Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of June 29, 2006 No. 4

About practice of consideration by courts of statements according to the procedure of mandative production

(as amended on 23-12-2021)

Having discussed practice of consideration by courts of statements according to the procedure of mandative production, for the purpose of remedial action and ensuring the correct and uniform application of the procedural legislation the Plenum of the Supreme Court of the Republic of Belarus

DECIDES:

1. Draw the attention of courts that mandative production is independent type of civil legal proceedings in which the judge in the cases established by the law according to the statement of the claimant without carrying out judicial session and challenge of the parties based on the submitted documents assigns obligation to the debtor to pay sum of money or to transfer personal estate.

The list of requirements established by the Art. 394 GPK which can be considered according to the procedure of mandative production is exhaustive and is not subject to extensive interpretation.

2. Explain to courts that mandative production can be initiated only according to the statement which contents shall conform to requirements of the Art. 395 GPK.

Submission of the copy of the application by the applicant in mandative production is not provided.

In the presence in the statement of shortcomings the judge, being guided by rules of the Art. 111 GPK, leaves it without movement and provides term for their correction if shortcomings are not the basis for refusal in adoption of the statement according to the Art. 396 GPK. In this case the term of consideration of the application is estimated in relation to the p. 2 of the Art. 248 GPK from the date of correction of shortcomings.

3. The statement for initiation of mandative production is filed a lawsuit with observance of the rules of cognizance established by Chapter 5 GPK, the claimant, his representative, the prosecutor, and also the state bodies, legal entities and citizens of own name protecting the rights of other persons in the cases provided by the Art. of the Art. 85, 86 GPK.

If the application for initiation of mandative production is submitted by the representative of the claimant, then the document confirming its powers shall be enclosed to the application.

Questions of payment of statements for initiation of mandative production by the state fee and provisions of privileges on its payment are solved according to the legislation of the Republic of Belarus.

Determination of the judge about refusal in exemption of the state fee can be appealed in appeal procedure.

4. Draw the attention of courts that according to subitem 4, of the 5th p. 2 of the Art. 395 GPK the statement shall contain the reference to documents which shall be enclosed to the application and confirm justification of requirements of the applicant.

In particular, on demand, based on notarially certified transaction, the applicant shall submit notarially certified agreement and other documents confirming the fact of the conclusion of the transaction and approach of completion date of the obligation according to the transaction;

on demand about collection of the alimony for minor children if it is not connected with paternity proof or need of involvement of the third parties, the copy of the certificate of birth of the child, the reference from the residence on finding of the child dependent on the claimant, the reference of the debtor about its earnings and about lack of maintenance deductions for benefit of other persons is submitted.

In case of collection of sums of money the claimant shall submit their calculation in writing with separate specifying of the main amount and penalty (penalty, penalty fee) if its collection is stipulated by the legislation or the agreement.

The question of sufficiency of written instruments for removal of determination about the writ is resolved by the judge in each case depending on nature of the declared requirement.

5. Before removal by the judge of determination about the writ the applicant can refuse the submitted application for initiation of mandative production. In this case the submitted application and documents attached to it return to the claimant without determination removal.

6. Courts should mean that the refusal in adoption of the statement for initiation of mandative production is allowed on the bases specified in the station 396 GPK. In addition to the cases provided by the Art. of Art. 245 and 246 of GPK, the judge refuses adoption of the statement if: requirements which are not provided by the Art. 394 GPK are imposed; the debtor is outside jurisdiction of courts of the Republic of Belarus; the documents confirming the declared requirement are not submitted; there is dispute on the right which cannot be permitted based on the submitted documents; the statement is not paid with the state fee.

In the presence of such bases the judge takes out determination about refusal in adoption of the statement for initiation of mandative production which is not subject to appeal and protest.

7. The repeated address with the statement for initiation of mandative production is allowed only in case of elimination by the applicant of the reasons which formed the basis to refusal in adoption of the statement earlier.

According to the Art. 396 GPK the refusal in adoption of the statement for initiation of mandative production does not interfere with presentation by the applicant of the claim for the same requirement according to the procedure of claim production.

In case of refusal in adoption of the statement for initiation of mandative production the state fee paid by the applicant can be returned to it according to the procedure, provided by Chapter 8 of the General part of the Tax code of the Republic of Belarus, or is offset on account of the subject payment of duty according to the action for declaration.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

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

Get help

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.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.