of October 31, 1996 No. 23
About enhancement and perspective activities of economic courts of the Republic of Belarus
The analysis of the disputes considered by economic courts of the Republic of Belarus in 9 months 1996 shows that the crisis phenomena taking place in economy of the state in general considerably are aggravated with numerous violations of legality as from certain subjects of managing, and the violations allowed in the field of management.
From total quantity receivership proceeding constitute absolute majority (89%). Practically all claims are satisfied (94%). Economic sanctions on 1, of one trillion rubles are applied to persons which allowed different offenses. Such high percent of udovletvoryaemost of claims, and also economic sanctions demonstrate mass non-execution of contractual commitments and rules of law by subjects of managing of different patterns of ownership.
More than twice the number of disputes over payments increased. On these cases of the company of the state pattern of ownership in 60% of cases acted as defendants and in 30% - claimants. At the same time by 5 times the number of claims of prosecutors in protection of interests of the companies of different patterns of ownership, almost twice - claims of the state tax authorities increased. About 20 billion rubles of the hidden income, shortages on taxes, financial sanctions are exacted only from physical litspredprinimatel.
The number of disputes of banks among themselves, including with participation of National Bank of the Republic of Belarus continues to increase. Many creditors address with claims for recognition of banks economically insolvent and bankrupts. Nature of these disputes testifies to massive faults in system of credit regulation, methodology of interbank calculations, the organization of control of activities of banks from National Bank of the Republic of Belarus.
Due to the imperfection of legal regulation in the field of capital construction, and especially housing constructions, including with business participation, arises disputes on protection of the rights and legitimate interests of physical persons and legal entities more and more.
The number of appeals to courts of subjects of managing about recognition of acts of the state and other bodies (the central state bodies, executive committees) invalid in connection with contradiction to their current legislation does not decrease. Most of all complaints from the companies of different patterns of ownership express to acts of National Bank of the Republic of Belarus, tax authorities, executive committees. The Udovletvoryaemost of these claims courts reaches 60-70% in a number of regions. On the considered cases such violations from the called bodies are revealed as: exceeding of the competence, non-compliance with procedure for the publication of acts, unreasonable expansion of operation of acts in space and in time.
However economic courts by hearing of cases were quite often limited to pronouncement only of decisions on the substance of dispute, without reacting to the revealed violations. The analysis of court practice on the most urgent categories of cases was not always performed, authorities and law enforcement agencies were informed, suggestions for improvement of the current legislation were made. Quality of implementation of justice did not change. By hearing of cases violations of the procedural law, oversimplification, unreasonable suspension and adjournment of production were allowed. Supervising instances seldom react to the revealed shortcomings for the purpose of their prevention. Such activities of economic courts not completely meet the modern requirements.
In view of need of strengthening of legality for the economic relations, close interrelation of the processes happening in economy of the state with nature of the legal relationship considered in economic courts, the Plenum of Supreme Economic Court of the Republic of Belarus
1. Oblige all judges and employees of economic courts of the Republic of Belarus to eliminate the defects which are available in their activities for the purpose of quality assurance of the justice in the economic sphere meeting the requirements of time and the legislation.
2. Pay attention that economic courts shall enhance constantly the work, trying to obtain consideration of each case at the high professional level with the complex solution of all arising questions, acceptances of legal and reasonable court resolutions.
3. Demand from courts:
3.1. comprehensive and complete investigation of circumstances in connection with which the companies and state bodies address with claims, acceptances of all procedural measures for legal treatment of written and other proofs, including authentic documents of contractual, accounting, administrative and administrative nature of those parties whose legal relationship are considered on specific case;
3.2. in case of resolution of economic disputes concerning the property rights of the state as a part of joint-stock and other companies, banks, the exchanges, other market structures with common joint or equity property - to check legality of registration and use of share of state-owned property in non-state structures, legitimacy of its alienation for benefit of the third parties or leaving in the authorized capital of such structures in case of non-paid exit of the state from their structure;
3.3. in case of establishment of the facts of improper execution of the corresponding functions by representatives of the state to the conclusion and execution of agreements, transactions, making of other actions - to send messages on the revealed violations to the controlling and law enforcement agencies or through Supreme Economic Court of the Republic of Belarus - to Administration of the President of the Republic of Belarus and the Cabinet of Ministers of the Republic of Belarus;
3.4. take measures for recovery of legality and the violated rights in case of the dispute resolution in the field of the credit and monetary relations. For this purpose, in case of establishment of the facts of violation of the law when making interbank credit deals, loan granting to subjects of managing economic courts, proceeding from the facts of the case and the current legislation, shall recognize, along with compensation of damage, such transactions invalid, to give legal treatment to role of the third parties - guarantors and guarantors, to put before National Bank question of deprivation of banks of licenses, including on currency lending;
3.5. by hearing of cases in claims of state bodies, monitoring bodies, prosecutors and other persons concerning the termination of activities of subjects of managing, recognition of acts of their registration (re-registration) invalid - carefully to check compliance of constituent documents, authorized activities to requirements of the legislation. Pay attention to observance by the state registering bodies of the operating procedure for carrying out registration (re-registration).
4. To chairmen of economic courts and heads of the relevant structural divisions:
4.1. increase quality of planning and efficiency of analytical work on materials of cases, paying, in particular, special attention to such processes in economy as:
privatization and privatization;
protection and strengthening of provision of national producers of goods in the internal and external markets;
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