of March 11, 2024 No. 359-Z
Accepted by the House of Representatives on January 31, 2024
Approved by Council of the Republic on February 19, 2024
General part
______________________________
* Parts of Articles (except for having one part) in this Code are numbered by the Arab figures with point, Items of parts of Articles - the Arab figures with bracket.
For the purposes of of this Code the following main terms and their determinations are applied:
1) the petition for appeal - the claim about cancellation or change of the decision which did not take legal effect;
2) appeal protest - the representative's protest this Code of the prosecutor about cancellation or change of the decision which did not take legal effect;
3) close relatives are parents, children, adoptive parents (adopters) (further - adoptive parents) adopted (adopted) (further - adopted), brothers and sisters, the grandfather, the grandma, grandsons;
4) video conferencing - method of implementation of the legal proceedings provided by this Code and other legal acts with use of program technical means of transfer of audio-and video information on communication channels in real time;
5) citizens are citizens of the Republic of Belarus, foreign citizens and stateless persons;
6) civil cases (further, unless otherwise specified, - cases) - cases of claim production on the disputes arising from civil, family, employment, housing, financial, land and other legal relationship, the cases of mandative production, cases arising from administrative and other public legal relationship, the cases of special proceeding, other cases referred to competence of the courts by this Code and other legal acts;
7) legal representatives are parents, adoptive parents, guardians, custodians of the claimant, the defendant, the third party, other person who is participating in case, having direct interest in its outcome, other persons to whom this right is granted by the law, and also the organizations on which care there are claimant, the defendant, the third party, other person who is participating in case, having direct interest in its outcome;
8) the statement - the action for declaration, the statement, the petition and other addresses if other is not established by this Code;
9) foreign persons - foreign citizens, stateless persons, the foreign organizations, the international organizations;
10) the foreign organizations - the foreign legal entities and the organizations who are not legal entities by the right of foreign state in the territory of which they are founded;
11) the writ of appeal - the claim about cancellation or change of the district court ordinances (city) courts, economic courts of the areas (city of Minsk) which are taken out on the first instance which took legal effect and (or) court decrees regional (Minsk city) courts, the Appeal economic Court which is taken out in appeal procedure;
12) the prosecutor's appeal - the representative's protest this Code of the official about cancellation or change of the district court ordinances (city) courts, economic courts of the areas (city of Minsk) which are taken out on the first instance which took legal effect and (or) court decrees regional (Minsk city) courts, the Appeal economic Court which is taken out in appeal procedure;
13) the brief protocol, the protocol - court documents in which with observance of the procedure established by this Code are fixed the production fact on civil case, content and results of legal proceedings;
14) the supervising claim - the complaint made in the Supreme Court of the Republic of Belarus about cancellation or change of the court decrees of courts of the first, appeal, cassation instances which took legal effect, and in the cases provided by this Code - and Supervisory Court;
15) non-working days - Saturday (except for Saturday for which the Government of the Republic of Belarus in coordination with the President of the Republic of Belarus postpones the working day), Sunday (except for the Sunday announced by the President of the Republic of Belarus in the working afternoon), day of the week from which the Government of the Republic of Belarus in coordination with the President of the Republic of Belarus transfers the working day, and also public holidays and holidays announced in accordance with the established procedure non-working;
16) determination - any court decree of courts of all instances, except for the resolutions specified in Items 19 and 23 of this Article;
17) 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, reference tribunals, the international Arbitration (arbitration) Courts, bodies for permission of employment disputes and hearing of cases, other bodies and the organizations;
18) cognizance - reference of the civil case subordinated to court of law, to maintaining Trial Court;
19) the resolution - the court decree accepted by Presidium of the Supreme Court of the Republic of Belarus, presidiums regional (Minsk city) courts, presidium of Appeal economic Court by results of verification of court decrees in cassation procedure and according to the procedure of supervision;
20) 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;
21) the prosecutor - the prosecutors acting within the competence Attorney-General and subordinated to him, including transport prosecutors, their deputies, assistants according to special orders, senior assistants and assistants, advisers, chiefs of structural divisions of bodies of prosecutor's office and their deputies, the senior prosecutors according to special orders, the senior prosecutors and prosecutors of structural divisions of bodies of prosecutor's office;
22) protest according to the procedure of supervision - the representative's protest brought in the Supreme Court of the Republic of Belarus this Code of the official about cancellation or change of the court decrees of courts of the first, appeal, cassation instances which took legal effect, and in the cases provided by this Code - and Supervisory Court;
23) the decision - the court decree of the Trial Court which considered the merits of the case containing the answer (answers) to the declared requirements;
24) court - any court of law of the Republic of Belarus formed on legal causes considering civil cases solely or jointly: Trial Court, Appeal Court, court of cassation instance, Supervisory Court;
25) Appeal Court - court, competent to check legality and justification of the court decrees of Trial Court which did not take legal effect in appeal procedure;
26) court of cassation instance - court, competent to check legality of the court decrees of Trial and Appeal Courts which took legal effect in cassation procedure;
27) Supervisory Court - The Supreme Court of the Republic of Belarus, competent to check according to the procedure of supervision legality of the court decrees of courts of the first, appeal and cassation instances which took legal effect, and in the cases provided by this Code - and Supervisory Court;
28) Trial Court - court, competent to issue the court decree by consideration of civil case on the substance of the declared requirements;
29) the court decree - the decision, determination, the resolution of courts of all instances;
30) the judge - person appointed (favourites) to judgeship according to the procedure, established by the Constitution of the Republic of Belarus and the laws, for fulfillment of duties of the judge on professional basis;
31) identical case - contentious case between the same parties, about the same subject and of the same bases;
32) the private claim - the claim to the determination of Trial Court which did not take legal effect;
33) private protest - the representative's protest this Code of the prosecutor on the determination of Trial Court which did not take legal effect;
34) members of the family of the claimant, the defendant, the third party, and in the cases provided by this Code - other citizen - the spouse (spouse), close relatives specified in Item 3 of this Article and also other relatives, disabled dependents who live together with the claimant either the defendant, or the third party, or other citizen and conduct with them general economy, and also the other persons recognized as family members judicially;
35) economic court - economic court of area (city of Minsk), Appeal economic Court, judicial board on economic cases of the Supreme Court of the Republic of Belarus.
The legislation on civil legal proceedings governs the public relations arising by consideration and permission of civil cases.
1. Civil legal proceedings are regulated by the Constitution of the Republic of Belarus, this Code and other legal acts, and also international treaties of the Republic of Belarus.
2. Features of legal regulation of civil legal proceedings can be established by the president of the Republic of Belarus.
3. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in the legislation on civil legal proceedings then are applied rules of the international treaty.
1. In the Republic of Belarus civil administration of justice is conducted according to the legislation on civil legal proceedings existing in its territory during consideration of the case in court.
2. The legislation on civil legal proceedings limiting the rights of participants of civil legal proceedings has no retroactive force.
1. The interested person has the right according to the procedure, established by this Code and other legal acts, to take a legal action behind protection of the violated or disputed rights and freedoms or behind protection of the legitimate interests.
2. In the cases provided by this Code and other legal acts the prosecutor, the state bodies, legal entities and citizens of own name protecting the rights, freedoms and legitimate interests of other persons or the state and public concerns can appeal to court (including the rights, freedoms and legitimate interests of the uncertain group of people).
3. The right to judicial protection on an equal basis with citizens and legal entities of the Republic of Belarus is guaranteed to foreign citizens and stateless persons, foreign legal entities if other is not established by the Constitution of the Republic of Belarus, legal acts and international treaties of the Republic of Belarus.
4. The action for declaration, the statement, the claim and other documents can be filed a lawsuit in writing, and in the cases provided by this Code and other legal acts - also in the form of the electronic document.
5. The disclaimer on appeal to the court is invalid.
6. The refusal in judicial protection based on lack, incompleteness, inconsistency, ambiguity of regulatory legal act is not allowed.
7. By agreement of the parties the dispute subordinated to court arising from civil legal relationship before removal of court to the consultative room for pronouncement of the court decree with which substantive prosecution comes to an end, it can be transferred by the parties to permission of reference tribunal, international Arbitration (arbitration) Court, other permanent arbitration body if other is not provided by this Code, other legal acts or international treaties of the Republic of Belarus.
8. If legal acts or the agreement for certain category of cases establish obligatory pre-judicial procedure for dispute settlement, the interested person has the right to take a legal action only on condition of observance of such procedure, except as specified, provided by legal acts. Persons specified in part 2 of this Article have the right to appeal to the court without observance of obligatory pre-judicial procedure for dispute settlement.
9. In cases when before appeal to the court in claim or mandative production on dispute or the requirement between legal entities and (or) individual entrepreneurs according to the legislation or the agreement complaint (the written offer on voluntary dispute settlement) be made, the obligatory pre-judicial procedure for dispute settlement is considered observed after receipt of refusal of other party on the claim (the written offer on voluntary dispute settlement) or non receipt of the answer in time, specified in the claim (the written offer on voluntary dispute settlement) or established by the legislation or the agreement, and in case of its absence - in a month.
10. If legal acts for collection in indisputable procedure for sums of money (debt) from the debtor provide making of executive text, the interested person has the right to take a legal action in case of refusal in its making.
The court performs protection of the rights, freedoms and legitimate interests in the way:
1) recognitions of the right;
2) award to discharge of duty, recoveries of the violated right or prohibition or suppression of the actions leading to violation of the right;
3) ensuring origin, change or termination of legal relationship;
4) the factual determination having legal value;
5) applications of other stipulated by the legislation methods.
The legislation on civil legal proceedings provides the following types of productions:
1) claim;
2) mandative;
3) on the cases arising from administrative and other public legal relationship;
4) special;
5) other types of productions provided by this Code and other legal acts.
The purposes of civil legal proceedings are:
1) ensuring protection of the violated or disputed rights and freedoms, protection of legitimate interests of citizens, including individual entrepreneurs, the rights and legitimate interests of legal entities, other organizations, the Republic of Belarus and its administrative and territorial units;
2) ensuring consideration and permission of civil cases with competent, independent and just trial in the terms established by the law.
1. Tasks of civil legal proceedings are the correct and timely consideration and permission by courts of civil cases, strengthening of legality and law and order, the prevention of offenses, forming of respect for the law and court, encouragement and development of cooperation in case of the dispute resolution.
2. Civil legal proceedings are performed on the basis of the principles provided by the Constitution of the Republic of Belarus, the Code of the Republic of Belarus about judicial system and the status of judges and this Code.
1. Justice on civil cases is performed only by the court of law formed according to the procedure established by the Constitution of the Republic of Belarus and the Code of the Republic of Belarus about judicial system and the status of judges.
2. Cases are considered by judges, the appointed (elite) to position in the procedure established by the Constitution of the Republic of Belarus and the laws.
3. Court decrees can be checked and reviewed only by the relevant courts on the bases and according to the procedure, the provided this Code.
1. When implementing justice of the judge are independent and submit only to the law.
2. Judges consider and resolve cases in the conditions excluding foreign impact on freedom of forming of their internal belief and declaration of will. Any intervention in activities of judges for implementation of justice is inadmissible and attracts legal accountability.
3. Guarantees of independence of the judge are established by the Constitution of the Republic of Belarus, the Code of the Republic of Belarus about judicial system and the status of judges, this Code and other legal acts.
1. Legality of civil legal proceedings is provided with the correct application of the Constitution of the Republic of Belarus, the Code of the Republic of Belarus about judicial system and the status of judges, of this Code, other laws and other regulatory legal acts adopted according to the Constitution of the Republic of Belarus.
2. If by consideration of specific case the court has doubts in constitutionality of the regulatory legal act which is subject to application, the court before pronouncement of the court decree puts in the procedure established by the law before the Constitutional Court of the Republic of Belarus question of check of constitutionality of this regulatory legal act.
1. Justice on civil cases is performed on the basis of equality of all before the law and court. Nobody can take the advantages and privileges contradicting the law.
2. In civil legal proceedings to none of persons participating in case, and other participants of process preference cannot be given and none of them can be exposed to discrimination based on their origin, social and property status, racial and national identity, floor, education, language, the relation to religion, political and other convictions, sort and nature of occupations, the residence, the location of the legal entity, its form of business, subordination, pattern of ownership and other circumstances.
1. Consideration of civil cases in court is performed on the basis of competitiveness.
2. The parties prove the requirements and objections, choose at discretion line item, methods and means of its upholding, produce the evidence, declare petitions, express opinions, including concerning arguments of other persons participating in case.
3. The parties have the right to know about each other arguments prior to legal proceedings.
4. Each party shall prove those circumstances on which it refers as to the basis of the requirements or objections, except as specified, provided by this Code.
5. Court, keeping independence, objectivity and impartiality, performs management of process, renders to persons participating in case, assistance in realization of their rights, creates conditions for comprehensive and complete investigation of proofs, establishments of the actual circumstances and the correct application of regulations of substantive and procedural law by consideration and permission of civil cases. The court bases the decision only on those proofs, participation in which research was on an equal basis provided to all persons participating in case.
6. The court is exempted from collecting of proofs on own initiative if other is not provided by this Code. However for the purpose of establishment of the actual facts of the case according to the motivated petition of the party the court renders assistance in reclamation of necessary proofs on case if their representation by the party is impossible.
7. The parties bear risk of approach of effects of making or non-execution of legal proceedings by them.
1. Persons participating in case have the right freely and at discretion to dispose of the substantive and procedural law belonging to them, without violating the rights, freedoms and legitimate interests of other persons, and also interests of the state.
2. Proceedings are initiated by court only according to statements of interested persons and are considered only concerning the declared requirements, except as specified, provided by this Code and other legal acts.
1. Participants of civil legal proceedings shall have honesty the procedural law belonging to them and fulfill procedural duties. The actions (failure to act) of citizens and legal entities directed to failure of judicial session, delay in process, hindrance to complete, comprehensive and objective consideration of the case and removal of legal and reasoned decision and also abuse of procedural law in other forms are not allowed.
2. Any participant of civil legal proceedings is supposed fair, until proved otherwise.
1. Trial of cases in courts open.
2. Nobody can be deprived of the right to information on time and the place of trial of the case.
3. Persons participating in case and the other persons who are present at proceeding in open court have the right in writing, and also by sound recording to fix the course of legal proceedings.
4. Film and photographing, video, and also broadcast of the course of judicial session in real time by means of the global computer Internet or other means of communication are allowed from the leave of court taking into account opinion of persons participating in case. These actions can be limited to court in time and shall be performed on the places specified by court in courtroom.
5. Consideration of civil cases in the closed judicial session is allowed only in the cases provided by this Code and other legal acts.
6. Consideration of civil cases in the closed judicial sessions is performed on the cases containing the data constituting the state secrets, secrecy of adoption (adoptions) of the child and also on another matters if it is provided by legal acts.
7. Persons participating in case, the other persons who are present when making legal proceeding during which the data specified in part 6 of this Article can be revealed are warned by court about responsibility for their disclosure.
8. For prevention of disclosure of information on private life of the citizen, special personal data or information which discredits honor advantage and goodwill of the citizen or goodwill of the legal entity, and also in cases if it is necessary for protection of interests of minors, the court has the right to consider case in general or to make separate legal proceedings in the closed judicial session. In case of satisfaction of the petition of the person participating in case and referring to need of protection of other information, distribution and (or) provision of which is limited, case is considered also in the closed judicial session.
9. Personal correspondence, personal negotiations, personal records of citizens, materials film and photographings, zvuko-and the videos, messages received by means of other technical means, containing information on private life can be announced negotiations (are reproduced) and researched in proceeding in open court only with the consent of persons between whom took place such correspondence (person which made such record, the sender and the addressee of such messages or persons who are represented (whose voices are recorded) on such materials, records). In the absence of the consent at least of one of such persons the specified proofs are announced reproduced) and researched in the closed judicial session.
10. At the request of the parties or one of them in the absence of objections of the other persons participating in case, the court can consider taking into account specific circumstances any civil case in the closed judicial session.
11. At trial of case or making of separate legal proceedings at the closed judicial session there are only persons participating in case, their representatives, and at necessary cases - witnesses, experts, specialists, translators.
12. About trial of case in the closed judicial session concerning everything or part of legal proceedings the court takes out motivated determination.
13. Trial of case in the closed judicial session is conducted with observance of all civil procedure rules. Use of systems of video conferencing, and also fixing of the course of legal proceedings by persons participating in case by sound recording in the closed judicial session are not allowed.
14. The substantive provisions of the judgment are announced publicly if other is not provided by this Code.
In case of production on civil case the actions degrading the honor or advantage belittling goodwill of the participant of civil legal proceedings are prohibited.
1. Participants of civil legal proceedings have the right to legal aid which is provided by lawyers and other representatives according to the procedure, established by this Code and other acts of the legislation.
2. Counteraction to rendering legal aid in civil legal proceedings is forbidden.
The court explains to participants of civil legal proceedings their procedural law and obligations, and also warns about effects of inadequate implementation, refusal of realization of procedural law, non-execution or improper execution of procedural obligations.
1. Civil legal proceedings in the Republic of Belarus are conducted in the Belarusian and (or) Russian languages.
2. Language of legal proceedings is determined depending on language in which are filed a lawsuit the action for declaration, the statement, the claim. The court has the right to change legal proceedings language taking into account opinion of persons participating in case.
3. The right of acquaintance with all case papers, participations in production of separate legal proceedings or legal proceedings through the translator, the right to appear in court in language which they know are explained and provided to the persons who are participating in case, not knowing or insufficiently knowing legal proceedings language. In these cases specified persons have the right to use on a grant basis translation service according to the procedure, established by this Code.
4. Court documents which in accordance with the established procedure are subject to delivery or the direction to persons participating in case shall be constituted in legal proceedings language.
1. Cases on the first instance are considered by judges of all courts solely, and in the cases provided by parts 2 and 3 of Article 28, part 2 of article 390 of this Code, - is joint.
2. Courts of appeal, cassation and supervising instances according to claims and protests to court decrees consider cases jointly, except as specified, provided by part 3 of this Article.
3. Consideration in Appeal Court of cases on private claims and private protests on the determinations of Trial Court which did not take legal effect is performed by the judge of Appeal Court solely if other is not provided by part 2 of article 557 of this Code.
1. The court carries out tasks of civil legal proceedings with use of the most rational procedural means in perhaps short terms and with the minimum costs for the court and persons participating in case.
2. Unreasonable adjournment of legal proceedings and suspension of proceeedings, unreasonable breaks in judicial session on civil case are not allowed.
1. In case of permission of case the court estimates proofs on the internal belief based on impartial, comprehensive and complete investigation available in proofs in their set, being guided at the same time by the law.
2. No proofs have predefined force for court.
1. The court considers cases based on the Constitution of the Republic of Belarus and other regulatory legal acts accepted according to it.
2. In case of collision of regulatory legal acts the rules established by the legislation on rule-making activities are applied.
3. In the absence of the rule of law governing the disputable relations, the court applies the rule of law governing the similar relations (analogy of the law), and in the absence of such rule of law the court proceeds from the general beginnings and sense of the legislation, industry, cross-industry and all-legal principles (analogy is right).
4. Application by analogy of the regulations limiting the rights and establishing responsibility is not allowed.
1. In case of application of foreign law the court establishes existence and content of its regulations according to their official interpretation, practice of application and the doctrine in the corresponding foreign state.
2. The court according to the legislation applies the customs (which developed and widely applied in any field of business activity of the rule of conduct not stipulated by the legislation irrespective of whether they are fixed in any document) about which the parties knew or shall know and which in international trade are widely known and are constantly observed by the parties in agreements of this sort in the respective area of trade. The customs contradicting provisions of the legislation or the agreement, obligatory for participants of the corresponding relation, are not applied.
3. For the purpose of establishment of existence and content of regulations of foreign law and (or) customs the court has the right to address for assistance and explanation in the competent authorities and the organizations which are in the Republic of Belarus outside the Republic of Belarus, or to involve specialists.
4. Persons participating in the case having the right to submit the documents confirming existence and content of regulations of foreign law and (or) customs to which they refer for reasons for the requirements and objections and otherwise to assist court in establishment of existence and content of such regulations.
5. When obtaining by court from competent authorities, the organizations or from specialists of copies of the corresponding regulatory legal acts which are properly certified and translated into legal proceedings language and of other cases provided by this Code, existence and content of regulations of foreign law and (or) customs are considered as established.
6. The court can suggest the parties to submit the documents confirming content of regulations of foreign law and (or) customs.
7. If existence and (or) content of regulations of foreign law and (or) customs, despite the measures taken according to this Article, are not established, the court applies the relevant standards of the right of the Republic of Belarus.
1. The court decrees, and also legal orders, requirements, orders, challenges and appeals of courts and judges which took legal effect are obligatory for one and all state bodies, public associations, other legal entities, the organizations who are not legal entities of individual entrepreneurs, officials and other citizens and are subject to strict execution in all territory of the Republic of Belarus.
2. Obligation of court decrees does not deprive of interested persons of opportunity to take a legal action behind protection of the rights, freedoms and legitimate interests, the dispute on which was not considered and resolved by court.
3. Recognition and carrying out in the territory of the Republic of Belarus of foreign judgements, foreign reference tribunals (arbitration) are performed according to international treaties of the Republic of Belarus and this Code.
4. Non-execution of court decrees, and is equal other disrespect for court attract the responsibility established by legal acts.
1. If other is not provided by this Article, cases in Trial Court are considered solely by the judge who acts on behalf of court.
2. In necessary cases the chairman of justices can appoint joint structure of court from three judges.
3. Cases on disputes in the field of copyright and the related rights are considered in judicial board for intellectual property of the Supreme Court of the Republic of Belarus on the first instance by judges solely, cases on the disputes arising from application of the legislation governing the relations arising in connection with creation, legal protection and use of objects of the right of industrial property - is joint as a part of three judges.
4. The structure of court for consideration of specific case is created taking into account loading and specialization of judges according to the procedure, excluding influence on its forming of persons participating in case.
1. Review of court decrees on civil cases is performed by courts of appeal, cassation and supervising instances.
2. Judicial boards on civil cases regional (The Minsk city) courts, the judicial board of Appeal economic Court, judicial board on civil cases and judicial board on economic cases of the Supreme Court of the Republic of Belarus, appellate instance of the Supreme Court of the Republic of Belarus check legality and justification of the court decrees of Trial Courts which did not take legal effect in appeal procedure. Hearing of cases in Appeal Court is made jointly as a part of three judges, one of whom is chairman, or solely the judge in the case provided by part 3 Articles 22 of this Code.
3. Presidiums regional (The Minsk city) courts, Appeal economic Court in joint structure check legality of the court decrees of Trial and Appeal Courts which took legal effect in cassation procedure.
4. Judicial board on civil cases and judicial board on economic cases of the Supreme Court of the Republic of Belarus, Presidium of the Supreme Court of the Republic of Belarus in joint structure check according to the procedure of supervision legality of the court decrees of courts of the first, appeal, cassation instances which took legal effect, and in the cases provided by this Code - and Supervisory Court. Hearing of cases according to the procedure of supervision in judicial board on civil cases and judicial board on economic cases of the Supreme Court of the Republic of Belarus is made jointly as a part of three judges, one of whom is chairman.
1. In case of individual consideration of the case of Trial Court by the judge the questions arising during legal proceedings are solved the judge of court solely.
2. When considering the case by court in joint structure the questions arising during legal proceedings are solved judges by a majority vote. Vote is taken openly in case of the solution of each question, none of judges have no right to refrain from vote. The chairman votes the last.
3. The questions arising out of legal proceedings, the judge permits solely. The judge (chairman) solely makes also orders on conducting legal proceedings and maintenance of procedure in courtroom.
1. The judge not concordant with the solution of the majority can state in writing the special opinion.
2. In case of statement of the special opinion the judge has no right to report to somebody data on content of discussion in case of adoption of the court decree, about line item of the certain judges who were part of court and otherwise to reveal secret of meeting of judges.
3. About availability of special opinion appears in case of judgment announcement, but its content is not disclosed.
4. The special opinion of the judge shall be made in time, not exceeding five days after adoption of the court decree on case, and is attached to case papers.
1. The judge who was taking part in consideration of civil case in Trial Court cannot participate in consideration of this case in courts of appeal, cassation or supervising instances, and is equal participate in new trial of this case in Trial Court in case of cancellation of the decision passed to them.
2. The judge who was involved in consideration of the case in Appeal Court cannot participate in consideration of this case in courts of cassation or supervising instances, and is equal participate in new trial of this case in courts of the first or appeal instances after cancellation of the determination which is taken out with its participation.
3. The judge who was involved in consideration of the case in court of cassation instance cannot participate in consideration of this case in Supervisory Court, and is equal participate in new trial of this case in courts of the first, appeal or cassation instances after cancellation of the decree issued with its participation.
4. The judge who was involved in consideration of the case in Supervisory Court cannot participate in further review of this case in Supervisory Court, and is equal participate in new trial of this case in courts of the first, appeal, cassation and supervising instances after cancellation of the court decree issued with its participation.
1. The court session secretary - the assistant judge at the request of the judge performs the following operations necessary for preparation of case for preliminary judicial session and consideration in judicial session:
1) informs participants of civil legal proceedings on time and the venue of legal proceedings and checks their appearance in court;
2) finds out the reasons of absence and reports on this judge;
3) is provided by use of means zvuko-or videos for fixation of the course of judicial session or making of separate legal proceeding of court out of meeting and creation of the brief protocol, protocol;
4) carries out the orders of the judge connected with preparation and carrying out judicial session.
2. The court session secretary - the assistant judge gives to the judge help in realization of the rights granted to him and execution of the obligations assigned to it, at the request of the judge performs the separate operations which are not connected with adoption of court decrees.
1. The judge cannot be involved in consideration of the case and is subject to branch (rejection) if:
1) is relative, the spouse (spouse), the cousin-in-law any of persons participating in case, their representatives and if person participating in case is the legal entity, - the relative, the spouse (spouse), the cousin-in-law of officials of this legal entity, his founders (participants), owners of its property;
2) by the previous consideration of this case participated in it as the judge and his repeated participation in consideration of the case according to this Code is inadmissible;
3) by the previous consideration of this case participated in it as the court session secretary - the assistant judge, the representative of one of the parties, the prosecutor, the witness, the expert, the translator;
4) by the previous consideration of this case participated in it as the judge of foreign court, reference tribunal, the international Arbitration (arbitration) Court, other permanent arbitration body;
5) personally it is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in its objectivity and impartiality.
2. The judges consisting in relationship, being spouses or cousins-in-laws among themselves cannot enter into joint structure of the court considering case.
1. The prosecutor, the expert, the specialist, the translator and the court session secretary - the assistant judge cannot be involved in consideration of the case and shall declare rejection on the bases, stipulated in Article 34 of this Code.
2. The expert, the specialist, the translator also cannot participate in judicial session when considering the case by court if:
1) they are or were in job or other dependency from persons participating in case or their representatives;
2) they made audit or check which materials formed the basis or reason for appeal to the court or are used when considering the case;
3) their incompetence was found including if clarification of the circumstances important for case goes out of the sphere of their special knowledge.
3. Participation of the prosecutor, expert, specialist, translator and court session secretary - the assistant judge by the previous consideration of this case in quality according to the prosecutor, the expert, the specialist, the translator and the court session secretary - the assistant judge is not the basis for their branch or rejection.
1. In the presence of the bases provided by Articles 34 and 35 of this Code, the judge, the prosecutor, the expert, the specialist, the translator and the court session secretary - the assistant judge shall declare rejection and refuse participation in consideration of the case. On the same bases branch to the judge, the prosecutor, the expert, the specialist, the translator and the court session secretary - the assistant judge can be declared by persons participating in case.
2. Branch (rejection) shall be motivated and declared in writing prior to substantive prosecution. During consideration of the case the statement for branch (rejection) is allowed in that case when the basis for branch (rejection) became known to the court or person declaring branch (rejection) after the beginning of consideration of the case.
3. The repeated branch declared by the same person and on the same bases is not subject to consideration.
1. The branch declared to the judge who considers case solely is allowed by the judge. When considering the case in joint structure the question of removal of the judge is resolved by other judges for lack of taken away. In case of equal number of votes, given for branch and against it, the judge is considered taken away. The branch declared to several judges or all structure of court is allowed by the same court en banc by a simple majority vote.
2. Branch (rejection) declared to the prosecutor, the expert, the specialist, the translator, the court session secretary - to the assistant judge, is considered and allowed by court in the same judicial session in which branch (rejection) is declared.
3. In case of the statement of branch the court shall listen to opinions of persons participating in case and also to hear person to whom branch is declared if taken away wishes to offer explanations.
4. The judge, the court clerk - the assistant judge who declares branch to the solution of question of their branch perform only urgent legal proceedings.
5. The question of branch is resolved in the consultative room with determination removal.
1. In case of removal (rejection) of the judge, several judges or all structure of court case is considered in the same court, but other structure of court.
2. If as a result of satisfaction of branch (rejection) it is impossible to form new structure of court for consideration of the case in the same court, it goes to superior court for the solution of question of transfer to other court.
1. Courts according to the procedure of civil legal proceedings consider and resolve cases with participation of citizens, including individual entrepreneurs, legal entities (the organizations, not being legal entities, - in the cases provided by this Code and other legal acts), the Republic of Belarus and its administrative and territorial units, state bodies, officials about protection of the violated or disputed rights and freedoms or about protection of legitimate interests if according to this Code and other legal acts their protection is not performed by other bodies and the organizations.
2. Are subordinated to courts:
1) cases on the disputes arising from civil, family, employment, housing, financial, land and other legal relationship;
2) cases of mandative production;
3) the cases arising from administrative and other public legal relationship, provided by this Code and other legal acts;
4) cases of special proceeding which categories are provided by this Code and other legal acts;
5) other cases provided by this Code and other legal acts.
1. Jurisdiction is determined by the judge accepting case to production or court in which production it is.
2. The case accepted by court to the production with observance of rules of jurisdiction shall be authorized court in essence, at least further it became it not subordinated.
3. In case of presentation of several requirements connected among themselves from which one are subordinated to court others - to other state body or the organization if separation of requirements is impossible, all requirements are subject to consideration in court if other is not provided by legal acts.
4. If separation of requirements is possible, the court takes out determination about initiation of proceeedings according to the requirements subordinated to court, and refusal in initiation of proceeedings according to the requirements subordinated to other state body or the organization.
5. The court decree which took legal effect about jurisdiction is obligatory for other courts, other state bodies or the organizations.
1. If other is not provided by this Code and other legal acts or international treaties of the Republic of Belarus, the dispute arising from civil legal relationship subordinated to court according to this Code, before removal of court in the consultative room for pronouncement of the court decree with which substantive prosecution comes to an end, it can be transferred by the parties to permission of reference tribunal, international Arbitration (arbitration) Court, other permanent arbitration body in case of simultaneous observance of the following conditions:
1) between the parties of dispute there is the valid written agreement;
2) the possibility of the appeal to reference tribunal, the international Arbitration (arbitration) Court, other permanent arbitration body is not lost;
3) the defendant objecting to consideration of the case in court no later than the first statement on the substance of dispute will declare the petition for transfer of dispute on permission of reference tribunal, international Arbitration (arbitration) Court, other permanent arbitration body.
2. Cannot be transferred to consideration of reference tribunal, international Arbitration (arbitration) Court, other permanent arbitration body:
1) the cases arising from the marriage and family relations, except for disputes on the Section of property of spouses;
2) the disputes arising from the employment and related relationships;
3) disputes on inheritance;
4) disputes on indemnification, the citizen caused to life or health, about indemnification, caused by crime;
5) disputes on eviction of citizens from premises;
6) the disputes arising from the relations connected with indemnification, caused to the environment;
7) other disputes in the cases provided by legal acts.
3. In case of transfer of dispute on permission of reference tribunal, international Arbitration (arbitration) Court, other permanent arbitration body the court takes out determination about the leaving of the action for declaration without consideration according to the procedure established by this Code.
1. The dispute subordinated to court arising from civil, family, employment, other legal relationship if other is not provided by legal acts or does not follow from being of the corresponding legal relationship, after initiation of proceeedings by court and before removal of court to the consultative room for pronouncement of the court decree with which substantive prosecution comes to an end, according to the written application of the parties about agreement signature about application of mediation and about leaving of the action for declaration without consideration with respect thereto can be transferred by the agreement for settlement by carrying out mediation according to the procedure, established by the legislation on mediation.
2. About transfer of dispute for settlement by carrying out mediation and about leaving of the action for declaration without consideration the court takes out determination.
The civil cases subordinated to courts are considered and permitted on the first instance by district (city) courts, except for the cases referred to cognizance of other courts.
1. Regional (Minsk city) the court considers on the first instance cases subordinated to court (except for put, cognizable to economic courts, the Supreme Court of the Republic of Belarus):
1) about suspension or the termination of activities of republican labor unions, their associations;
2) about suspension of operations, liquidation of public associations, their unions (associations);
3) about liquidation of the local, republican, international funds created in the territory of the Republic of Belarus; republican state public associations; the religious organizations registered by republican state body for religions; the religious communities registered regional, Minsk city by executive committees; the organizations rendering assistance to organized group, the criminal organization or created at the expense of organized group, the criminal organization;
4) about contest of decisions of the Ministry of Justice on refusal in adoption of the documents submitted for state registration of Bar; about refusal in state registration of Bar, the changes made to its charter; about liquidation of Bar; about contest of other actions (failure to act) connected with liquidation of Bar;
5) about contest of decisions of the Ministry of Justice on refusal in state registration of the Belarusian notarial chamber, Chamber of tax consultants, the changes and (or) additions made to their charters; symbolics (anthem, badge, pennant, tie) of republican state public association; about contest of the failure to act expressed in non-realization of such registration in time, established by legal acts;
6) about contest of actions of the Ministry of Justice, head department of justice regional, Minsk city the executive committees expressed in pronouncement of the written warning to public association, union (association) of public associations, to the international, republican, local funds;
7) about contest of decisions of the Ministry of Justice, head department of justice regional, Minsk city executive committees about refusal in state registration (re-registration) of public associations, labor unions, their unions (associations), their symbolics (anthems, badges, pennants, ties), changes and (or) additions made to their charters; about contest of the failure to act expressed in non-realization of such registration (re-registration) in time, established by legal acts;
8) about contest of decisions of the Ministry of Justice, head department of justice regional, Minsk city executive committees about refusal in state registration of the international, republican, local funds, the changes and (or) additions made to their charters, about contest of other actions (failure to act) connected with non-realization of such registration in time, established by legal acts;
9) about contest of decisions of the Ministry of Justice, head department of justice regional, Minsk city executive committees about refusal in state registration or registration of permanent reference tribunal, about refusal in state registration of the changes and (or) additions made to the charter of permanent reference tribunal; about contest of the failure to act expressed in non-realization of such registration or registration in time, established by legal acts;
10) about contest of decisions of head department of justice regional, Minsk city executive committees about refusal in state registration or registration of organizational structures of public associations, republican state public associations; about contest of the failure to act expressed in non-realization of such registration or registration in time, established by legal acts;
11) about recognition illegal strikes or decisions on its carrying out;
12) about the international adoption (adoption cancellation) of the child in the territory of the Republic of Belarus;
13) about recognition and carrying out of the foreign judgment, foreign reference tribunal (arbitration) if participant of legal relationship on case is the citizen;
14) about recognition or about recognition and execution of the foreign judgment about collection of children maintenance, about removal or about enhancement of the decision on collection of children maintenance in the international procedure based on the Convention on the international procedure for collection of children maintenance and other forms of maintenance of family of November 23, 2007 (further in Chapter 53 of this Code, unless otherwise specified, - the Convention on the alimony) at the requests and petitions which arrived through the Ministry of Justice;
Which 15) materials contain the data constituting the state secrets;
16) other cases in the cases provided by this Code and other legal acts.
2. Regional (Minsk city) the court has the right to withdraw any case from the district (city) court which is in the territory of the respective area, the city of Minsk and to accept it to the production as Trial Court.
1. Economic courts consider on the first instance the cases subordinated to courts connected with implementation of business and other economic activity (except for put, cognizable to other courts), with participation of legal entities, individual entrepreneurs, the Republic of Belarus and its administrative and territorial units, state bodies, officials, and in the cases provided by this Code and other legal acts - the organizations, not being legal entities, and other citizens.
2. Irrespective of whether the legal entities, the organizations who are not legal entities individual entrepreneurs or other citizens are participants of legal relationship from which there were dispute or the requirement, economic courts consider the cases connected with implementation of business and other economic activity:
1) the establishments of the legal entity and (or) participation in it following from application of conditions;
2) about protection of goodwill;
3) connected with creation, reorganization, state registration and liquidation (the activities termination) of legal entities and individual entrepreneurs;
4) about insolvency or bankruptcy; on the disputes connected with insolvency or bankruptcy;
5) other cases in the cases provided by this Code and other legal acts.
3. Economic courts of area (city of Minsk) consider cases on the first instance, except for those cases which are referred to cognizance of Appeal economic Court, the Supreme Court of the Republic of Belarus.
4. The Appeal economic Court considers as Trial Court:
1) disputes between administrative and territorial units of the Republic of Belarus;
2) cases which materials contain the data constituting the state secrets;
3) other cases referred by legal acts to cognizance of Appeal economic Court.
5. The Appeal economic Court has the right to withdraw any case from economic court of area (city of Minsk) and to accept it to the production as Trial Court.
1. The Supreme Court of the Republic of Belarus considers as Trial Court:
1) disputes between the Republic of Belarus and administrative and territorial units of the Republic of Belarus;
2) the disputes and another matters arising from application of the legislation governing the property and personal non-property relations arising in connection with creation, legal protection and use of intellectual property items;
3) cases on contest of decisions of patent body and Appeal council under patent body, and also decisions of antimonopoly authority on factual determination of availability (absence) of antitrust violation and (or) the instruction;
4) cases on contest of the conclusions of the Highest qualification board of judges of the Supreme Court of the Republic of Belarus, and also the conclusions of qualification boards of judges regional (The Minsk city) courts, economic courts of areas (city of Minsk) (except for the conclusions about refusal in the recommendation of persons applying for judgeship and concerning representation of judges to the state awards of the Republic of Belarus);
5) cases on contest of decisions of Central Election Commission on refusal in registration of the candidate for president of the Republic of Belarus, on refusal in registration of initiative group of citizens on holding republican referendum, and also other cases in the cases provided by the Electoral code of the Republic of Belarus and other legal acts for elections, referendum;
6) other cases in the cases provided by legal acts.
2. The Supreme Court of the Republic of Belarus has the right to withdraw any case from any court and to accept it to the production as Trial Court, and also to determine cognizance of cases in the cases provided by legal acts.
1. The statement for initiation of proceeedings is filed a lawsuit at the place of residence of the defendant if other is not provided by this Code.
2. If defendant is the legal entity, the application for initiation of proceeedings is submitted in the place of its stay specified in the charter, other constituent document and (or) the Single state register of legal entities and individual entrepreneurs if other is not provided by this Code.
1. The choice between several courts to which case is jurisdictional belongs to the claimant.
2. The claim to several defendants living or being in different places can be shown at the choice of the claimant at the place of residence or the location of one of defendants.
3. The claim to the defendant, the residence or the location of which are unknown or which does not take the residence in the Republic of Belarus, can be shown in the location of its property or at its last known place of residence or the location in the Republic of Belarus.
4. The claim to the legal entity following from activities of its separate division (representation, branch), can be shown also in the location of separate division of the legal entity (representation, branch).
5. The claim to the defendant who is individual entrepreneur of the Republic of Belarus and is in the territory of other state can be shown at the place of residence or the location of the claimant in the Republic of Belarus or in the location of property of the defendant in the Republic of Belarus.
6. The claim following from the agreement in which the place of execution is specified can be shown also in the place of agreement performance.
7. The compensatory action, the citizen caused to property or the legal entity, can be shown also in the place of damnification.
8. The compensatory action, the citizen caused to life or health, can be shown by the claimant also in the place of his residence or in the place of damnification.
9. The compensatory action, the caused to the citizen as a result of detention, detention, house arrest, temporary discharge from position, the forced room in forensic-psychiatric expert hospital, application of enforcement powers of safety and treatment, illegal condemnation, illegal imposing of administrative punishment in the form of administrative detention, social jobs, can be shown by the claimant also in the place of his residence.
10. Recovery suits of the alimony, about establishment of motherhood and (or) paternity, about deprivation of the parent rights or about confiscation of the child without deprivation of the parent rights can be shown by the claimant also in the place of his residence.
11. The claim for deprivation of the parent rights can be made by the claimant also at the place of residence of the child or in the place of its stay if the child is on the state providing.
12. The recovery suit of the expenses spent by the state for content of the children who are on the state providing can be shown by the claimant also in the place of its stay or in the location of children on the state providing.
13. The claim in protection of the rights, freedoms and legitimate interests of the child can be also shown at its place of residence or the location.
14. The action of rescission of marriage with person recognized in the procedure established by the law it is unknown absent, incapacitated, or by person condemned for crime execution to imprisonment for the term of at least three years it can be shown also at the place of residence of the claimant.
15. The action of rescission of scrap can be made at the place of residence of the claimant also in case in case of it there are minor children or when for health reasons departure of the claimant to the residence of the defendant is represented for it difficult.
16. The claim for protection of the rights of the consumer can be made also at the place of residence or the location of the claimant either in the place of agreement performance or in the place of damnification.
17. Petitions from the citizen, the legal entity on the cases arising from administrative and other public legal relationship can be submitted at the place of residence or the location of the applicant or interested person if other is not provided by this Code and other legal acts.
18. Cognizance at the choice of the claimant can be established also in other cases provided by this Code and other legal acts.
1. Claims for the rights to real estate, and also for release of property from arrest or for property exception of the act of the belongings list are shown in the location of this property.
2. Claims for the rights to air, ocean ships and inland navigation vessels, vessels mixed (the river - the sea) swimmings, and also on space objects are shown in the place of their state registration.
3. The claim to carrier following from the transportation agreement including if the carrier is one of defendants, is shown in the location of carrier to which complaint was in accordance with the established procedure made or complaint could be made.
4. The claim of the creditor of the testator made to heirs, the testamentary executor (to the trustee inheritance) before inheritance acceptance by heirs, is shown in the location of heritable property or its main part.
5. Exclusive cognizance can be established also in other cases provided by this Code and other legal acts.
The parties can according to the written agreement among themselves establish contractual territorial cognizance, except as specified, provided by part 16 of Article 48 and article 49 of this Code.
1. The claim of the third party declaring the independent requirement regarding dispute, and the counter action irrespective of their cognizance are shown in court in the place of consideration of the original action.
2. The civil action following from criminal case if it was not shown or was not resolved in course of production on criminal case, is shown according to the procedure of civil legal proceedings by the rules of cognizance established by this Code.
1. The case accepted by court to the production with observance of rules of cognizance shall be considered by it in essence, at least further it became cognizable to other court.
2. The court submits case of other court on cognizance if:
1) when considering the case in this court it became clear that it was accepted to production with cognizance abuse of regulations;
2) the defendant, the location or the residence of which were unknown earlier, declared the petition for case referral in court at its place of residence or the location;
3) it will be more quickly, fully and is comprehensively considered in other court;
4) one of the parties in dispute is the same court.
3. About case referral determination which can be appealed and protested in appeal procedure is submitted for consideration of other court on cognizance.
4. Case referral from one court in another on cognizance is made after the expiration on appeal and (or) protest of the determination specified in part 3 of this Article, and its introduction in legal force.
5. If after removal of one or several judges of this court or for other objective reasons it is impossible to create structure of court for consideration of the case, it goes to superior court for the solution of question of case referral in other court.
6. The case directed from one court to another according to the procedure, established by this Article, is subject to unconditional acceptance to production by court to which it is sent. Disputes on cognizance between courts are not allowed.
1. In some cases the case prior to its consideration in judicial session can be submitted from one court to which it is jurisdictional, to other court for the purpose of the most bystry, complete and comprehensive consideration of the case.
2. The question of case referral from one district (city) court in other district (city) court within the area, the city of Minsk is allowed by the chairman corresponding regional (Minsk city) vessels, the Chairman of the Supreme Court of the Republic of Belarus or his deputies. The question of case referral in court of other area, city of Minsk is allowed by the Chairman of the Supreme Court of the Republic of Belarus or his deputies.
3. The question of case referral from one economic court of area (city of Minsk) in other economic court of area (city of Minsk) is allowed by the chairman of Appeal economic Court, the Chairman of the Supreme Court of the Republic of Belarus or his deputies.
Cognizance of cases on which one of the parties is the foreign person is determined according to Chapter 47 of this Code.
1. Participants of civil legal proceedings are:
1) persons participating in case. The participants of civil legal proceedings having legal interest (direct or state, public or other) in the outcome of the case treat persons participating in case;
2) other participants of process. The participants of civil legal proceedings who do not have legal interest in the outcome of the case treat other participants of process.
2. Persons participating in case who have direct interest in its outcome are:
1) for claim production - the parties, the third parties;
2) on the cases arising from administrative and other public legal relationship - the parties, other persons whose rights and obligations can be mentioned in case of permission of case;
3) for special proceeding - the applicant, interested persons;
4) for mandative production - the claimant, the debtor, the other person, the rights and (or) legitimate interests of which are infringed by determination about the writ;
5) on insolvency matters or bankruptcy - the debtor, other persons according to legal acts for insolvency settlement;
6) on cases on recognition and carrying out of the foreign judgment, foreign reference tribunal (arbitration) - the claimant, the debtor;
7) on cases on recognition and carrying out of the international mediativny agreement - the parties of the international mediativny agreement;
8) on cases on cancellation of the decision of reference tribunal, the international Arbitration (arbitration) Court, other permanent arbitration body, being in the territory of the Republic of Belarus, - party litigants, considered respectively by the reference tribunal, the international Arbitration (arbitration) Court, other permanent arbitration body which are in the territory of the Republic of Belarus;
9) on cases on providing the claim considered by the international Arbitration (arbitration) Court, reference tribunal which is in the territory of the Republic of Belarus - the parties arbitral, arbitration;
10) on cases on issue of the executive document for forced execution of the decision of reference tribunal, the international Arbitration (arbitration) Court, other permanent arbitration body, being in the territory of the Republic of Belarus, - party litigants, considered respectively by the reference tribunal, the international Arbitration (arbitration) Court, other permanent arbitration body which are in the territory of the Republic of Belarus;
11) on cases on issue of the executive document for forced execution of the mediativny agreement - the parties of the mediativny agreement;
12) other persons in the cases provided by legal acts.
3. Persons participating in case who have the state, public or other interest in its outcome are:
1) prosecutor;
2) the state bodies, legal entities and citizens of own name protecting the rights, freedoms and legitimate interests of other persons;
3) the state bodies, other authorized organizations which entered (attracted) in process for giving conclusions on case;
4) other persons in the cases provided by legal acts.
4. Their representatives according to the procedure, established by Chapter 10 of this Code can be involved in civil legal proceedings along with persons participating in case.
5. No legal interest in the outcome of the case is had by other participants of process: witnesses, experts, specialists, translators, witnesses, and also the public representatives (public associations, labor collectives) who state to court of opinion of the public associations or labor collectives which authorized them on the case considered by court.
1. Capability have civil procedural law and perform procedural duties (civil standing in court) is recognized equally for all citizens and legal entities of the Republic of Belarus, beyond the Republic of Belarus and its administrative and territorial units, and the cases provided by legal acts - also behind the organizations, not being legal entities.
2. Foreign persons have civil standing in court according to provisions of Chapter 46 of this Code.
3. Capability the actions to perform the rights, to fulfill duties in court, to charge conducting case to the representative (civil procedural capacity to act) belongs in full to the citizens who reached age of majority, to the minors - in the cases provided by this Code and other acts of the legislation, to legal entities, and in the cases provided by legal acts - to the organizations, not being legal entities.
4. The rights, freedoms and legitimate interests of minors aged from fourteen up to eighteen years, and also citizens, acknowledged it is limited by capable, defend themselves in court their parents, adoptive parents or custodians. The court shall recruit in such cases of the minors or citizens recognized restrictedly capable, except as specified, when involvement of the minor to participation in case contradicts its interests.
5. The minors which reached fourteen years have the right to take a legal action personally with the statement for protection of the rights, freedoms and legitimate interests and to use at any time the help of lawyers and other representatives in court without the consent of parents, adoptive parents, custodians. The question of attraction to participation in such cases of parents, adoptive parents, custodians of minors for rendering the help to them is solved court.
6. The rights, freedoms and legitimate interests of the minors which did not reach fourteen years and also the citizens recognized as incapacitated defend themselves in court their parents, adoptive parents or guardians.
1. Each person participating in case borrows and protects in production on this case independent line item which is expressed in the relevant procedural documents, statements and actions. The line item includes certain requirements or objections against requirements together with their actual and legal reasons.
2. Persons participating in case have the right:
1) to submit applications and to declare petitions;
2) to get acquainted with case papers, to do statements of them, to make at own expense copies of these materials;
3) to declare branches;
4) to produce the evidence, to participate in research of proofs;
5) to offer oral and written explanations for court, to give the arguments and reasons, to object to petitions, arguments and reasons of other persons, from the leave of court to ask questions to other participants of civil legal proceedings;
To know 6) about the complaints made by the other persons participating in case and also about the brought protests of officials;
7) to participate in judicial debate;
8) to get acquainted with zvuko-or video, with the brief protocol, the protocol of judicial session or making of separate legal proceeding out of meeting and to submit on them written notes;
9) to appeal court decrees;
10) to perform other procedural law provided by this Code and other legal acts.
3. The amount of the rights and obligations of person participating in case (its status) in production on specific case depends on procedural provision of this person.
4. In the cases specified in Items 2-11 of part 2 of article 55 of this Code, the amount of procedural law and obligations of persons participating in case is determined taking into account the features provided by this Code and essence of the corresponding type of production.
5. Persons participating in case shall have honesty all procedural law belonging to them, without allowing abuse of them.
6. Abuse of procedural law of persons participating in case attracts for these persons of effect, provided by this Code and other legal acts.
7. Persons participating in case perform the procedural duties provided by this Code and other legal acts or assigned to them by court according to the specified legal acts.
8. Non-execution of procedural obligations by persons participating in case involves for these persons of effect, provided by this Code and other legal acts.
1. Acquaintance with the materials of civil cases containing the data constituting the state secrets, other information distribution and (or) provision of which is limited, statements from them, copying from the documents which are not containing the data constituting the state secrets, other information, distribution and (or) provision of which is limited, are performed by participants of civil legal proceedings with observance of requirements of the legislation.
2. The court shall determine the place and term of acquaintance of participants of civil legal proceedings with the procedural documents or their copies containing the data constituting the state secrets, other information, distribution and (or) provision of which is limited and to provide such acquaintance with observance of requirements of the legislation. At the same time the court warns them about responsibility for disclosure of the specified data, other information about what at them the subscription undertakes.
1. The rights and obligations of other participants of process (except for the public representatives) are regulated by Chapter 9 of this Code.
2. Representatives of the public have the right to get acquainted with case papers, to do statements of them, to make at own expense copies of these materials, to offer oral and written explanations for court in connection with statement of opinion of the public associations or labor collectives which authorized them on the case considered by court. Representatives of the public certify the powers statements from the decision of general meeting or elected body of public association, labor collective by which they are authorized on opinion statement in court.
Persons who are not recruited in case concerning whom the court issued the court decree about their rights and (or) obligations had the right to appeal it according to the procedure, established by this Code. From the date of acceptance by the relevant court to production of the claim (appeal, cassation, supervising) or protest these persons have the rights and perform the duties provided by this Code for persons participating in case.
1. The parties in cases of claim production are the claimant and the defendant.
2. Claimants are the citizens, legal entities, the Republic of Belarus and its administrative and territorial units which made the claim in protection of the violated or disputed rights and freedoms or in protection of the legitimate interests or in protection of the rights which freedoms and legitimate interests the claim by other persons according to the procedure is made, established by this Code.
3. Defendants are citizens, legal entities, the Republic of Belarus and its administrative and territorial units to which the claim is imposed.
4. In the cases provided by legal acts, the organizations, not being legal entities can be the parties.
5. In the cases arising from administrative and other public legal relationship, the parties are applicants, and also interested persons.
6. The claimant has the right to the request for judicial protection. It formulates the line item in the action for declaration. Person for the benefit of whom in the cases provided by the law proceedings are initiated according to the statement of the prosecutor, state body, the legal entity or the citizen participates in it as the claimant.
7. The defendant possesses right of defense against the made claim. It can formulate the line item in response on the action for declaration or make the counter claim.
8. The parties have the equal procedural law and perform equal procedural duties.
1. The parties are granted the right in the limits established by the law freely to dispose of the rights.
2. When considering the case in Trial Court the claimant before the end of judicial research of proofs has the right to change the basis or subject of action, to increase or reduce the size of claims.
3. The claimant has the right to refuse the claim completely or in part at any stage of civil legal proceedings. The defendant has the right to change the basis of objections against the claim, fully or partially to recognize the claim.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.