on the complaint.

In the event of a refusal to bring a protest in the order of supervision, the complaint in exercise of supervision and copies of the court resolutions being appealed shall remain at the court considering economic cases of supervising instance or at the Prosecutor General’s Office of the Republic of Belarus.

Article 309. Bringing a protest in exercise of supervision

At the presence of grounds provided by Article 314 of the present Code, the official who has the right to bring a protest in exercise of supervision, shall bring such a protest and send it together with the case file to the corresponding court considering economic cases of supervising instance.

The protest in the order of supervision may be brought within one year from the day of the entry into legal force of the court resolution. Unless subsequent court resolutions cancel (change) the court resolution which has settled the dispute (case) on the merits, the time limit to move a protest shall be computed from the date of entry into legal force of this court resolution.

The term for bringing a protest in exercise of supervision shall be restored if the complaint has been submitted with observance of the established time limit for its submission, but the decision on it has not been adopted. The restoration of the time limit for bringing a protest in exercise of supervision shall be indicated in the protest.

If the protest is brought in connection with the complaint in exercise of supervision submitted with violation of the time limit set forth by part two of Article 300 of the present Code, or without appealing the court resolution at the courts considering economic cases of appeal and cassation instances, it shall contain the motives on which it is admitted that it had occurred for valid excuse.

If the protest is brought by the Prosecutor General of the Republic of Belarus or his deputies in the instances provided by part four of Article 308 of the present Code without a complaint, it must indicate motives which constituted the ground for requesting the case file.

A copy of the protest in exercise of supervision shall be directed to the persons participating in the case not later than five days from the day of bringing the protest to the court considering economic cases of supervising instance.

The official who has brought the protest in exercise of supervision is entitled to recall the protest prior to the beginning of consideration of the case, with substantiation of the reasons of its recall. The persons participating in the case shall be informed on the recall of the protest in exercise of supervision.

Article 310. Contents of the protest in exercise of supervision

The protest in exercise of supervision shall contain:

name of the court considering economic cases of supervising instance to which the protest is being brought;

name of the court considering economic cases which has adopted the court resolution being protested, number of the case, date of adoption of the court resolution, its summary; data on other court resolutions adopted on this case; motive on which it is recognized that the court resolutions have not been appealed against in the court considering economic cases of appellate and cassation instances for valid reasons;

grounds for sending the case for consideration to the court considering economic cases of supervising instance, provided by Article 314 of the present Code, motives for sending with indication of concrete norms of the substantive and/or procedural law, violated at adoption of the court resolution being protested;

plea of the official, who has brought the protest.

Article 311. Leaving the protest in exercise of supervision without consideration

The court considering economic cases of supervising instance shall leave the protest in exercise of supervision without consideration if:

the protest has been moved without the reasons provided by Article 308 of the present Code, and/or, respectively, the complaint, presentation or petition has not been enclosed thereto;

the protest has been brought after the expiration of the time limit established by part two of Article 309 of the present Code and does not indicate the restoration of the time limit for bringing the protest in the order provided for by part three of Article 309 of the present Code;

the protest does not meet the requirements established by Article 310 of the present Code.

Leaving of the protest in exercise of supervision without consideration on the grounds provided by part one of the present Article shall not preclude a repeated bringing of the protest after elimination of the revealed violations.

Article 312. Order and time limits of consideration of the protest in the court considering economic cases of supervising instance

When considering the case in exercise of supervision, the rules of the present Code for consideration of the cases in the court considering economic cases of first instance shall be applied with exemptions and additions provided for by the present Chapter, as well as with regard to the substance of the proceedings in exercise of supervision.

The court considering economic cases of supervising instance shall accept the case for its consideration on the basis of the protest brought in accordance with Article 310 of the present Code.

The protests shall be included into the agenda of the court considering economic cases of supervising instance in the order of priority of their receipt. The court considering economic cases of supervising instance is not entitled to consider in the judicial session the cases, which have not been placed on the agenda.

The protests shall be considered by the Presidium of the Supreme Court of the Republic of Belarus within the time limit of not more than two months, and by the Plenum of the Supreme Court of the Republic of Belarus – within the time limit of not more than three months from the day of receipt of the protest by the corresponding court considering economic cases of supervising instance.

The person who has brought the protest and the persons participating in the case are entitled to participate in the session of the court considering economic cases of supervising instance. Non-appearance of the mentioned persons does not preclude the consideration of the case at the court considering economic cases of supervising instance.

The persons participating in the case, if they have been informed on the time and place of consideration of the case and appeared at the judicial session, are entitled to give explanations after the report of the case.

Conducting the minutes of the judicial session and the protocol of a separate procedural action of the court considering economic cases of supervising instance is mandatory in the instances directly provided by the present Code.

After speeches of the persons participating in the case and the persons attending the judicial session, the court considering economic cases of supervising instance shall adopt the resolution in a closed session.

The result of the consideration of the protest shall be announced publicly.

Article 313. Limits of consideration of the case in exercise of supervision

When considering a case in exercise of supervision, the court considering economic cases of supervising instance shall check the correctness of application and interpretation of the norms of the substantive and procedural law by the courts considering economic cases of first, appellate and cassation instances, on the basis of the materials available in the case file.

Article 314. Grounds for change or cancellation of court resolutions in exercise of supervision

The court resolutions, entered into legal force, of the courts considering economic cases are subject to change or cancellation if it is established that they essentially violate the norms of the substantive and/or procedural law. The court resolution may not be cancelled on formal grounds.

Article 315. Powers of the court considering economic cases of supervising instance

The court considering economic cases of supervising instance is entitled:

to leave the court resolutions of the courts considering economic cases of first, appellate and cassation instances or the court resolution of the court considering economic cases of inferior supervising instance without change, and the protest – without satisfaction;

to cancel the court resolutions of the courts considering economic cases of first, appeal and cassation instances or the court resolution of the court considering economic cases of inferior supervising instance in whole or in part, and to send the case to a new consideration;

to cancel the court resolutions of the courts considering economic cases of first, appellate and cassation instances or the court resolution of the court considering economic cases of the inferior supervising instance in whole or in part, and to leave the statement of claim without consideration or to terminate the proceedings on the case;

to uphold one or several court resolutions issued on the case;

to change or cancel the court resolutions of the courts considering economic cases of first, appellate and cassation instances or the court resolution of the court considering economic cases of inferior supervising instance and to adopt a new court resolution, without transferring the case to a new consideration, if a mistake in application and interpretation of the norms of the substantive and/or procedural law has been made, but all circumstances of the case have been established fully and correctly, and are confirmed by the necessary evidence.

Article 316. Obligatoriness of instructions of the court considering economic cases of supervising instance

Instructions of the court considering economic cases of supervising instance, stated in the resolution on cancellation of the court resolution, are binding for the court considering economic cases, which reconsiders the case.

The court considering economic cases of supervising instance is not entitled to establish or consider to be proved the circumstances which have not been established in the judicial session of the court considering economic cases or have been rejected by it, to predetermine the issues of authenticity or falsity of this or that evidence, of advantage of this or that evidence, and also to specify which court resolution shall be adopted at a new consideration of the case.

Article 317. Resolution of the court considering economic cases of supervising instance

The resolution of the court considering economic cases of supervising instance on the results of consideration of the case shall specify :

number of the case, date and place of adoption of the court resolution; composition of the court which has adopted the resolution, surname and initials of the judge-reporter; surnames and initials of the persons attending the session with indication of their powers;

surname, own name, patronymic (name) of the person who has submitted the complaint in exercise of supervision, if the protest has been brought in connection with such a complaint;

surnames, own names, patronymics (names) of the persons participating in the case;

summary of the essence of the case;

names of the courts considering economic cases which had considered the case in first, appellate and cassation instances or of the court considering economic cases of inferior supervising instance, date of adoption and he summary of the adopted court resolutions;

arguments stated in the complaint in exercise of supervision;

arguments stated in the protest in exercise of supervision;

explanations of the persons who were present at the judicial session;

references to the legislative and other normative legal acts, which the court considering economic cases of supervising instance was guided by at adoption of the court resolution; arguments on which the court did not apply the legislative and other normative legal acts to which the person who brought the protest has referred;

when changing or cancelling the court resolutions – motives on which the court considering economic cases of supervising instance has not agreed with the conclusions of the courts considering economic cases of first, appellate and cassation instances or the court considering economic cases of inferior supervising instance;

conclusions on the results of consideration of the protest in exercise of supervision and of the complaint in exercise of supervision, if the protest was brought in connection with such a complaint;

actions which shall be made by the persons participating in the case and by the courts considering economic cases, if the case is transferred to a new consideration.

At conclusion by the parties of an amicable agreement during consideration of the protest, the court considering economic cases of supervising instance shall adopt a resolution on cancellation of the resolutions of the courts considering economic cases of first, appellate and cassation instances or of the court resolution of the court considering economic cases of inferior supervising instance, on approval of the amicable agreement and on termination of the proceedings on the case, which shall be sent to the persons participating in the case.

Article 318. Order of adoption of resolution of the court considering economic cases of supervising instance

The resolution of the Presidium of the Supreme Court of the Republic of Belarus is deemed to be adopted if more than half of the members of the Presidium of the Supreme Court of the Republic of Belarus have attended the session, and the majority of the total number of those present have voted for the resolution. The person presiding at the session shall be the last to vote.

The resolution of the Plenum of the Supreme Court of the Republic of Belarus is deemed to be adopted if more seventy-five percent of the members of the Plenum of the Supreme Court of the Republic of Belarus have attended the session, and the majority of the total number of those present have voted for the resolution. The person presiding at the session shall be the last to vote.

At the equality of votes, the court considering economic cases of supervising instance shall leave the protest in exercise of supervision without satisfaction, and the court resolution – without change.

The resolution of the Presidium of the Supreme Court of the Republic of Belarus shall be signed by the chairing person. The resolution of the Plenum of the Supreme Court of the Republic of Belarus shall be signed by the chairing person and the Secretary of Plenum of the Supreme Court of the Republic of Belarus.

The resolution of the court considering economic cases of supervising instance enters into legal force from the moment of its adoption, and not later than ten days from the day of its adoption, a copy of the resolution shall be sent to the person who has submitted the complaint in exercise of supervision, and to other persons participating in the case.

CHAPTER 34
REVISION OF COURT RESOLUTIONS ENTERED IN VIEW OF NEWLY DISCOVERED CIRCUMSTANCES

Article 319. Grounds for reopening of the case in view of newly discovered circumstances

Court resolutions which entered into legal force may be reconsidered by the court considering economic cases, which has adopted them in view of newly discovered circumstances.

The grounds for reopening of the case in view of newly discovered circumstances are:

circumstances disproving conclusions of the court considering economic cases on the case, which were not and could not be known to the claimant and the court considering economic cases;

knowingly false testimony of a witness, knowingly false conclusion of an expert and specialist, knowingly wrong translation, counterfeit documents or material evidences, established by the sentence of court that entered into legal force, which have entailed the adoption of an illegal or unsubstantiated court resolution on the case;

criminal actions, established by the sentence of a court which entered into legal force, of the persons participating in the case or their representatives, or criminal actions of the judges committed in connection with the case;

cancellation of the court resolution of the court considering economic cases or another court or of the resolution of another body, which have served the grounds for adoption of this court resolution, and adoption of the corresponding resolution opposite in its contents to the corresponding act (in whole or in part), on the basis of which the court resolution on this case had been adopted;

recognition by the court resolution, which entered into legal force, of the court considering economic cases or of another court of general jurisdiction of the transaction to be invalid, which has entailed adoption of an illegal or unsubstantiated court resolution on the case;

recognition by the Constitutional Court of the Republic of Belarus of the legislative acts applied by the court considering economic cases in the case, to be non-compliant in whole or in part to the Constitution of the Republic of Belarus, or non-compliant, in whole or in part, to normative legal acts of the greater legal force.

Article 320. Initiation of proceedings on reopening of the case in view of newly discovered circumstances

The proceedings on reopening of the case in view of newly discovered circumstances may be commenced upon a statement of the persons participating in the case, and also upon a presentation of the officials having the right to bring a protest in exercise of supervision, within the limits of their competence.

The statement (presentation) on reopening of the case in view of newly discovered circumstances shall be submitted to the court considering economic cases in writing and shall be signed by the claimant (official).

The application on reopening of the case in view of newly discovered circumstances may be submitted not later than three months from the day of discovery of newly discovered circumstances. For submitting a presentation, no time limits are established.

The statement (presentation) on reopening of the case in view of newly discovered circumstances shall specify:

name of the court considering economic cases, to which the statement (presentation) is being submitted;

substantiated plea on initiation of the proceedings on reopening of the case;

the court resolution subject to cancellation and the grounds for its cancellation;

evidence confirming the presence of newly discovered circumstances and the moment of discovering them;

evidence confirming the sending to the persons participating in the case of copies of the statement (presentation) on reopening of the case and the documents enclosed thereto;

surname, own name, patronymic (name) of the person who is submitting the statement (presentation) and the date of submission thereof.

The court considering economic cases shall issue the ruling on initiation of the proceedings on reopening of the case in view of newly discovered circumstances.

At submission of the statement on reopening of the case in view of newly discovered circumstances upon the expiration of the time limit provided by part three of the present Article for its submission, and in the absence of the petition for restoration of the missed time limit, and also at non-submission of the evidence confirming the sending to the persons participating in the case of copies of such a statement (presentation), this statement (presentation) shall be returned to the person who had submitted (brought in) it.

A ruling shall be issued on return of the statement (presentation), which may be appealed against under the procedure established by the present Code.

Article 321. Computation of the time limits for submission of the statement on reopening of the case in view of newly discovered circumstances

The time limits for submission of the statement on reopening of the case in view of newly discovered circumstances shall be computed:

in the instance provided by indent two of part two of Article 319 of the present Code, – from the day when the plaintiff has learnt about a newly discovered circumstance;

in the instances provided by indents three and four of part two of Article 319 of the present Code, – from the day of entry into legal force of the sentence of the court;

in the instances provided by indents five and six of part two of Article 319 of the present Code, – from the day of entry into legal force of the new court resolution or the resolution of another body, opposite by its contents to the corresponding act, on the basis of which the court resolution being reconsidered was adopted;

in the instance provided by indent seven of part two of Article 319 of the present Code, – from the moment of adoption of the decision by the Constitutional Court of the Republic of Belarus.

Article 322. Courts considering economic cases, which consider statements (presentations) on reopening of the case in view of newly discovered circumstances

The statement (presentation) on reopening of the case in view of newly discovered circumstances with the aim to cancel the court resolution of the court considering economic cases of first instance shall be considered by the court considering economic cases, which has adopted this resolution, provided that the courts considering economic cases of appeal, cassation or supervising instances made no changes therein.

The statement (presentation) on reopening of the case in view of newly discovered circumstances with the aim to cancel court resolutions of the courts considering economic cases of appeal, cassation and/or supervising instances, by which it was changed, or a new court resolution has been adopted, shall be considered by the court considering economic cases of that instance, in which it had been changed, or where the new court resolution had been adopted.

Article 323. Consideration of the statement (presentation) on reopening of the case in view of newly discovered circumstances

The statement (presentation) on reopening the case in view of newly discovered circumstances shall be considered in judicial session within the time limit of not more than one month from the day of its receipt to the court considering economic cases. The complainant, the official who has brought in the presentation, and other persons participating in the case, shall be notified by the court considering economic cases on the time and place of holding the judicial session by the registered mail with notification of delivery. Non-appearance of the said persons properly informed on the time and place of holding the judicial session shall not preclude the consideration of the statement (presentation).

The statement (presentation) on reopening of the case in view of newly discovered circumstances shall be considered according to the rules established by the present Code, including with regard to the rules established for consideration of cases at the court considering economic cases of first instance, subject to exclusions and additions provided by the present Chapter, and also with regard to the essence of proceedings on reopening of the case in view of newly discovered circumstances.

Article 324. Powers of the court considering economic cases at consideration of the statement (presentation) on reopening of the case in view of newly discovered circumstances

After consideration of the statement (presentation) on reopening of the case in view of newly discovered circumstances, the court considering economic cases is entitled:

to satisfy the statement (presentation), to cancel the court resolutions adopted earlier on the case, and to reopen the case in view of newly discovered circumstances;

to refuse the reopening of the case in view of newly discovered circumstances.

Upon cancellation of the court resolutions adopted earlier on the case and reopening of the case in view of newly discovered circumstances, the court considering economic cases shall adopt a judgment which may be appealed against under the procedure established by the present Code.

After adoption of the judgment on cancellation of the court resolutions adopted earlier on the case, and reopening of the case in view of newly discovered circumstances, this case shall be considered at the same court considering economic cases under the procedure established by the present Code.

SECTION IV
EXECUTIVE PROCEEDINGS

CHAPTER 35
GENERAL PROVISIONS

Article 325. Concept of executive proceedings, its task and ground for execution

Executive proceedings on economic disputes is application by the court executor, on grounds and under the procedure established by the present Code and other act of legislation, of the measures directed at restoration, including the enforced one, of the violated legitimate interests of the party (parties) in the sphere of economic activity.

The task of the executive proceedings is a timely and complete execution by the court executor of the court resolution or another act with the aim to restore the violated rights of the person who has submitted a demand thereto.

The ground for executions shall be submission to the enforcement body of an execution document for its execution under the procedure established by the present Code.

Article 326. Competence of the courts considering economic cases in executive proceedings

The courts considering economic cases shall issue court orders, duplicates of court orders, decide the issue concerning the reverse execution of the court resolution, issue execution documents on the basis of other documents, restore the time limits for presentation of the execution document, consider petitions for temporary restriction of the right of a citizen or individual entrepreneur, being debtors, to exit the Republic of Belarus, temporary restriction of the right of a citizen or individual entrepreneur, being debtors, to drive motor vehicles, to drive small vessels, to hunting; for delay or extension of execution of a court resolution, presentation of the court executor, complaints (protests) to resolutions, actions (omission) of the court executor, and also resolve other issues provided by the present Code and other acts of legislation.

Article 327. Competence of the court executor in the executive proceedings

While executing the duties on execution of court resolutions and other acts under the procedure established by the present Code, the court executor is a representative of public authority and remains under protection of the state.

All issues on executive proceedings, with the exception of the issues referred by the present Code to the competence of the court considering economic cases, are referred to the competence of the court executor.

The court executor shall initiate, on the grounds and in the order established by the present Code, the executive proceedings, perform control over the voluntary execution, carry out enforcement and return of the execution document to the recoverer, bring in to the court considering economic cases a presentation on issues established by the present Code, take measures on establishing the location of the debtor, and carry out other actions provided by acts of legislation.

Article 328. Court resolutions and other acts subject to execution

According to the present Code, the following is subject to execution:

court resolutions of the courts considering economic cases;

awards of the courts of arbitration, other permanent arbitration bodies on economic disputes;

judgments of foreign courts on economic disputes;

foreign arbitral awards;

awards of international arbitration courts (courts of arbitration) located in the territory of the Republic of Belarus on economic disputes;

other acts the execution of which is referred, in accordance with the legislative acts, to the competence of the court executor.

Article 329. Execution documents

The execution documents, subject to enforcement by court executors in the order established by the present Code, are:

court orders of the courts considering economic cases, being issued on the basis of court resolutions of the courts considering economic cases, awards of courts of arbitration, international arbitration courts (courts of arbitration), courts of arbitration, other permanent arbitration bodies, located in the territory of the Republic of Belarus, judgments of foreign courts, and foreign arbitral awards;

rulings of the court considering economic cases on the court order;

resolutions of court executors in the instances established by the present Code;

resolutions of the court, a body conducting the administrative proceedings, in the part of material sanctions on the cases on administrative offences;

execution documents of foreign courts in the cases provided by treaties of the Republic of Belarus;

other acts if by virtue of the legislative acts they are execution documents and are subject to execution under the procedure established by the present Code.

Article 330. Issuance of court order by the court considering economic cases

The court considering economic cases shall issue, on the basis of the court resolution adopted by it, after its entry into legal force, a court order to the recoverer, with the exception of for the case of immediate execution, when the court order shall be issued immediately after adoption of the judgment, and also of the cases provided by the present Code.

Article 331. Issuance of several court orders on one court resolution

If the court resolution has been adopted in favour of several plaintiffs or against several respondents, or if the execution shall be made in the territory located in the jurisdiction of enforcement bodies, several court orders shall be issued with indication in each of them of the part which is subject to execution under this court order.

At imposing of joint and several liability, the court orders shall be issued according to the number of joint and several debtors. In this instance, each of the court orders shall specify the total sum subject to recovery in favour of the creditor, names of all debtors, and their joint and several liability.

In case of subsidiary (additional) liability of one of the debtors, the court order on recovery from a subsidiary debtor shall be issued after presentation by the recoverer of evidence of impossibility to recover the whole awarded sum from the principal debtor.

At granting of by-installment recovery to the debtor, the recoverer shall be issued, on his statement, separate court orders on recovery of each sum defined by the by-installment recovery .

Article 332. Issuance of a duplicate of the court order

In case of loss of the original of the court order, the court considering economic cases, which has adopted the court resolution and issued the original of the court order, shall issue, upon the statement of the recoverer or presentation of the court executor, a duplicate of the court order. The statement (presentation) may be submitted prior to the expiration of the time limit established for presentation of the court order for execution.

The statement on issuance of the duplicate of the court order shall be considered in session of the court considering economic cases with notification of the recoverer and the debtor by registered mail with notification of delivery, and also with notification of the court executor. Non-appearance of the mentioned persons properly notified shall not preclude the consideration of the statement.

A ruling shall be issued on the results of consideration of the statement (presentation), which shall be sent to the recoverer and to the debtor.

The ruling on issuance of the duplicate of the court order may be appealed against under the procedure established by the present Code.

The official guilty of the loss of the original of the court order, shall be brought to liability in accordance with the legislation.

Article 333. Contents of the court order

The court order of the court considering economic cases shall specify:

name of the court considering economic cases, which has issued the court order;

case or another act, on which the court order has been issued, and its number;

date of adoption of the court resolution;

surname, own name, patronymic (name) of the recoverer and the debtor, their places of residence (places of stay) or location;

resolutory part of the court resolution;

date of entry into legal force of the court resolution;

date of issuance of the court order, and its validity period.

If while adopting the judgment, the court considering economic cases grants a delay or an extension of execution of the court resolution, the court order must specify these circumstances, and also it must specify from what time the running of the validity period of the court order shall start. The court order may also specify other data necessary for execution thereof. The court order shall be signed by the judge of the court considering economic cases (person presiding at the judicial session), and certified by the stamp seal of the court considering economic cases.

Article 334. Reverse of execution of the court resolution

In the instances when the executed court resolution has been changed or cancelled, and a new court resolution has been adopted on a complete or partial refusal of the claim, or the proceedings of the case have been terminated, or the claim has been left without consideration in whole or in part, the debtor shall be returned everything that has been recovered from him in favour of the creditor under the court resolution that was changed or cancelled in the corresponding part (reverse of execution of the court resolution).

If a court resolution, which was not executed, has been changed or cancelled, and a new court resolution has been adopted on a complete or partial refusal of the claim, or the proceedings of the case have been terminated, or the claim has been left without consideration in whole or in part, the court considering economic cases shall adopt a court resolution about a complete or partial termination of recovery under the corresponding part of the court resolution which was changed or cancelled.

Article 335. Deciding on the issue on reverse of execution of the court resolution

The issue of reverse of execution of the court resolution must be decided by the court considering economic cases, which shall adopt a new court resolution.

The court considering economic cases, which is considering the case in appellate, cassation or supervising instance, if it finally resolves the dispute, or terminates the proceedings on the case, or leaves the application without consideration in whole or in part, is obliged to decide on the issue on reverse of execution of the court resolution which was enforced.

If the resolution about a change or cancellation of the court resolution has no indication to the reverse of its execution, the debtor is entitled to submit a statement on reverse of the execution of the court resolution to the court considering economic cases of first instance.

The court considering economic cases shall issue the ruling on the results of consideration of the statement on reverse of the execution of the court resolution, which may be appealed against under the procedure established by the present Code.

In case of reverse of the execution of the court resolution, the court considering economic cases shall issue a court order on return of the recovered sums of money, property or its value on the ground of statements of legal persons or citizens, which shall be accompanied by the document confirming the execution of the court resolution adopted earlier.

Article 336. Issuance by the court considering economic cases of an execution document on the basis of other acts

When considering the issuance of the court order on the basis of the acts specified in indent seven of Article 328 of the present Code, the court considering economic cases shall issue a motivated ruling about the issuance or refusal to issue the court order.

Rulings of the court considering economic cases on issuance or refusal to issue the court order may be appealed against under the procedure established by the present Code.

Article 337. Time limits for presenting execution documents for execution

An execution document may be submitted for execution not later than six months from the day of entry into legal force of the court resolution or from the day of expiration of the time limit established at the delay or extension of its execution, or from the day of adoption of the ruling of the court considering economic cases on restoration of the missed time limit for presentation of the court order for execution.

In case the execution of the court resolution has been suspended, the time on which it has been suspended, shall not be counted in the time limit provided by part one of present Article for presentation of the execution document for execution.

On judgments on collecting periodic payments, the time limit for presentation of the court order for execution is effective for each payment separately, and its running commences from the day when each payment becomes due.

The executive proceedings may not be initiated on execution documents in relation to which the limitation period for their presentation for execution has expired.

Article 338. Suspension of the limitation period

Running of the limitation period for presentation of execution documents for execution shall be suspended at the presence of the grounds provided by the Civil Code of the Republic of Belarus for suspension of limitation periods.

Article 339. Interruption of the limitation period

The limitation period for presentation of the execution document for execution is interrupted by its presentation by the recoverer for execution to the bank or non-banking credit and financial organization, or by initiation of the executive proceedings, unless otherwise provided by the legislation.

In event of the return of the execution document to the recoverer, on which the recovery has not been made or made in part, the computation of a new time limit for presentation of the execution document for execution shall start from the day of its return by the bank, non-banking credit and financial organization, or by the court executor to the recoverer.

After interruption, the running of the limitation period shall start again; in this instance the expired time is not included in the new time limit.

The execution document shall be deemed to be submitted for execution from the day of receipt by the bank, non-banking credit and financial organization, or by the court executor of the properly made statement and the execution document.

Article 340. Restoration of the missed time limit for presentation of the execution document for execution

In case of missing the time limit for presentation of the execution document for execution for the reasons recognized by the court considering economic cases to be valid, the missed time limit may be restored by it.

The petition for restoration of the missed time limit for presentation of the execution document for execution shall be submitted to the court considering economic cases, which had issued the court order.

The petition on restoration of the missed time limit for presentation of the execution document for execution shall be considered in judicial session of the court considering economic cases with notification of the recoverer and the debtor by registered mail with notification of delivery. Non-appearance of the mentioned persons properly notified shall not preclude the consideration of the statement.

The court considering economic cases shall issue a ruling on the results of consideration of the petition for restoration of the missed time limit for presentation of the execution document for execution, which shall be sent to the recoverer and to the debtor.

Rulings of the court considering economic cases on restoration of the missed time limits for presentation of the execution document for execution, or on refusal to restore it may be appealed against under the procedure established by the present Code.

Article 341. [Excluded]

Article 342. Obligatoriness of execution of demands of the court executor. Rights of the court executor in the executive proceedings

Lawful demands of the court executor on execution of execution documents in the territory of the Republic of Belarus are mandatory for execution by all state bodies, bodies of local government and self-government, and legal persons irrespective of the form of ownership, organizations not being legal persons, officials, individual entrepreneurs and citizens.

Non-fulfillment or obstruction to execution of the demands of the court executor, insult to his honour and dignity, violence in relation to the court executor, encroachment on his life, health and property, or a threat of committing such violence and encroachment, and also other actions obstructing execution of the duties imposed on him shall entail the liability of guilty persons in accordance with the legislation.

When executing his official duties, the court executor has the right to undertake actions provided by the present Code and other acts of legislation.

The court executor is entitled, it the presence of lawful grounds, to perform other actions provided by the legislation aimed at execution of the execution document.

Article 343. Resolution of the court executor

The court executor shall issue a resolution in the instances provided by the present Code.

The resolution of the court executor shall specify:

name of the enforcement body where the court executor is at service, surname and initials of the court executor who has issued the ruling;

date and place of making the resolution , its number and the grounds for initiation of the executive proceedings on which the resolution is issued; surname, own name, patronymic (name) of the recoverer and the debtor;

data which have served as the ground for issuing the resolution ;

conclusions on the issue being considered;

motives of the adopted resolution with reference to corresponding normative legal acts;

explanations about the order and time limit for appealing (protesting) against the resolution.

The resolution shall be signed by the court executor and certified by the seal of the court executor, with the exception of resolution being executive documents which shall be verified by the official seal.

The court executor is entitled, on a statement of the party or on its own initiative, to correct slips of pen, typing errors and arithmetic mistakes made in the issued resolution or act, without changing their content, about which he shall issue a respective resolution.

The court executor shall send copies of the resolution to the parties, and if necessary – to other participants of the executive proceedings, not later than on the day following the day of issuing the resolution.

Article 344. Challenge to the court executor

The court executor may not participate in execution of the execution document and is subject to challenge upon his written statement or upon statements of the recoverer or the debtor, if the court executor is personally directly or indirectly interested in the outcome of the execution of the execution document, is a close relative of one of the parties, or there are other circumstances established by the recoverer, debtor or the head of the enforcement body and which causing doubts in his impartiality. The issue of challenging the court executor shall be resolved by the head of the enforcement body, which shall issue a ruling to this effect.

The ruling on challenging the court executor may be appealed against under the procedure established by the present Code.

In case of a challenge to the court executor, the executive proceedings shall, on the basis of the ruling of the head of the enforcement body, shall be transferred to another court executor.

Article 345. Rights and duties of the parties in the executive proceedings

The parties in the executive proceedings are the recoverer (the person in favour of whom the execution is being made) and the debtor (the person who is obliged to execute certain actions in favour of the recoverer or the person from whom the recovery is being made).

The recoverer is entitled to demand performance of the enforcement of the execution document. The parties of executive proceedings are entitled to be present at performance by the court executor of executive actions, to get acquainted with the materials of the executive proceedings, with the exception of materials which are for official use only, to make extracts therefrom, the make copies at their own cost, to submit additional materials, to state petitions, to participated in performance of executive actions, to give explanations in oral and written form in the course of performance of executive actions, to state challenges, to appeal against rulings, actions (omission) of the court executor, and also to enjoy other rights provided by the present Code. The parties of executive proceedings are entitled to conclude an amicable agreement to be approved in the order established by the present Code or a mediation agreement.

The parties of executive proceedings are obliged to timely submit information, requested by the court executor, concerning the execution of demands of the execution document, written explanations, documents and materials, to arrive upon a summon of the court executor, to fulfil other actions provided by the present Code of other acts of legislation or imposed on them by the court, court executor.

Article 3451. Obligatoriness of submission of the data about property and incomes, sources of incomes

The debtor is obliged, on a request of the court executor, to submit data about property he posses, sources of incomes being received, and also to indicate grounds for all property claims being due to him. Non-fulfillment of the demands of the court executor shall entail the liability established by the legislative acts.

Application of measures of liability to the debtor does not release him from the duty to submit the data established by part one of the present Article.

Article 3452. Compelled bringing of the debtor

Upon non-appearance without valid reasons of the debtor or his representatives, and also of founders of the legal persons, which have been summoned under the established procedure to the enforcement body before the court executor in the instances provided by the present Code, they may be subjected to compelled bringing which is a measure of procedural influence. Execution of a ruling of the court executor on compelled bringing shall be carried out by territorial bodies of internal affairs.

The ruling on compelled bringing shall be announced to the person in relation to whom the compelled bringing is made, immediately before the execution.

Pregnant women and persons being temporarily unable to work shall not be subjected to compelled bringing.

In the event when the compelled bringing is impossible, the official of the bodies of internal affairs shall draw up an act on reasons for non-fulfillment of the ruling and send it along with the ruling to the court executor who has issued the ruling.

Article 346. [Excluded]

Article 347. Rights and duties of other participants of the executive proceedings

Rights and duties of the experts, specialists, attesting witnesses and other participants of the executive proceedings are determined by the present Code.

Article 348. Measures to ensure execution of the execution document

Application of measures to ensure execution of the execution document is allowed at any stage of the executive proceedings, if non-application of them can complicate or make such execution impossible.

The issue of application of measures to ensure execution of execution documents shall be considered without summoning the parties. The recoverer and the debtor, and also to other persons on which the duty to take measures on ensuring the enforcement of the execution document has been imposed, shall be informed about application of measure to ensure execution of the execution document to not later than on the day following the day of adoption the decision on application of ensuring measures.

The measures to ensure enforcement of the execution document are:

imposing arrest on the property of the debtor, including on the cash sums of money, belonging to him and kept by him and/or by other persons;

imposing arrest on the monetary means placed on accounts in banks and/or non-bank credit and financial organizations;

suspension, in full or in part, of operations on current (settlement) and other bank accounts of legal persons, individual entrepreneurs or citizens;

seizure of the property of the debtor kept by him and/or by other legal persons, individual entrepreneurs or citizens, and transfer thereof by the court executor for storage under the procedure established by the present Code;

prohibition to the debtor to execute certain actions;

prohibition to the debtor to use the property belonging to him or instruction to use it within the limits established by the court;

prohibition to other persons to transfer property to the debtor or to fulfill other obligations in relation to him;

temporary restriction of the right of a citizen or individual entrepreneur, being debtors, to exit the Republic of Belarus;

temporary restriction of the right of a citizen or individual entrepreneur, being debtors, to drive motor vehicles, to drive small vessels, to hunting, with the exception of the instances when it is necessary to use these rights in connection with disability or as a sole source of incomes, – for the time limit till the execution by the debtor of obligations, but not more than five years;

other measures provided by legislative acts.

The court executor is entitled, on a statement of the recoverer or on its own initiative, to issue a resolution on application of measures on ensuring execution of the execution document provided by indents two – eight and eleven of part three of the present Article. The court considering economic cases is entitled, on a statement of the recoverer or on a presentation of the court executor, to issue a ruling on application of measures on ensuring execution of the execution document provided by indents nine and ten of part three of the present Article. In the event of receipt of respective statement of the recoverer, presentation of the court executor, the issuance of the resolution by the court executor, and of the ruling by the court considering economic cases, shall be carried out within a three-day period.

Measures on ensuring execution of the execution document provided by indents two – four of part three of the present Article shall be applied within the limits of the sum necessary for execution of demands contained in the execution documents, with account of expenses on performance of executive actions and ten percent from the sum to be recovered. The resolution on application of measures on ensuring execution of the execution document provided by indents three and four of part three of the present Article shall be an execution document.

Simultaneously several ensuring measures may be adopted for ensuring execution of the execution document.

It is allowed to substitute one measure on ensuring execution of the execution document by the other. The issue on substitution of one measure by the other shall be considered upon a statement of the recoverer without summoning the parties.

Execution of the ruling on application of the measure on ensuring execution of the execution document provided by indent nine of part three of the present Article may be suspended by a period determined by the court considering economic cases upon a petition of the debtor. The issue on adoption of such a ruling shall be resolved by the court considering economic cases in the order provided by part nine of the present Article.

Ensuring execution of the execution document may be cancelled upon a petition of the recoverer or debtor. The resolution of the court executor, ruling of the court considering economic cases on cancellation of ensuring execution of the execution document or on refusal to cancel it shall be adopted within the time limit of not later than three days from the day of stating a respective petition.

Resolution of the court executor, ruling of the court considering economic cases on application of measures on ensuring execution of the execution documents may be appealed against under the procedure established by the present Code. Submission of the complaint does not suspend the execution of this resolution, ruling.

Article 349. Supervision of the legality of execution of court resolutions and other acts

Supervision of the legality of execution of court resolutions and other acts shall be carried out by the public prosecutor.

Article 350. Liability for non-fulfillment of execution document, court resolution

Non-fulfillment by the bank or non-banking credit and financial organization, which is serving the debtor, for the reasons recognized invalid by the court considering economic cases, of the execution document submitted to execution on recovery of the monetary means from the account (accounts) of the debtor, and also of the court resolution on imposing arrest on the monetary means and other property of the debtor shall entail liability in accordance with the legislation. Besides, the court considering economic cases shall make a special court ruling, which shall be sent to the bank which is serving the debtor and the National Bank of the Republic of Belarus.

Non-performance by a person, for the reasons recognized by the court considering economic cases to be invalid, of the actions which are not of the property nature and the performance of which has been imposed on him by the court order of the court considering economic cases, shall entail liability in accordance with the legislation.

Bringing to liability of the persons specified in parts one and two of the present Article does not exempt them from the duty to execute the execution document or court resolution.

Article 351. Executive actions

At execution of an execution document, the court executor is entitled:

to summon the debtor or his representatives, and also of founders of the legal persons, to give explanations, submission of necessary documents;

to impose arrest on the property or the sums of money belonging to the debtor and kept by him and/or by other persons;

to examine the premises and storehouses of the debtor;

to carry out, under the procedure established by legislative acts, sale of the attached or seized property of the debtor;

to prohibit to the debtor and other persons to perform actions which obstruct the execution of an action in relation to the property and monetary means of the debtor;

To apply procedural influence in the form of compelled appearance in the order determined by Article 3452 of the present Code;

to suspend operation on accounts of citizens, individual entrepreneurs and legal persons in banks and/or non-bank credit and financial organizations in the absence or insufficiency of monetary means necessary for repayment of the indebtedness, upon the expiration of seven days given by the court executor for voluntary fulfillment of demands of the execution documents, and also in the event of non-submission to the court executor by a third person of information, under the procedure established by the present Code, about availability (absence) of monetary means or property being due to the debtor;

to receive data from information systems containing personal data and have access, including the remote access, to information systems containing such data, at a written request or on the basis of an agreement on providing personal data;

to request data bout property and incomes, sources of incomes;

to request from the parties and other persons oral or written information, materials or documents, necessary for carrying out execution of the execution document.

The resolution on suspension of expenditure operations is an execution document and shall be sent to the parties, to the bank and/or non-bank credit and financial organization and may be appealed against under the procedure provided by the present Code.

The court executor is entitled to perform and other necessary executive actions provided by the present Code and other acts of legislation.

Performance of action on execution of the execution document on nonworking days and night time is not allowed, with the exception of the instances which admit of no delay.

Receiving information about the debtor and his property may be carried out by means of the remote access to information data bases of state bodies and organizations.

Certain executive actions may be performed using electronic document circulation systems, information technologies, services, official sites of enforcement bodies in the global computer network Internet.

When certain executive actions are being performed, technical means, including equipment carrying out audio and video recording, filming, photographing, may be applied in the order established by acts of legislation.

Article 352. Evaluation of arrested property

Evaluation of the property enlisted in the arrest certificate shall be made by the court executor at the residual cost or at the sale price, and in the event of absence thereof – at market prices formed in the place of executing the arrest and effective as of the date of making the evaluation.

If it is difficult to evaluate separate objects or if arrested property, in accordance with the legislative acts, is subject to realization through public sale (electronic trading), the court executor shall enter a preliminary cost of these objects, when making the arrest, into the arrest certificate of the property, and make a special mark in the certificate. Subsequently, the evaluation of these objects shall be made by the court executor with participation of a specialist invited at the expense of the debtor, on which fact an evaluation certificate of the arrested property shall be drawn up.

In the event of realization of the arrested property from public sale (electronic trading), the evaluation of such property for determining its initial price shall be performed by the organizations which, in accordance with the legislative acts, have the right to carry out independent value appraisal of state property.

When legislative acts provide, concerning some kinds of state property, as an obligatory condition the sale of the land plot or of the right to conclude a lease contract of the land plot necessary for maintaining that property, and otherwise is not provided by the legislative acts, the initial price of such property shall include the initial price of the land plot or of the right to conclude a lease contract of that land plot. In this instance the funds spent on development of the land plot and on changing the land plot as a result of such development or state registration concerning those land plots are to be reimbursed by the participant who has won the public sale (electronic trading), in accordance with the legislation.

At levying execution, on the basis of the court resolution, on the property which is the subject of a pledge, the arrest certificate of the property shall indicate its value as indicated in the execution document of the court.

In case of disagreement of one of the parties with the evaluation made by the court executor, an expert examination of the property shall be appointed with the aim to determine the value of the arrested property, when the disagreement has been stated in writing within ten days from the day of receipt of a copy of the property arrest certificate or of the evaluation certificate of the arrested property.

Article 353. Proceedings on cases on appealing (protesting) against resolutions, actions (omission) of the court executor

A resolution of the court executor, and also his actions (omission) on execution of the execution document, may be appealed against by the recoverer, debtor, other interested persons and protested by the public prosecurot to a superior enforcing body (superior official), and in case of disagreement with its decision – to the court at the place of execution of the execution document.

Complaint (protest) on the resolution of the court executor shall be filed within ten days from the day or receipt of the copy of the resolution, and in case of its issuance with participation of the parties of the public prosecutor – within ten days from the day of its announcement.

Actions (omission) of the court executor on execution of the execution document, including those related with sending an obligatory prescription, may be appealed against by the recoverer, debtor, other interested persons, and by the public prosecutor – may be protested, within ten days from the day of performance of the said actions (establishment of the fact of omission), or from the day when the mentioned persons, who have not been notified on the time and place of fulfillment of the actions, have learnt about them.

Resolution on the complaint (protest) to the resolution, actions (omission) of the court executor, issued by the superior enforcement body (superior official) may be appealed to the court within ten days from the day of receipt of such a decision.

Complaints (protests) to the resolution or actions (omission) of the court executor shall comply with the requirements established by Articles 159 and 160 of the present Codes.

The complaints (protests) to the resolution or actions (omission) of the court executor shall also specify the data on the execution document in connection with execution of which the resolution or the actions (omission) of the court executor are appealed. In this instance the complaint (protest) shall be accompanied by the notification of delivery of a copy of the complaint (protest) and necessary evidence to the court executor and to the other party of the executive proceedings or by other documents confirming the sending thereof, and a copy of the appealed resolution issued by the court executor and received by the recoverer or the debtor.

The judge shall return the complaint (protest) on the resolution or actions (omission) of the court executor, if during the consideration of the issue on acceptance of the complaint (protest) for the proceedings it is established that if the complaint has been submitted with violations of requirements established by part six of the present Article, and also by Articles 159 and 160 of the present Code.

The court considering economic cases shall consider the cases on appealing (protesting) against the resolutions, actions (omission) of court executors within the time limit of not more than ten days from the day of receipt of such complaint (protest) to the court.

Complaints (protests) to the resolutions, actions (omission) of the court executor on execution of the execution document shall be considered in judicial session with notification of the parties (public prosecutor). Non-appearance of properly notified parties (public prosecutor) shall not preclude the consideration of the complaint (protest).

The court considering economic cases shall issue the ruling on the results of consideration of the complaint (protest) on resolutions, actions (omission) of the court executor on execution of the execution document, which shall compel the court executor to make an action within his competence or to resolve the problem on the merits.

The ruling of the court considering economic cases on the considered issue may be appealed against under the procedure established by the present Code.

CHAPTER 36
PERFORMANCE OF EXECUTIVE ACTIONS

Article 354. Place of performance of executive actions

Executive actions shall be made by the court executor at the location or residence of the debtor or in the place of realization of economic activities by the debtor, or at the location of his property.

If at performance of executive actions it is established that the property of the debtor is missing at a certain place, or the debtor has changed the place of residence (place of stay) or the place of location, the court executor shall, on the basis of the resolution issued by him, send the executive proceedings to the enforcing body at the new location of the property of the debtor or to its place of residence (place of stay), and inform the recoverer about the fact.

Article 355. Form and contents of statement on initiation of executive proceedings

A statement on initiation of the executive proceedings shall be submitted in writing and shall be signed by the recoverer or his representative.

The statement on initiation of executive proceedings must specify:

name of the enforcing body to which the application is being submitted;

data on the place of residence (stay) or the location, settlement (current) accounts of the debtor, location of the property of the debtor, its registration number of the payer, contact telephone numbers, email addresses, if the recoverer possesses such data;

data on the place of residence (stay) or the location, and settlement (current) accounts of the recoverer, to which the recoverable sums should be transferred, and his registration number of the payer, contact telephone numbers, email addresses (if available);

date of adoption and number of the execution document being presented for execution, data on the sum subject to recovery thereon, undertaken measures to secure the claim if those have been undertaken by judicial instances at the stage of economic proceedings;

list of documents being enclosed to the statement.

When presenting for execution of an execution document, which had been returned twice in accordance with indents three, four and six of part one of Article 366 of the present Code, the recoverer must additionally specify the data about the debtor and its property, which had not been verified in the course of execution.

Article 356. Initiation of the executive proceedings

The court executor shall initiate the executive proceedings after receipt of a statement properly made out of the recoverer with attachment of the execution document, which must be presented for execution, within the time limits specified in Article 337 of the present Code, by issuing a resolution on initiation thereof. In this instance, a notice shall be made on the execution document with indication of the date of initiation of the executive proceedings.

The resolution on initiation of the executive proceedings shall be issued by the court executor not later than three days from the day of receipt of the documents specified in part one of the present Article.

Article 357. Time limit for voluntary execution of the demands of the execution document

Enforcement of the execution document shall be made upon the expiration of seven days granted by the court executor for voluntary execution of the demands of the execution document, with the exception of immediate execution of the execution document issued on the basis of the court resolution.

Article 358. Refusal to initiate the executive proceedings

The court executor shall refuse to initiate the executive proceedings if:

the recoverer refused to carry out recovery;

there is an amicable agreement concluded between the recoverer and the debtor and approved by the court considering economic cases;

at liquidation of the legal person, which is the recoverer or the debtor, and after the death of the individual entrepreneur or citizen, who is the recoverer or the debtor, demands or duties cannot pass over to their successors;

the limitation period for presentation of the execution document for execution has expired;

act of the corresponding body, on the basis of which the execution document was issued, has been cancelled;

in other instances provided for by the legislative acts.

The resolution about refusal to initiate the executive proceedings shall be issued by the court executor not later than three days from the day of receipt by him of the statement on initiation of the executive proceedings and of the execution document.

In case of a refusal to initiate the executive proceedings after the expiration of the time limit for appealing against the resolution of the court executor, the execution document shall be sent to the court or another body, which had issued it.

Article 359. Return of the execution document without initiation of the executive proceedings

The execution document shall be returned by the court executor without initiation of the executive proceedings if:

requirements established by the present Code to the form and contents of the statement on initiation of the executive proceedings have not been observed;

execution of the court resolution has been suspended;

delay or extension of the execution of the court resolution have been granted to the debtor;

bankruptcy proceedings have been opened in relation to the debtor;

a competent body has taken the decision on liquidation (termination of activities) of the debtor;

evidence has not been enclosed concerning measures taken for indisputable writing off of monetary means in the order provided by the legislation;

when presenting for execution of an execution document which had been returned twice in accordance with indents three, four and six of part one of Article 366 of the present Code, the recoverer has not provided the data about the debtor and its property, which had not been verified in the course of execution;

there are other circumstances which prevent from initiation of the executive proceedings, provided by the legislative acts.

The court executor shall, not later than three days from the date of receipt of the statement on initiation of the executive proceedings, issue the resolution on returning the execution document with indication of the reasons which have served as the ground for refusal to accept the execution document for execution.

The resolution about returning the execution document shall be sent to the person who has signed the statement on initiation of the executive proceedings. Simultaneously with the resolution, the statement and the documents enclosed thereto shall also be returned.

The return of the execution document after elimination of the reasons which have served as the ground for its return shall not preclude a repeat presentation of the execution document or execution.

Article 360. Executive actions of compulsory nature

The executive actions of compulsory nature include actions of the court executor performed after the expiration of the time limit granted to the debtor for voluntary execution of the demands of the execution document.

The executive actions of compulsory nature are:

levying recovery on the property of the debtor, including on the cash sums of money, belonging to him and kept by him and/or by other persons;

levying recovery on the monetary means placed on accounts in banks and/or non-bank credit and financial organizations;

levying recovery on the monetary means due to the debtor and placed on accounts of other persons in banks and/or non-banking credit and financial organizations;

seizure from the debtor of the property specified in the execution document and its transfer to the recoverer;

levying recovery on the wages of the debtor- individual entrepreneur or citizen and/or on other incomes and sums specified in Article 389 of the present Code;

realization of the arrested property of the debtor on uncompleted executive proceedings at the presence on execution of the other executive proceedings on recovery from the same debtor;

other actions specified in the execution document and aimed at execution of the demands of the execution document.

Article 361. Search for the debtor

If during the executive proceedings, the court executor establishes that the debtor is absent at the address specified by the recoverer in the statement on initiation of the executive proceedings, and it is not obviously possible to establish his location or location of his property, on which the recovery may be levied, the court executor shall, upon notification of the recoverer about consideration of the issue of returning the execution document, inform him about the reasons, which have served as the ground for non-execution of the execution document.

The court considering economic cases is entitled, in the presence of the statement of the recoverer on initiation of the executive proceedings, to adopt a resolution on searching the debtor – individual entrepreneur or citizen through the bodies of internal affairs. The recovery of expenses for the search is performed from the debtor upon the statement of the body of internal affairs in judicial procedure.

Article 362. Duty of the court executor to suspend the executive proceedings

The court executor is obliged to suspend the executive proceedings in the event of:

death of the debtor-individual entrepreneur or citizen, if the legal relationship established by the court considering economic cases admits succession;

loss of active legal capacity by the debtor-individual entrepreneur or citizen;

stay of the respondent-individual entrepreneur or citizen in a unit of the Armed Forces, other troops or military formations of the Republic of Belarus, participating in combat operations, or a written plea of the recoverer who stays in a unit of the Armed Forces, other troops or military formations of the Republic of Belarus, participating in combat operations;

presentations of claims on releasing the property from arrest or exclusion thereof from the property inventory certificate;

appeal by the debtor of the execution document in the judicial order, if such appeal is allowed by the legislation;

initiation of the case on economic insolvency (bankruptcy) of the debtor;

announcements of search of the debtor according to Article 361 of the present Code;

suspension of execution of court resolutions under a resolution of the officials who are granted such right by the present Code;

retirement of the debtor from the case according to Article 62 of the present Code;

in other instances provided for by the legislative acts.

Article 363. Right of the court executor to suspend the executive proceedings

The court executor is entitled to suspend the executive proceedings in the event of:

a written plea of the debtor-individual entrepreneur or citizen remaining within the structure of the Armed Forces of the Republic of Belarus, other troops or military formations of the Republic of Belarus at compulsory military service, or engaged in execution of a state duty, passing the alternative service;

stay of the debtor-individual entrepreneur or citizen in a long-term (more than three months) business trip;

stay of the debtor-individual entrepreneur or citizen for more than three months at a medical institution;

submissions of a complaint (protest) on resolutions or actions (omission) of the court executor;

a written plea of the recoverer;

in other instances provided for by the legislative acts.

Article 364. Time limits of suspension of the executive proceedings

The executive proceedings shall be suspended:

in the instances provided by indents two, three and ten of Article 362 of the present Code, – till determining the successor of the debtor-individual entrepreneur or citizen, or appointment of a representative to the incapacitated debtor-individual entrepreneur or citizen;

in the instances provided by indent four of Article 362, indents two-four of Article 363 of the present Code, – till termination of the stay of the recoverer or the debtor-individual entrepreneur or citizen in the units of the Armed Forces, other troops or military formations of the Republic of Belarus, participating in combat operations, till termination of the stay of the recoverer and the debtor in the structure of the Armed Forces, other troops or military formations of the Republic of Belarus, till the end of passing by the debtor of the alternative service, if there are the circumstances interfering with the executive proceedings till the termination of execution by the debtor-individual entrepreneur or citizen of a state duty, his return from the business trip, exit from the medical institution;

in the instances provided by indents five and six of Article 362, indent five of Article 363 of the present Code, – till adoption by the corresponding court or official of a decision to cancel the resolution on suspension of the validity of the resolution of the court executor;

in the instance provided by indent seven of Article 362 of the present Code, – till opening of the bankruptcy proceedings on the case on economic insolvency (bankruptcy) of the debtor;

in the case provided by indent eight of Article 362 of the present Code, – for the period of up to six months;

in the instance provided by indent nine of Article 362 of the present Code, – till termination of proceedings in exercise of supervision or till adoption by the corresponding official of the decision to cancel the resolution on suspension of execution of court resolutions;

in the instances provided by indent eleven of Article 362 and indent eight of Article 363 of the present Code, – for the term established by the legislative acts;

in the instance provided by indent six of Article 363 of the present Code, – for the period of up to six months;

in the instance provided by indent seven of Article 363 of the present Code – till the termination of conciliation procedure.

The executive proceedings shall be reopened on a statement of the recoverer or on the initiative of the court executor after elimination of the circumstances that have caused its suspension.

Article 365. Termination of the executive proceedings

The executive proceedings shall be terminated if:

the recoverer refused to carry out recovery;

an amicable agreement has been concluded between the recoverer and the debtor under the procedure established by Chapter 10 of the present Code;

at liquidation of the legal person, which is the recoverer or the debtor, and after the death of the individual entrepreneur or citizen, who is the recoverer or the debtor, demands or duties cannot pass over to their successors;

the limitation period for this kind of recoveries has expired;

court resolution or act of the corresponding body, on the basis of which the execution document was issued, has been cancelled;

an extension of the time period for fulfillment of the court resolution has been granted to the debtor by the court considering economic cases.

In the event of termination of the executive proceedings, the execution document with a corresponding notice of the court executor shall be sent to the court considering economic cases or another state body, which had issued the execution document. In this instance, all measures adopted by the court executor on its execution shall be cancelled.

The terminated executive proceedings may not be reopened.

Article 366. Return of the execution document to the recoverer

The execution document, on which the execution has not been made, or has been made incompletely, shall be returned to the recoverer:

upon a statement of the recoverer with the exception of the instance when the executive proceedings is suspended;

if the debtor has no property and/or monetary means, on which recovery can be levied;

if the recoverer has refused to keep the property of the debtor not sold during the execution in the absence of other property or incomes of the debtor, on which recovery may be levied;

if the recoverer has refused to receive the property specified in the execution document and subject to be transferred to him;

if the debtor does not stay or reside at the address specified by the recoverer in the statement on initiation of the executive proceedings, or the place of location of his property has not been established, with the exception of the instance when a search of the debtor has been announced;

if all measures provided by Article 396 of the present Code have been taken on the execution document the demands of which do not relate to the recovery of sums of money or transfer of the property;

if bankruptcy proceedings have been opened in relation to the debtor;

if a competent body has taken the decision on liquidation (termination of activities) of the debtor;

if acts of legislation or competent state bodies have granted, in the established order, the debtor a delay or by-instalment performance of the execution;

if the court considering economic cases has granted to the debtor a delay of by-instalment performance of the execution of the court resolution.

In the instances provided by indents three-seven of part one of the present Article, the court executor shall draw up a corresponding act.

The return of the execution document to the recoverer shall not preclude a repeated presentation of this document for execution within the limitation period.

Article 367. Consideration of the issues on suspension, termination of the executive proceedings, return of the execution document to the recoverer

The issues on suspension, termination of the executive proceedings, return of the execution document to the recoverer shall be considered by the court executor with notification of the parties.

Non-appearance of the properly notified parties shall not preclude the consideration of the mentioned issues.

The resolution of the court executor issued on the results of consideration of the issues specified in part one of the present Article may be appealed against under the procedure established by the present Code.

Article 368. Delay (by-instalment performance) of execution of a court resolution. Suspension of performance of an executive action

Upon a petition of the party in executive proceedings, the court considering economic cases which has issued a court resolution is entitled to grant a delay or by-instalment performance of the execution of the court resolution. The issues on granting a delay or by-instalment performance of the execution of the court resolution shall be resolved in a judicial session with notification of the parties of the executive proceedings and the court executor, but their non-appearance does not preclude the consideration of the mentioned issues. On the results of consideration of the issues on granting a delay or by-instalment performance of the execution of the court resolution, the court considering economic cases shall issue a ruling which may be appealed against under the procedure established by the present Code.

In the presence of circumstances which obstruct the performance of an executive action, the court executor is entitled to postpone, on a statement of the debtor or on his own initiative, the performance of the executive action for the time limit of not more than thirty days.

The court executor shall issue a ruling on postponement or on refusal of postponement of the performance of an executive action, which may be appealed against under the procedure established by the present Code.

CHAPTER 37
LEVYING RECOVERY ON MONETARY MEANS AND OTHER PROPERTY OF THE DEBTOR

Article 369. Order of levying recovery on monetary means and other property of the debtor

Levying recovery on the property of the debtor, including monetary means, shall be performed in the amount necessary for execution of demands contained in the execution document with account of recovery of expenses on performance of executive actions and ten percent from the sum to be recovered.

Recovery on execution documents shall be levied, in the first place, on the monetary means of the debtor in Belarusian rubles and foreign currency, including those placed on current (settlement) bank accounts, deposits or safe-keeping in banks or non-bank credit and financial organizations. Recovery on monetary means of the debtor in foreign currency shall be levied in case of absence or insufficiency of monetary means of the debtor in Belarusian rubles.

Levying recovery on the monetary means of the debtor, which are placed on current (settlement) bank accounts in banks or non-bank credit and financial organizations consists in presentation of the execution document under the procedure established by the legislation, to the bank and/or non-banking credit and financial organization for writing off the monetary means from the account of the debtor and crediting these means or a part thereof to the corresponding account of the enforcement body.

When there are several current (settlement) accounts of the debtor, the recovery may be levied on monetary means in the amount of demands specified in part one of the present Article, on the basis of the resolution of the court executor, which constitutes an execution document.

Levying recovery on the cash monetary means of the debtor, which are belonging to him and kept by him and/or by other persons, shall be made performed under the procedure established by the present Code, through arresting, seizing and crediting thereof to the enforcement body not later than on the working day following the day of seizure.

In the absence or insufficiency of monetary means, the recovery shall be levied on other property belonging to the debtor on the right of ownership or assigned to him on the right of economic management.

Article 370. Levying recovery on monetary means of the debtor

With a view of execution of demands contained in the execution document, the recoverer shall, prior to recourse to the enforcement body with a statement on initiation of the executive proceedings, present the execution document to the bank and/or non-banking credit and financial organization for writing off the monetary means of the debtor in the indisputable order.

An exception constitutes recovery of monetary means:

on an execution document in favour of foreign persons;

on an execution document in the instance of absence of the current account of the debtor or the recoverer;

on an execution document on levying the recovery on the property of the debtor.

The conditions and the order of levying recovery on monetary means of a legal person financed from the state budget, being placed on its accounts in banks or non-bank credit and financial organizations, and also the order for writing off those means are established by the legislation.

Article 371. Levying recovery on other property of the legal person

In the event of absence or insufficiency of the monetary means of the legal person for repayment of the indebtedness, its recovery shall be levied on other property of the debtor belonging to it on the right of ownership or assigned to him on the right of economic management. The recovery may not be levied on the property of the debtor assigned to him on the right of operative administration, withdrawn from circulation, and the property according to the Annex 2 to the present Code.

The court executor shall levy the recovery on the property of a legal person with account of the monetary means recovered in favour of the recoverer.

Article 372. Levying of recovery on the property being the subject of pledge

Concerning the property being a subject of pledge, the recovery may be levied with observance of the rights of the pledgeholder established by the legislation and of the rules established by the present Code for the instance of insufficiency of other property of the debtor for complete satisfaction of the demands not secured by the pledge, presented to him.

Article 3721. Specific feature of levying recovery on certain kinds of property

Levying recovery on securities, precious metals and precious stones shall be carried out with regard to the requirements of the legislation regulating specific features of respective kinds of property.

Article 373. Levying recovery on property of a debtor – individual entrepreneur or citizen

Recovery of monetary means from a debtor – individual entrepreneur or citizen shall be carried out on the basis of demands of the execution document through levying the recovery on deposits of the debtor, his property, including the wages and incomes equated thereto, and the payments due to the debtor.

When executing the execution documents in relation to a debtor – individual entrepreneur or citizen, the recovery may not be levied on the property withdrawn from circulation, property according to the Annex 2 to the present Code and property according to Annex 1 to the Civil Procedure Code of the Republic of Belarus.

When executing the execution documents in relation to a debtor – citizen, the recovery may not be levied on the property withdrawn from circulation, property according to Annex 1 to the Civil Procedure Code of the Republic of Belarus.

Article 374. [Excluded]

Article 375. Levying recovery on monetary means and other property due to the debtor from third persons

Levying recovery on monetary means due to the debtor from other persons shall be carried out by the court executor through sending to these persons a prescription obligatory for the fulfillment, which prohibits to make any settlements with the debtor and oblige to remit monetary means due to the debtor, in full or in part, to a respective account of the enforcement body till the notification of the court executor about the cancellation of the prescription. Simultaneously, the court executor shall request from third persons the information about the amount of monetary means due to the debtor on the moment of receipt of the prescription and the time limit for their payment. In the instance of failure of third persons to submit necessary information, materials or documents, the court executor is entitled to suspend operation on settlement (current) accounts of these persons on the basis of the resolution of the court executor, which constitutes an execution document.

When a third person confirms the indebtedness to the debtor, but does not remit monetary means to the account of the enforcement body, and also when the court executor has trustworthy information about the indebtedness of third persons to the debtor, the court executor shall issue a resolution on levying the recovery on monetary means due to the debtor from third persons, which constitutes an execution document and shall be presented to the bank, within a three day period, for indisputable writing off of monetary means from the settlement (current) account (accounts), under the procedure provided by the legislation about cashless settlements.

Levying recovery on cash monetary means and other property of third persons for the repayment of indebtedness to the debtor is allowed only with consent of third persons.

The resolution on levying recovery on monetary means and other property due to the debtor from third persons shall be sent to the parties, to a third person and may be appealed against by them under the procedure established by the present Code.

Article 376. [Excluded]

Article 377. Imposing arrest on the property of the debtor

Arrest on the property of the debtor shall be imposed upon the expiration of the time limit granted for voluntary execution of the demands of the execution document and shall consist in making an inventory of the property, announcements of a ban to dispose thereof, and, if necessary, restriction of the right of using the property, its seizure or transfer for storage.

Arrest of the property of the debtor shall be made in the presence of the debtor or his representative.

Arrest of the property of the debtor-individual entrepreneur or citizen, in case of his absence, shall be made in the presence of a full-age member of the family of the debtor, and in the absence of such person – with participation of two attesting witnesses.

Arrest of the property of the debtor-legal person, in case of absence of the head of this legal person or representative thereof, shall be made with participation of two attesting witnesses.

The property of the debtor is subject to arrest within the limits of the sum of recovery, the sum of assumed expenses on execution, and of ten percent of the sum to be recovered.

Prior to the arrest of the property, the debtor is entitled to state to the court executor, what property should be put under arrest in the first place. The court executor shall satisfy such statement, if it does not contradict the legislation and will not obstruct a timely and complete execution of the execution document.

The property located in the premises occupied by the debtor jointly with other persons, is not subject to arrest only in the event that it obviously belongs to another person.

Arrest of the property of the debtor, seizure of the property is allowed, if this property has already been arrested (attached) by other authorized bodies.

Article 378. Arrest of immovable property objects

Prior to levying recovery on an immovable property object (hereinafter – immovable property), the court executor shall clarify the belonging of the immovable property to the debtor, whether this immovable property is under arrest, in pledge, and whether there are other encumbrances.

After ascertaining that the immovable property belongs to the debtor and that this immovable property is not under arrest, the court executor shall, depending on the amount of recovery, impose arrest on the whole immovable property or on a part thereof, and send a prescription to register the arrest and to prohibit the alienation of the given property to the state organization for registration of immovable property, rights thereto and transactions therewith, as well as to the notary's office at the location of the immovable property .

The court executor shall immediately inform the pledgeholder about arrest imposed on the immovable property, which is in pledge.

The value of the immovable property shall be determined under the procedure established by the legislation.

Article 379. Contents of the inventory act and of the act of arrest of the property. Release of the property from arrest

When making inventory of the property, the act of the inventory and the act of property arrest must specify:

date and place of drawing up of the act;

surname and initials of the court executor drawing up the act, name of the enforcement body where the court executor is at service, and also surnames and initials of the persons being present at drawing up of the act;

names of the court considering economic cases and another body, which has issued the execution document, name and contents of the demands of the execution document in execution of which the property inventory is being made, its number and date of issuance;

surname, own name, patronymic (name) of the recoverer and the debtor;

name of each object subject to inventory, its distinctive attributes (quality, quantity, degree of wear, etc.);

which objects have been sealed and number of seals attached to each object, if sealing up was undertaken;

notice about explanation to the persons being present at the inventory and arrest of the order and time limit for appealing against the actions of the court executor concerning carrying out the inventory and arrest;

remarks and statements of the persons being present at the inventory and instructions of the court executor on these remarks and statements.

The act of property arrest must additionally reflect:

evaluation of each object separately, and value of all property included into the act;

surname, own name, patronymic of the person to whom the property was transferred for storage, his place of residence (stay), position, place of work, and the signature certifying the fact of being warned of the criminal liability for defacement, spending, concealment or alienation (in the absence of elements of plunder) of the property transferred to him for storage and subjected to inventory or arrest.

The act of the inventory and the act of property arrest shall be signed by the court executor, the persons being present at drawing up thereof and by the keeper of the property.

The arrested property specified in parts four and five of Article 380 of the present Code shall be seized from the debtor. The court executor shall make further actions with the arrested property according to the legislation.

Copies of the act of the inventory and the act of property arrest shall be handed to the keeper of the property, if he is not the debtor, and also handed (sent) to the debtor and the recoverer.

Any person whose right is affected on by the execution of the execution document is entitled to submit a claim toward the recoverer and the debtor on releasing the property from arrest.

Claims on releasing the property from arrest may be submitted both by the owners and lawful possessors of the property which does not belong to the debtor.

If the arrest of the property has been made for the purposes of securing confiscation of the property, the respondents shall be person in relation to which the confiscation is applied and the body which made the arrest. If the arrested property has been already realized, the claim shall be submitted also to the person who possesses it.

Article 380. Storage of arrested property

Arrested property of the debtor shall be transferred by the court executor for storage to the debtor or other persons appointed by the court executor or by duly authorized body.

The keeper, if he is not the debtor (member of his family), is entitled to receive, on the basis of the ruling of the court considering economic cases, compensation for storage of the arrested property under the procedure established by the legislation.

For securing the integrity of the arrested property, the court executor is entitled to appoint another keeper and to transfer the arrested property to him for further storage. In the event of non-fulfillment by the initial keeper of his duties is case, the compensation for storage of the property (expenses on its storage) is not paid (not compensated).

Securities seized from the debtor – payment documents (checks, bills of exchange (promissory notes), letters of credit, etc.) and equity values (shares, bonds, etc.) in foreign currency shall be delivered by the court executor for storage to the institution of the National Bank of the Republic of Belarus, and precious metals – gold, silver, platinum and metals of the platinum group (palladium, iridium, rhodium, ruthenium and osmium) in any kind and condition, including jewellery and other household articles from these metals and scraps of such products, natural precious stones in raw and processed forms (diamonds, brilliants, rubies, emeralds, sapphires and pearls), including jewellery and other household articles from these stones, and scraps of such products, – to the authorized state body.

The state bonds, shares and other securities, except for securities provided by part four of the present Article, shall be seized by the court executor from the debtor and handed over for storage to the nearest branch of the bank.

Cash monetary means found on the debtor, including those in foreign currency, required to repay the debt awarded to the recoverer, expenses on enforcement and ten percent of the sum subject to recovery, shall be seized by the court executor from the debtor and deposited to the corresponding account of the enforcement body, where the court executor is on service, not later than on the working day following the day of seizure.

Article 381. Seizure and realization of the arrested property of the debtor

Seizure and transfer of the arrested property of the debtor for realization shall be made under the act of seizure and transfer upon the expiration of ten days from the date of notification of the parties on the evaluation of the property carried out by the court executor or after the expiration of the time limit on which the executive proceedings have been suspended or the executive actions on the executive proceedings have been postponed, or upon the expiration of the time limit granted by the court executor to the debtor, for he could make independently, under the control of the court executor, the realization of the arrested property:

according to the evaluation reflected in the act of property arrest or to the evaluation which has been carried out by the court executor with participation of a specialist in evaluation, if such evaluation was carried out;

according to the evaluation which has been carried out by an expert, if such evaluation was carried out.

Seizure and transfer for realization of the property with reduced term of fitness for consumption (subject to quick spoilage, requiring special conditions for storage) may be carried out till the expiration of time limits specified in part one on the present Article.

Arrested property of the debtor, with the exception of the property the realization of which is economically unviable or in relation to which the legislation has established another order of realization (payment) shall be realized by the court executor at the public sale or through trading organizations or enterprises, which have special permits (licenses ) for selling certain kinds of arrested property, and also in another way provided by the legislation.

Property the realization of which is economically unviable (in the event when expenses on realization exceed its value and also in other instances provided by acts of legislation) is not subject to realization.

The debtor, after carrying out by the court executor of arrest and evaluation of the property, and prior to seizure of the property from the debtor or realization of the property at the public sale, is entitled, upon a written permission of the court executor, to realize, within the time limit established by the executor, the arrested property at the value which is not below the one specified in the act of property arrest, or at the value determined by the expert or the court executor with participation of an evaluation specialist, if such evaluation was performed.

The court executor is obliged to ensure remittance of the monetary means obtained from the sale of the arrested property of the debtor to the corresponding account of the enforcement body. Commission fee for realization of the arrested property shall be remitted from the corresponding account of the enforcement body to the trading organization, in the order established by the act of legislation.

Article 382. Revaluation of property

If the property of the debtor has not been realized within one month from the day of its transfer for sale under the procedure provided by the legislation, or if the first public sale (electronic trading) has been declared to be not effectuated and the sole participant that submitted a request for participation in the sale has refused to purchase the property at the initial price increased by five percent and if the recoverer has refused to reserve the property, such property shall be revaluated. The amount of revaluation in view of reduction of the value of the property shall be established with account of the demand for this property and shall not exceed twenty percent from the value of the property transferred for realization. Revaluation towards an increase of the value of the property shall be made when controlled prices have been changed by the body authorized thereto.

Revaluation of the property shall be made by the court executor and at realization of the property by a trading organization – together with the representative of the trading organization. The recoverer and the debtor shall be notified on the time and place of holding the revaluation of the property. Non-appearance of the mentioned persons properly notified shall not preclude holding the revaluation. In this instance, the court executor shall notify the recoverer and the debtor in writing about held revaluation of the property.

Article 383. Leaving property with the recoverer

The recoverer shall be given the right to reserve the property the realization of which is economically unviable at the value indicated in the act of property arrest, and in the event of holding the evaluation of the arrested property – at the value determined by the evaluation act.

The recoverer shall be given the right to reserve the property in the sum of evaluation, if the property was not sold by the trading organization within one month after its transfer for realization.

The recoverer shall be given the right to reserve the property in the sum of revaluation, if the property was not sold by the trading organization within two months after its revaluation. In case of refusal of the recoverer from the property, it shall be returned to the debtor, and the execution document, if the debtor has no incomes or other property to which the recovery may be applied, shall be returned to the recoverer.

The recoverer shall be given the right to reserve the property in the sum of the evaluation, at which the property was put for the public sale (electronic trading), if the first public sale (electronic trading) has been declared not effectuated and the sole participant that submitted a request for participation in the sale or arrived for participation therein has refused to purchase the property being realized at the initial sale price increased by five percent.

In case of declaration of a repeat public sale (electronic trading) to be not effectuated and refusal of the sole participant that submitted a request for participation in the sale or arrived for participation therein to purchase the property being realized at the initial sale price increased by five percent and a repeat refusal of the recoverer to reserve the property being realized, with the exception of the property being the object of a pledge, or refusal to accept the property, it shall be returned to the debtor and the execution document, if the debtor has no incomes or other property on which the recovery may be levied, shall be returned to the recoverer.

When a public sale (electronic trading) is declared to be not effectuated and the sole participant that submitted a request for participation in the sale or arrived for participation therein has refused to purchase the property being realized at the initial price increased by five percent, the pledgeholder being the recoverer is entitled, by agreement with the pledgor, to acquire the pledged property and to set off against the purchase price his demands secured by the pledge, unless otherwise established by the legislative acts. The norms of legislation concerning the contract of purchase-sale shall apply to such an agreement.

In case of declaration of a repeat public sale (electronic trading) for realization of the property being the object of a pledge to be not effectuated and refusal of the sole participant that submitted a request for participation in the sale or arrived for participation therein to purchase the property being realized at the initial sale price increased by five percent, the pledgeholder being the recoverer is entitled to reserve the subject of pledge, valuing it in the amount of not more than ten percent less than the initial price at the repeat public sale (electronic trading), unless otherwise established by the legislative acts. If the pledgeholder does not take advantage of the right to reserve the subject of pledge within a month from the date of declaration of the repeat public sale (electronic trading) to be not effectuated and in case of refusal of the sole participant that submitted a request for participation in the sale or arrived for participation therein has refused to purchase the pledged property at the initial price increased by five percent, the contract on pledge shall terminate, and the economic court shall, on a presentation of the executor, issue a ruling thereabout.

If the recoverer agrees to accept, and the debtor to transfer the arrested property to the recoverer for the repayment of the indebtedness, the court executor shall, on the basis of written statements of the parties, issue a resolution and to transfer the property at the value indicated in the act of property arrest, and in the event of performing appraisal of the arrested property, at the value determined by the appraisal act.

Prior to the transfer to the recoverer of the property the value of which exceeds the amount of indebtedness before that recoverer on all initiated executive proceedings, the recoverer is obliged to remit to a corresponding account of the enforcement body the difference between the value of the property being transferred and the remainder of the indebtedness on respective executive proceedings, established by a resolution issued by the court executor.

Article 384. Notification about forthcoming public sale (electronic trading)

The court executor shall ensure, through printed mass media, a publication of an announcement about the forthcoming public sale (electronic trading) not later than ten days before the date thereof, shall hang out an announcement about the public sale (electronic trading) at the enforcement body, and also shall notify in writing the debtor and the recoverer about the public sale (electronic trading).

The information about announced public sale (electronic trading) and the subject matter of the public sale (electronic trading) is additionally to be placed in the global computer network Internet with regard to requirements established by the legislative acts.

Announcement about the forthcoming public sale (electronic trading) must specify the property which is to be sold, to whom it belongs, where it is located, value of the property, data about encumbrances (if available), where, when and who holds the public sale (electronic trading) and also the amount, order and time limits for paying earnest money.

The court executor shall notify the pledgeholder about the time and place of realization at the public sale (electronic trading) of the property which is under pledge.

The officials of state bodies, including the court considering economic cases, office of public prosecutor, bodies of internal affairs, and members of their families have no right to take part in the public sale (electronic trading) on sale of the property.

Article 385. Order of holding public sale (electronic trading)

A person wishing to take part in the public sale (electronic trading) is obliged to give a subscription that there is no obstacles for purchase of the property, provided by the legislation, to submit a request for participation in the public sale (electronic trading) and deposit into the corresponding account of the economic court the earnest money in the amount of ten percent from the value of the property being sold. The earnest money may be paid in Belarusian rubles or foreign currency at the official rate of the Belarusian ruble toward foreign currency established by the National Bank of the Republic of Belarus on the day of remittance.

Acceptance of requests for participation in the public sale (electronic trading) must terminate not early than three days before the date of holding the public sale (electronic trading).

Prior to holding the public sale (electronic trading), the court executor is entitled to adjourn it on a later date or cancel when there are circumstances obstructing its holding. The parties and persons which submitted requests for participation in the public sale (electronic trading) shall be informed about the adjournment (cancellation).

Prior to the beginning of the public sale (electronic trading), the participants shall be informed about the expenses related to the organization and holding of the public sale (electronic trading), including expenses related to producing of documents necessary for its holding and their providing to the participants, about the procedure and time limits for their reimbursement, as well as expenses on development of the land plot and on changing the land plot as a result of such development or state registration concerning those land plots in the instances when the legislative acts provide as an obligatory condition the sale of the right to conclude a lease contract of the land plot necessary for maintaining that property, about the procedure and the time limits of reimbursement of those expenses.

The public sale (electronic trading) shall start with the announcement of the initial price of the property being realized determined in accordance with parts 3 and 4 of Article 352 of this Code.

After holding the public sale (electronic trading), the court executor shall draw up an act about the held public sale (electronic trading), which is to be signed by the court executor and the participant who won the public sale (electronic trading) – the buyer.

The buyer is obliged to deposit, within the time limit established by the acts of legislation, into a corresponding account of the enforcement body the full sum for which he purchased the property and to reimburse the expenses on organization and holding of the public sale (electronic trading). If the buyer does not deposit, without valid causes, the full due sum within the mentioned time limit, and also when it is established that the buyer had no right to participate in the public sale (electronic trading), the deposit made prior to the beginning of the public sale (electronic trading) is not returned and shall be included in revenues of the state.

After the buyer pays all sums due from him, the court executor shall transfer to the buyer copies of the act on held public sale (electronic trading) (purchase of the property by the buyer) and the act of transfer of the property.

The duty to register the purchased property subject to the registration falls on the buyer.

The earnest money deposited by the buyer shall be set off against the purchasing price. Earnest money deposited by remaining participants of the public sale (electronic trading) shall be returned within five working says from the day of holding the public sale (electronic trading).

In the event of declaration of the public sale (electronic trading) to be not effectuated and consent of the sole participant to purchase the object of the public sale (electronic trading) at the initial price increased by five percent, the rules established by the present Article for the participant who won the public sale (electronic trading) shall be applied.

Article 3851. Electronic trading

Arrested property of the debtor, with the exception of the property the realization of which is economically unviable or in relation to which the legislation has established another order of realization (payment) shall be realized by the court executor at the public sale, including electronic trading.

Electronic trading on realization of the property arrested within the framework of the executive proceedings shall be held in electronic form by means of using the global computer network Internet on the official site of the enforcement body or at electronic trading floors of legal persons with which the enforcement body has concluded respective agreements.

Electronic trading shall be appointed and held within the time limits and according to the rules, established by the present Code and other acts of legislation.

Article 386. Announcement of public sale (electronic trading) to be not effectuated

The court executor shall, by his resolution, declare the public sale (electronic trading) to be failed if:

no buyers or only one buyer appeared at the public sale (electronic trading) or the request for participation in the public sale (electronic trading) has been submitted only by one buyer;

none of the persons which appeared has made an addition to the value of the property with which the public sale (electronic trading) was announced;

the buyer, within the time limit established by the acts of legislation, did not deposit into a corresponding account of the enforcement body the full sum for which he purchased the property and did not reimburse the expenses on organization and holding of the public sale (electronic trading).

Article 387. Recognition of the public sale (electronic trading) invalid

The public sale (electronic trading) may be recognized invalid by the court considering economic cases under the procedure established by the legislation.

Article 388. Appointment of repeat public sale (electronic trading)

When a public sale (electronic trading) has been declared to be not effectuated and the sole participant that submitted a request for participation in the sale or arrived for participation therein has refused to purchase the property being realized at the initial sale price increased by five percent or when the sale has been declared invalid, the court executor shall appoint, not earlier than in ten days, a repeat public sale (electronic trading) which shall commence with announcement of the value of the property established after its revaluation.

In case of declaration of a repeat public sale (electronic trading) to be not effectuated and refusal of the sole participant that submitted a request for participation in the sale or arrived for participation therein to purchase the property being realized at the initial price increased by five percent and a repeat refusal of the recoverer to reserve the property being sold, the court executor shall lift the arrest of the property.

Article 389. Levying recovery on the wages, other incomes and sums, due to the debtor– individual entrepreneur or citizen

Levying of recovery on the wages, pension or scholarship of the debtor – individual entrepreneur or citizen shall be performed in the event of absence of their property, or insufficiency of this property for complete recovery, with the exception of the instances when the amount of recovery does not exceed a deduction share from the monthly wages, pensions or scholarship of the debtor, established by Article 392 of the present Code.

When executing the judgment of the court considering economic cases on recovery of periodic payments, the recovery shall be levied on the wages, pension or scholarship of the debtor-individual entrepreneur or citizen, irrespective of the presence of their property.

The rules of the present Code about levying recovery on the wages, including the wages of workers, shall be applied also when levying recovery on the following due to the debtor:

incomes of the workers of a production co-operative, members of a peasant's (farmer's) husbandry, workers of other organizations;

remunerations for using the copyright and related rights, rights to an industrial design;

scholarships;

pensions;

sums of compensation for the damage caused by a mutilation or other damage of health, and death of the breadwinner;

unemployment allowances;

incomes from the entrepreneurial activities which is carried out without formation of a legal person;

other incomes and sums, with the exception of the sums specified in Article 394 of the present Code.

Article 390. Data on wages, other incomes and sums, due to the debtor-citizen

Employers, bodies, institutions are obliged, on demand of the court executor, in the time limit established by him, to give answer whether the debtor is in labour relations with them and what is the amount of its monthly wages and/or other incomes and sums specified in Article 389 of the present Code.

Article 391. Transfer of the execution document for execution at the place of work of the debtor

The court executor shall direct the execution document to the employer, body, institution, where the debtor works or receives the wages and/or other incomes and sums specified in Article 389 of the present Code, with an offer to make deduction according to the execution document, and to send the withheld sums to the recoverer at the expense of the debtor.

Employers, bodies, institutions, which pay wages and/or other incomes and sums to the debtor are obliged, from the day of receipt of the execution document with the offer from the court executor, to withhold monetary means in accordance with the demands contained in the execution document and to pay or remit, within a three-day period from the day of payment, the monetary means withheld to the recoverer.

Upon dismissal of the debtor, the employer, body, institution, which performed deductions from the wages of the debtor and/or other incomes and sums, due to him, is obliged to return the execution document to the court executor, within three days, with a notice on the court order about the deductions made and indication of the new place of work of the debtor, if it is known.

The execution document on recovering from the citizen in favour of legal persons and individual entrepreneurs of the sums of money which do not exceed the share of deduction from the monthly wages, pension or scholarship of the debtor on which the recovery may be levied according to the legislation, shall be sent by the court executor for enforcement directly to the employer or to the body or institution, where the debtor works or receives the wages and/or other incomes and sums specified in Article 389 of the present Code.

Article 392. Amount of deductions from wages of the debtor and incomes and payments, equated thereto

Twenty percent may be deduced from the sum of wages and incomes and payments, equated thereto, of the debtor under the execution document till a complete repayment of the sums to be recovered, unless otherwise provided by the legislative acts.

When levying recovery on the wages and incomes and payments, equated thereto, under several court orders, the payments shall be distributed proportionally to the sums to be recovered. In this instance, the debtor shall in any case keep fifty percent of his earnings.

Recovery of the sums from the wages of the debtor, engaged in corrective works without imprisonment under a sentence of the court, shall be made without taking into account the deductions due under the sentence of the court.

Article 393. Amount of deduction from pension

The amount of deduction from the pension shall be computed from the sum due to the pensioner. In this instance, no more than twenty percent may be withheld from the pension, unless otherwise provided by the legislative acts.

Article 394. Sums on which recovery may not be levied

Recovery may not be levied on the sums due to the debtor as:

dismissal allowance and compensation for unused leave, paid out at dismissal of the worker;

compensation payments in connection with a business trip, transfer, recruitment or direction for work to another locality, with depreciation of the tools belonging to the worker, and other indemnifications provided by the legislation on labour;

one-time premiums issued not from the wages fund;

state allowances to families bringing up children;

allowances on the occasion of birth of a child and also allowances for burial;

allowances and other payments to the persons who suffered in connection with the catastrophe at the Chernobyl nuclear power plant;

extra allowance for care to the pensions, established by the legislation.

Article 395. Control over correctness of deductions from the wages of the debtor, other incomes and sums, due to him

The court executor shall carry out regular control over correctness and timeliness of making deductions from the wages of the debtor and/or other incomes and sums, due to him , and transfer of the withheld sums to the recoverer.

Article 396. Execution of the execution document the demands of which are not related to recovery of sums of money or transfer of property

At execution of the court resolution according to which the debtor is obliged to perform certain actions which are not related to recovery of sums of money or transfer of property, the court executor is obliged, after the expiration of the time limit for voluntary execution of the claims of the execution document, to check up the performance by the debtor of the demands imposed on him.

In the event of non-fulfillment by the debtor of the demands of the execution document, the court executor shall take measures, under the procedure established by the present Code, on bringing the debtor to liability.

If the demands of the execution document have not been fulfilled by the debtor after he was brought to liability, the court executor shall propose to the recoverer to fulfil the demands of the execution document at the expense of the debtor.

In the event of refusal of the recoverer to fulfill the demands of the executions documents at the expense of the debtor, the execution document shall be returned to the recoverer.

Article 397. Execution of the execution document on transfer of property

At execution of the execution document the demands of which are related to transfer of property to the recoverer, the court executor shall seize the property from the debtor in the presence of attesting witnesses and transfer it to the recoverer according to an act.

When it is impossible to transfer the property to the recoverer, the court executor shall, having preliminarily subjected the said property to inventory, transfer it to an appointed keeper.

In the absence of the property subject to transfer, the court executor shall draw up an act on impossibility of execution of the execution document.

Article 398. Responsibility of officials of legal persons, individual entrepreneurs and citizens for non-fulfillment of the demands of the court executor or execution document

Officials of legal persons, individual entrepreneurs and citizens shall, in the event of non-fulfillment of the demands of the court executor specified in part two of Article 375, in Articles 390 and 391 of the present Codes, for the reasons recognized by the court considering economic cases to be invalid, be brought to liability in accordance with the legislation.

If the debtor has failed to execute, within the time limit established by the court considering economic cases, other body, or by the court executor of the execution document or demands, not related to recovery of sums of money, he may be brought to liability in accordance with the legislation.

Official of a legal person, who willingly does not fulfill the demands of the court executor, the execution document or the court resolution, or obstruct the execution thereof, shall bear liability established by the legislation.

Article 399. Release of the property from arrest

Arrest shall be lifted of the property by the court executor in the event of:

termination of the executive proceedings;

refusal of the recoverer to reserve the property in the instances established by the present Code;

establishment in the course of execution of the execution document of obligations which evidence that the property belongs to other persons or has been subjected earlier to arrest by other authorized bodies;

non-payment for the property excluded in accordance with the legislation from circulation by the legal person which has the right to carry out transactions with this property;

non-payment by the authorized state body of the valuables seized from the debtor, specified in part four of Article 380 of the present Code;

non-payment by the authorized state body of bonds of the state loans;

imposing arrest on other property of the debtor proposed by the latter as a substitution;

reduced period of usability property which could not be realized within the given period;

decreasing the amount of recovery with regard to provisions of part five of Article 37 of the present Code;

in other instances provided for by the legislative acts.

Article 400. Termination of the executive proceedings

The executive proceedings shall terminate by issuance by the court executor of a resolution on termination of the executive proceedings after:

fulfillment of the demands stated in the execution document, recovery of the expenses on executions and of sums of the monetary means subject recovered within the enforcement;

forwarding the execution document to the place of work (receipt of incomes or sums) of the debtor – individual entrepreneur or citizen;

establishing circumstances which entail the return of the execution document to the recoverer according to Article 366 of the present Code, and recovery of the expenses on execution;

establishing circumstances which entail the termination of the executive proceedings according to Article 365 of the present Code, and recovery of the expenses on execution.

CHAPTER 38
DISTRIBUTION OF RECOVERED SUMS BETWEEN RECOVERERS

Article 401. Expenses (costs) on execution of the execution document

The expenses on execution of the execution document are:

expenses incurred by the enforcement body, including the expenses on storage and transport of the property of the debtor;

costs on organization and holding of the public sale (electronic trading);

expenses on payment of remuneration to experts and specialists;

expenses on travel of the court executor to the place of performance of executive actions;

commission fee of the trading organization for realization of the property of the debtor;

other expenses recognized to be necessary by the enforcement body.

Expenses on execution of the execution document, with the exception of those provided by indent three of part one of the present Article, shall be recovered (withheld) from the debtor in the first order on the basis of the resolution of the court executor and are subject to be remitted from the corresponding account of the enforcement body into revenue of the state, if they have been made at the expense of the means provided in the republican budget for maintenance of the enforcement body to the account of the enforcement body if they have been made at the expense of the means received in the course of enforcement and also of other means received by the enforcement body in accordance with the legislation. In the event of absence or insufficiency of the monetary means recovered from the debtor on the respective account of the enforcement body, the recovery of expenses on executions of the execution document shall be carried out on the basis of the resolution of the court executor on recovery (withholding) of expenses on execution of the execution document, which constitutes an execution document.

When the property is realized through holding the public sale (electronic trading), the reimbursement of costs on organization and holding of the public sale (electronic trading) shall be carried out by the buyer of the property, with the exception of expenses on the reimbursement of costs on the trading held earlier and recognized as having no result in the event of repeat putting of the property on public trading.

The resolution of the court executor on recovery (withholding) of the expenses on execution of the execution document is subject to immediate execution and may be appealed against under the procedure established by the present Code.

Article 402. Monetary means obtained at enforcement

Apart from the expenses on execution, the following shall be recovered (withheld) from the debtor according to the resolution of the court executor:

on property recoveries – ten percent from recovered sums or value of recovered property;

on demands of a non-property nature, on each execution document, from the debtor – natural person – a sum in the amount of five base units, and from the debtor – legal person – in the amount of ten base units.

Monetary means, after being credited to the depository account of the enforcement body, are to be remitted to the respective account of the enforcement body and used under the procedure established by the legislation.

The actions on enforcement, which give the right to recover (withhold) sums provided by part one of the present Article include:

actions of the court executor specified in indents two-four, six and seven of part two of Article 360 of the present Code;

imposition of arrest by the court executor while performing executive actions, on the property of the debtor, cash sums of money belonging to the debtor and kept by him and/or by other persons, if after imposition of the arrest, the debtor has taken measures for repayment of the indebtedness;

undertaking measures provided by indents two and three of part three of Article 348 of the present Code, to ensure the execution of the execution document on recovery of monetary means, if after imposition of the arrest on the property or making the inventory and seizure of the property, the debtor has taken measures for repayment of the indebtedness;

realization of the property subjected to arrest as a measure to secure the claim, provided by indent two of part one of Article 116 of the present Code, provided that the said measure has remained effective after initiation of the executive proceedings.

Article 403. Remittance (issuance) of recovered sums to the recoverer (recoverers)

The sum remaining after deduction of the expenses on execution and sums provided by part one of Article 402 of the present Code shall be used for satisfaction of demands of the recoverer (recoverers) by means of its remittance (handing) to the recoverer(s) under the procedure established by the legislation, including outside the territory of the Republic of Belarus.

The sum remaining after satisfaction of the demands envisaged by part one of the present Article, is subject to remittance (handing) to the debtor.

Article 404. Order of satisfaction of demands on recovery of monetary means on execution documents

At insufficiency of the sum recovered from the debtor for satisfaction of all demands on execution documents, with the exception of the sum recovered through levying recovery on the accounts of a legal person or an individual entrepreneur, which are placed at the banks and/or non-banking credit and financial organizations, this sum shall be distributed among the recoverers in the order of priority established by Article 405 of the present Code.

The demands of each subsequent priority level shall be satisfied after complete repayment of the demands of the previous priority level.

Article 405. Priority order of satisfaction of demands on execution documents

Demands on execution documents shall be satisfied under the procedure established by the acts of legislation.

Article 406. Distribution of recovered sums

When there are several recoverers and the sum recovered from the debtor is insufficient for repayment of all demands of the recoverers, the court executor shall make a resolution on calculation of the distribution of monetary means among the recoverers in accordance with the legislation.

Article 407. Provision of the data about executive proceedings initiated in relation to debtors

Enforcement bodies shall submit data about availability and number of executive proceedings initiated in relation to debtors; on the sum of the debt to be recovered; on encumbrances in relation to the property of debtors, made wtihin the framework of the executive proceedings.

The data indicated in part one of the present Article shall be submitted on the basis of a written statement of an individual entrepreneur or legal person, provided that the state duty has been paid in the order and amount established by the legislative acts.

 

 

President of the Republic of Belarus

A. Lukashenko

 

 

Annex 1

to Economic Procedural Code of the Republic of Belarus

Pre-trial procedure for settlement of dispute

1. Persons whose rights or legitimate interest are violated is obliged to present a pre-trial claim (a written proposal about voluntary settlement of the dispute) to the violator of those rights or interests with a view of direct settlement of the dispute with the latter, unless otherwise established by the legislative acts or the contract.

2. A pre-trial claim shall indicate:

surname, own name, patronymic (name) of the claimant and the person(s) to whom the pre-trial claim is being presented (pre-trial claim recipient), their places of residence (places of stay) or location;

date of pre-trial claim presentation;

circumstances on the basis of which the pre-trial claim has been presented;

evidence confirming those circumstances;

demands of the claimant with reference to the legislation;

sum of the claim and its calculation if the pre-trial claim is to be expressed in monetary terms;

bank details of the claimant (if available);

list of documents enclosed to the pre-trial claim.

21. The pre-trial claim may specify proposal concerning:

settlement of the dispute with participation of the mediator;

conclusion of an agreement on arbitration;

appointment of reconciliation procedure in the event of recourse to the court considering economic cases;

selection of the type of court proceedings.

3. The pre-trial claim shall be accompanied by copies of documents substantiating and confirming the demands presented or extracts therefrom, which the recipient of the pre-trial claim does not have.

4. The pre-trial claim is to be signed by the claimant or its representative and sent to the recipient of the pre-trial claim by registered mail with return notification or handed in against the signature.

5. When considering the pre-trial claim, the parties, if necessary, shall verify calculations, perform expert examination or make other actions to ensure the pre-trial settlement of the dispute.

6. The recipient of the pre-trial claim shall, within one month period unless another terms established by the legislation or the contract, notify the claimant in writing about the results of consideration of the pre-trial claim. The response to the pre-trial claim is to be signed by the recipient of the pre-trial claim or its representative and sent to the claimant by registered mail with return notification or handed in against the signature.

7. When the pre-trial claim has been rejected in whole or in part, the response shall be accompanied by copies of documents which substantiate the rejection of the pre-trial claim.

8. When the response to the pre-trial claim has not been received within the time limit established by clause 6 of the present Annex, it does not preclude the recourse of the claimant to the court considering economic cases with a statement of claim under the procedure established by the present Code and also the submission of the pre-trial claim as evidence of admission (undisputing) by the recipient of the pre-trial claim of demands stated under the procedure of writ proceedings.

 

 

Annex 2

to Economic Procedural Code of the Republic of Belarus

LIST
of the property on which the recovery on execution documents may not be levied

Recovery on execution documents may not be levied on the following kinds of the property belonging to the debtor on the right of ownership, economic management:

1. Agricultural machines engaged in the process of production of agricultural produce.

2. Equipment or inventory for agricultural purposes, fuel, used by the debtor for technological processes of produce production.

3. Seeds, mineral, organic and chemical fertilizers, protection agents, necessary for ensuring seeding and harvesting.

4. Fodder for livestock and poultry, necessary till harvesting new fodder or till turning the livestock to pasture, fodder for fish and amphibians till harvesting new fodder or till fish harvesting, and also veterinary preparations.

5. Agricultural produce produced to fulfil the order for supplies for state needs.