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CODE OF CIVIL PROCEDURE OF THE REPUBLIC OF BELARUS

of January 11, 1999 No. 238-Z

(The last edition from 08-11-2018)

It is accepted by the House of Representatives on December 10, 1998

Approved by Council of the Republic on December 18, 1998

Section I. General provisions

Chapter 1. Basic provisions

Article 1. The main terms and their determinations applied in this Code

 For the purposes of of this Code the following main terms and their determinations are applied:

1) close relatives are parents, children, adoptive parents (adopters) (further – adoptive parents) (adopters) (further – adoptive parents) adopted (adopted) (further – adopted) (adopted) (further – adopted), brothers and sisters, the grandfather, the grandma, grandsons;

2) civil cases - claim cases (on the disputes following from civil, family, employment and other relationships), the cases arising from administrative legal relations, cases of special proceeding, case of mandative production, other cases in the cases provided by the law;

3) legal representatives are parents, adoptive parents, guardians, the claimant's custodians, either the defendant, or the third party and other persons to whom this right is granted by the law, and also the organizations on which care there are the claimant, either defendant, or the third party;

4) No. 94-Z is excluded according to the Law of the Republic of Belarus of 08.01.2018;

5) the petition for appeal - the claim about cancellation or change of the decision which did not take legal effect;

6) appeal protest - the representative's protest this Code of the prosecutor about cancellation or change of the decision which did not take legal effect;

7) night time - period of time from 22 to 6 o'clock;

8) determination - any court decree of courts of all instances, except the resolutions specified in Items 11 and 17 of this Article;

9) jurisdiction - differentiation of competence according to the dispute resolution and hearing of cases between the Constitutional Court of the Republic of Belarus, courts of law, the international Arbitration (arbitration) Courts, bodies for permission of employment disputes and hearing of cases, other bodies and the organizations;

10) cognizance - reference of the civil case subordinated to court of law, to maintaining Trial Court;

11) the resolution - the court decree accepted by the Plenum of the Supreme Court of the Republic of Belarus, Presidium of the Supreme Court of the Republic of Belarus, presidiums regional, Minsk city courts by results of verification of court decrees according to the procedure of supervision;

12)  No. 439-Z is excluded according to the Law of the Republic of Belarus of 24.10.2016;

13) pre-judiction - the decision of question of the validity of the facts and legal relationship established by the court decree which took legal effect by consideration of another matter between the same persons;

14) the prosecutor - the prosecutors acting within the competence Attorney-General of the Republic of Belarus and subordinated to him, including transport prosecutors, their deputies and assistants, advisers, chiefs of structural divisions of bodies of prosecutor's office and their deputies, the senior prosecutors and prosecutors of structural divisions of bodies of prosecutor's office;

15) protest according to the procedure of supervision - the representative's protest this Code of the official about cancellation or change of the court decrees which took legal effect;

16) the protocol - the court document in which according to the procedure, established by this Code, the production fact on civil case, content and results of legal proceedings are reflected and make sure;

17) the decision - the court decree of the Trial Court which considered the merits of the case containing the answer (answers) to the declared requirements;

18) court - any court of law of the Republic of Belarus organized on legal causes considering civil cases jointly or solely: Trial Court, court of appeal (second) instance, Supervisory Court;

19) court of appeal (second) instance - court, competent according to claims of persons who are legally interested in the outcome of the case, and also other persons if the court passed the decision on their rights and obligations, and to protests of the prosecutor to check legality and justification of the court decrees of Trial Court which did not take legal effect in appeal procedure;

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