LAW OF THE REPUBLIC OF BELARUS

of January 8, 2018 No. 94-Z

About modification and amendments in the Code of civil procedure of the Republic of Belarus

Accepted by the House of Representatives on December 18, 2017

Approved by Council of the Republic on December 20, 2017

Article 1. Bring in the Code of civil procedure of the Republic of Belarus of January 11, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 18-19, 2/13; 2000, No. 47, 2/150; 2006, No. 179, 2/1270; 2007, No. 170, 2/1347; No. 264, 2/1378; 2008, No. 5, 2/1404; No. 158, 2/1451; No. 289, 2/1551; 2010, No. 5, 2/1629; No. 15, 2/1656; 2011, No. 83, 2/1854; 2012, No. 8, 2/1889; No. 10, 2/1901; National legal Internet portal of the Republic of Belarus, 21.07. 2012, 2/1969; 10:07. 2014, 2/2173; 26.01. 2016, 2/2354; 15:11. 2016, 2/2437) following changes and amendments:

1. In the text of the Code, except for Items 4-6, 18 and 19 of Article 1, of Articles 10 and 27, of parts one and the second Article 33, 174, parts three of Article 176 and the Section VIII, the word "cassation", "cassation" and "cassation" to replace Article parts one respectively with the words "appeal", "appeal" and "appeal" in the corresponding case and number.

2. In Article 1:

in Item 1 the word", adopted" shall be replaced with words "(adopters) (further – adoptive parents), adopted (adopted) (further – adopted)";

exclude item 4;

in Items 5, of 6, to replace the 18 and 19 words "cassation" and "cassation" respectively with the words "appeal" and "appeal" in the corresponding case.

3. In Article 3 of the word of "enforcement proceeding" shall be replaced with words "the production connected with execution of court decrees, other decisions and acts".

4. State Article 10 in the following edition:

"Article 10. Individual and joint consideration of civil cases

Civil cases on the first instance are considered by judges of all courts solely, and in the cases provided by this Code, – is joint.

Courts of appeal and supervising instances according to claims and protests to the judgments consider civil cases jointly, except as specified, provided by part three of this Article.

Consideration in Appeal Court of civil cases according to private claims and private protests to the determinations of Trial Court which did not take legal effect which case is not authorized in essence is performed by the judge of Appeal Court solely.".

5. In part one of Article 16 of the word "or Russian" shall be replaced with words "and (or) Russian languages".

6. In Article 27:

in the name of Article:

after the word "Structures" to add the name of Article with words of "judicial boards";

"cassation" to replace the word with the word "appeal";

in the text of Article "cassation" to replace the word with the word "appeal".

7. From the name and part two of Article 28 "judicial" to exclude the word.

8. Item of 1 part one of article 32 after the word "adoptions" to add with words "(adoptions) (further, unless otherwise specified, – adoption)".

9. In Article 33:

in part one "cassation" to replace the word with the word "appeal";

in part two:

"cassation" to replace the word with the word "appeal";

"judicial" to exclude the word;

in parts three and the fourth to replace words of "judicial supervision" with the word of "supervision".

10. The second Article 109 to add part with words ", including confirming payment of the state fee".

11. To state part one of Article 113 in the following edition:

"About each judicial session of Trial Court, and also about each separate legal proceeding of Trial Court made out of meeting the protocol is constituted. In Appeal Court the protocol of judicial session is constituted in the cases provided by this Code. Protocols of judicial sessions on the cases considered according to the procedure of supervision are not constituted.".

12. In Article 130 part two:

shall be replaced with words words of "supervising protest" "protest according to the procedure of supervision";

add part with the words "on the court decree on the case which is not connected with implementation of business activity".

13. To add part one of Article 165 with Item 12 of the following content:

"12) during trial of case on restriction of the citizen in visit of gambling institutions and participation in gamblings it is determined that data on such citizen are entered in the list of the physical persons limited in visit of gambling institutions and participation in gamblings.".

14. In Article 174:

exclude part one;

second and third to consider parts respectively parts one and the second;

the paragraph one of part two to state in the following edition:

"When considering the case in Trial Court in the protocol of judicial session, in particular, are specified:";

add Article with part three of the following content:

"Contents of the protocol of judicial session of Appeal Court are determined by the rules established by this Article taking into account essence of appeal production.".

15. Part third of article 175 after the word "judges)" to add with words ", and the protocol of judicial session of Appeal Court – the chairman and the court clerk (the court session secretary – the assistant judge)".

16. In Article 176:

in word part three "to the writ of appeal or in the claim according to the procedure of supervision" shall be replaced with words to "the appeal or supervising claim";

add Article with part four of the following content:

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