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

of February 13, 2004 No. 3

About results of work of economic courts of the Republic of Belarus for 2003 and tasks for 2004

Having discussed results of work of economic courts of the Republic of Belarus (further - economic courts) for 2003, and also the tasks set for 2004, the Plenum of Supreme Economic Court of the Republic of Belarus:

notes that economic courts in the accounting period directed the activities to increase in availability and quality of justice, timely hearing of cases, activation of execution of court resolutions and other executive documents, carried out work on the prevention of offenses in the field of business activity;

states that for the last five years the steady tendency of growth of number of appeals to economic courts of the republic of subjects of business activity behind protection of the violated the rights and legitimate interests remains.

So, in 2003 the total quantity of receipts of requests of subjects of business activity for protection of the violated the rights and legitimate interests in economic courts in comparison with 2002 increased by 21% and constituted 40475.

The structure of the arrived addresses looks as follows: actions for declaration constitute 83%, statements for economic insolvency (bankruptcy) - 3%, materials about the economic offenses attracting confiscation of property - 4%, statements according to the procedure of mandative production - 10%.

Increase in number of addresses is observed in all economic courts of the republic. The largest growth in comparison with last year is noted in Supreme Economic Court of the Republic of Belarus - for 48%, economic court of Minsk on - 37%, economic court of the Vitebsk region on - 31%. Total amount of the requirements for all appeals to economic courts declared to collection exceeded 1 trillion rubles (240, 4 billion rubles - according to statements for initiation of mandative production; 742, 9 billion rubles - according to the procedure of claim production; 23, 5 billion rubles - on materials about the economic offenses attracting confiscation of property).

The state fee paid according to statements for issue of determination for the writ, according to claim and other statements, according to cassation and supervising claims constituted 16, 93 billion rubles.

In 2003 with exceeding of the term established by the legislation 299 cases are considered that constitutes less than 1% of total quantity. However increase in such cases is noted in all economic courts of the republic, but their greatest number is noted in economic courts of Minsk, the Minsk and Mogilev regions where the highest loading is observed.

In 2003 in economic courts 1191 statements for economic insolvency (bankruptcy) arrived that is 18% less, than in 2002 from which 791 it is accepted to production.

In reporting year production is complete to about 758 cases on economic insolvency (bankruptcy) that constituted 31% of all considered non-property disputes.

From total quantity of complete productions on cases: on 700zaversheno liquidating production, on 2 - sanitation is complete, in 10 - the voluntary settlement is signed, 46 - it is complete on other bases.

About work of cassation instances of economic courts in 2003 follows from the analysis of statistical data that the tendency to reduction of number of addresses with writs of appeal (protests) in comparison with the same period of 2002 which constituted 4% was planned.

The number of claims (representations, petitions) which arrived in board of Supreme Economic Court of the Republic of Belarus on check of legality of decisions of economic courts increased in comparison with the last accounting period by 29% and made 788 claims. By results of consideration of 512 claims by officials of Supreme Economic Court of the Republic of Belarus 171 protests in the relevant supervising authorities of economic courts were brought, i.e. in 33% of cases or on everyone thirds the protest is brought to the considered claim.

The service of legal executives (further - Service) provided collection on the adopted court resolutions and other executive documents on the amount 144, to 7 million dollars (in equivalent) that is nearly 40% more, than last year. On average each legal executive of Service in 2003 exacts 1, 8 million dollars that is 510 thousand dollars more, than in 2002.

In 2003 for the purpose of assistance to strengthening of legality and to the prevention of offenses in the field of economic activity by results of consideration of disputes and identification in judicial session of violations of the law by economic courts to the organizations and officials 245 private determinations from which the response to 188 private determinations (% 76,7) is received are directed.

The quantity read, in comparison with 2002, employees of economic courts of lectures and reports increased from 593 to 663, the number of the held seminars increased with 141 to 232.

There was increase in number of field judicial sessions (from 236 to 259) in which 317 cases are considered. In the same period of last year in field meetings 278 cases were considered.

The plenum considers that despite some improvement of quality of work of economic courts in 2003, in their activities there are omissions and mistakes in justice implementation, promotion of the economic legislation, in interaction with the state and other bodies.

For the purpose of remedial action in activities of economic courts and further increase in level of justice the Plenum of Supreme Economic Court of the Republic of Belarus, being guided by articles 14-16 of the Law of the Republic of Belarus of December 9, 1998 "About economic courts in the Republic of Belarus" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1999, No. 2, art. 32),

DECIDES:

1. Draw the attention of chairmen of economic courts, their deputies and judges to the available shortcomings and mistakes of activities of economic courts, and also other omissions influencing quality of implementation of justice and to oblige to take exhaustive measures for ensuring the correct and timely permission of economic (economic) disputes. To systematically carry out job analysis of economic courts on elimination of noted shortcomings, submitting the report on accomplishment of this specifying to Supreme Economic Court of the Republic of Belarus.

Responsible: vice-chairmen of Supreme Economic Court of the Republic of Belarus, chairmen of economic courts of areas and Minsk; term - quarterly.

2. To chairmen of economic courts:

increase insistence to judges and specialists in accomplishment of work plans of economic courts, orders and instructions of Supreme Economic Court of the Republic of Belarus.

About the non-execution reasons, the taken response measures to inform the vice-chairman of the Supreme Economic Court of the Republic of Belarus supervising the specific order after the term provided for accomplishment of this task;

provide respect for quality and terms of hearing of cases in the first, cassation and supervising instances, to try to obtain reducing miscarriages of justice due to acceptance of drastic measures on increase in professional level of judges and specialists, ensuring system control of respect for unity of court practice, eradication of cases of unreasonable suspension of production on cases;

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