of July 26, 2024 No. 547
About dispute settlement (disagreements) which arose between investors and the Republic of Belarus and connected with implementation of investments
Based on the paragraph of the twenty first subitem 1.2 of Item 1 of article 10 of the Law of the Republic of Belarus of July 12, 2013 No. 53-Z "About investments" and for the purpose of ensuring effective interaction concerning dispute settlement (disagreements) which arose between investors and the Republic of Belarus and connected with implementation of investments (further, unless otherwise specified, - disputes), the Council of Ministers of the Republic of Belarus DECIDES:
2. The republican state bodies, other organizations subordinated to Council of Ministers of the Republic of Belarus regional (The Minsk city) the executive committees (further - state bodies) performing dispute settlement in pre-judicial procedure annually till February 15 of the year following for reporting provide in the Ministry of Economics information on results of consideration of the arrived written offers on dispute settlement with application of a copy of the protocol on dispute settlement in pre-judicial procedure or the report on impossibility of its permission by acceptable method.
3. The Ministry of Economics annually till February 25 of the year following reporting provides in Council of Ministers of the Republic of Belarus information on the offers on dispute settlement and results of their consideration which arrived in state bodies with offers on elimination of the reasons (in case of their availability) which entailed origin between investors and the Republic of Belarus of disputes.
4. The state body organizing work on protection and representation of national interests during legal (arbitral) proceedings in connection with dispute settlement (further - trial), quarterly to the 25th following the accounting period represents to Council of Ministers of the Republic of Belarus and the Ministry of Economics information on the course and result (in the presence) of trial with application of a copy of the relevant decision (other procedural document of the body considering dispute).
5. Financing of the costs connected with ensuring dispute settlement in pre-judicial procedure and also with the organization of work on protection and representation of national interests during trials, can be performed at the expense of means republican or local budgets according to the budget legislation or other sources.
6. Grant to the Ministry of Economics the right to explain questions of application of this resolution.
7. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix.
8. Action of the Regulations on order of interaction of the republican state bodies, other organizations subordinated to Council of Ministers of the Republic of Belarus regional (The Minsk city) executive committees concerning dispute settlement (disagreements) which arose between investors and the Republic of Belarus and connected with implementation of investments does not extend to the relations which arose before entry into force of this resolution on:
to interaction of state bodies concerning dispute settlement in pre-judicial procedure;
the organizations of work on protection and representation of national interests during trials.
9. This resolution becomes effective after its official publication.
Prime Minister of the Republic of Belarus
R. Golovchenko
Appendix
to the Resolution of Council of Ministers of the Republic of Belarus of July 26, 2024 No. 547
1. The resolution of Council of Ministers of the Republic of Belarus of February 14, 2012 No. 146 "About approval of the Regulations on pre-judicial dispute settlement (disagreements) connected with implementation of investments".
2. The resolution of Council of Ministers of the Republic of Belarus of December 11, 2013 No. 1062 "About introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of February 14, 2012 No. 146".
3. Subitem 1.1 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of May 6, 2022 No. 280 "About change of resolutions of Council of Ministers of the Republic of Belarus of February 14, 2012 No. 146 and of May 26, 2014 No. 506".
4. Subitem 1.23 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of July 13, 2023 No. 457 "About change of resolutions of Council of Ministers of the Republic of Belarus".
Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 26, 2024 No. 547
1. This Provision determines order of interaction of state bodies concerning dispute settlement.
2. Action of this provision does not extend to the addresses which are subject to consideration in compliance:
with the constitutional, criminal procedure legislation;
with the legislation on administrative offenses, the legislation determining procedure for administrative process and also on addresses concerning which legal acts establish other procedure for their consideration;
with the civil and economic procedural legislation, - till December 31, 2025;
with the legislation on civil legal proceedings, - since January 1, 2026.
If the legal act in the field of investments, the international treaty of the Republic of Belarus, the agreement between the investor and the Republic of Belarus connected with implementation of investments (further - the agreement), establishes other concerning dispute settlement, than it is provided by this Provision, provisions of these of the legal act, the international treaty of the Republic of Belarus and (or) the agreement are applied.
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