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The document ceased to be valid since March 26, 2015 according to Item 2 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of March 26, 2015 No. 3.

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

of March 25, 2004 No. 1/5

About regulations of joint sittings of the Plenum of the Supreme Court of the Republic of Belarus and the Plenum of Supreme Economic Court of the Republic of Belarus

Plenum of the Supreme Court of the Republic of Belarus and Plenum of Supreme Economic Court of the Republic of Belarus, being guided by Articles 48, 49 Laws of the Republic of Belarus of January 13, 1995 "About judicial system and the status of judges in the Republic of Belarus" (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1995, No. 11, Art. 120; The National register of legal acts of the Republic of Belarus, 2002, No. 128, 2/894) and 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, the Art. 32),

DECIDE:

Approve the enclosed Regulations of joint sittings of the Plenum of the Supreme Court of the Republic of Belarus and the Plenum of Supreme Economic Court of the Republic of Belarus.

 

Chairman of the Supreme Court

Republic of Belarus

 

V. O. Sukalo

Chairman of the Highest Economic

Vessels of the Republic of Belarus

 

V. S. Kamenkov

Secretary Plenuma, judge Verkhovnogo

Vessels of the Republic of Belarus

 

I. N. Minets

Secretary Plenuma, judge of the Highest

Economic court

Republic of Belarus

 

 

V. V. Zhandarov

Approved by the Resolution of the Plenum of the Supreme Court of the Republic of Belarus and the Plenum of Supreme Economic Court of the Republic of Belarus of March 25, 2004, No. 1/5

Regulations of joint sittings of the Plenum of the Supreme Court of the Republic of Belarus and Plenum of Supreme Economic Court of the Republic of Belarus

These Regulations determine procedure for convocation and carrying out joint sittings of the Plenum of the Supreme Court of the Republic of Belarus and the Plenum of Supreme Economic Court of the Republic of Belarus (daleesovmestny meetings of Plenums, Courts), acceptances by Plenums of the relevant resolutions, introduction of changes in them and amendments, recognition their invalid.

1. General provisions

1.1. Joint sittings of Plenums are held for the purpose of: increases in availability to justice;

increases in efficiency of judicial protection of the rights and legitimate interests of legal entities and physical persons;

ensuring uniform application of the legislation in case of permission Courts of cases;

establishments of uniform court practice on separate categories of the cases considered by Courts according to their jurisdiction;

differentiations of jurisdiction of cases between Courts;

dachas to Courts according to the procedure of judicial interpretation of explanations concerning application of the legislation in the field of the relations affecting their competence;

solutions of questions of joint appeals of Courts in the Constitutional Court of the Republic of Belarus about check of constitutionality of the laws, other regulatory legal acts;

solutions of other questions directed to interaction between Courts.

1.2. Joint sittings of Plenums are held at the initiative of Chairmen of the courts and on reaching the preliminary arrangement between them on content of the question submitted for meeting, date, time and the place of its carrying out.

1.3. The agreed issues affirm as each Court in the general procedure provided for convocation of the Plenum of this Court. Issues of statement of the co-reporter from the relevant Court and structure of the working group of this Court created for studying of the question submitted for joint sitting of Plenums and for preparation of the draft of the resolution of Plenums are at the same time resolved.

1.4. The Chairman of the Constitutional Court of the Republic of Belarus, the Attorney-General of the Republic of Belarus, the Minister of Justice of the Republic of Belarus or their deputies can participate in meetings of Plenums.

By the invitation of Chairmen of the Supreme Court of the Republic of Belarus and Supreme Economic Court of the Republic of Belarus members of Scientific and advisory councils under these Courts, representatives of state bodies, legal entities and public associations, and also representatives of mass media can also participate in meetings.

2. Procedure for preparation of drafts of resolutions

2.1. Preparation of materials for joint sitting of Plenums is carried out by the general working group consisting of the working groups of two Courts, at least 3 people from each Court.

Chairmen of working groups of Courts are cochairmen of general working group, they serially preside over its meetings.

2.2. Cochairmen of general working group by agreement have among themselves the right to involve in development of the studied questions of judges of the Courts which are not members of general working group, members of Scientific and advisory councils under Courts, other specialists.

2.3. Distribution between the working groups of Courts of specific obligations and amounts of work on studying of the question submitted for joint sitting of Plenums, preparation of the draft of the resolution of Plenums and other work materials is carried out by the solution of general working group.

2.4. If the question submitted for joint sitting of Plenums, and the draft of the relevant resolution of Plenums were prepared by one of Courts, completion of the materials provided to general working group is carried out according to the procedure, provided by these Regulations.

2.5. The general working group builds all the activities on the basis of search and achievement of the single mutually acceptable solution of the discussed problems.

The decision is made by open voting and deemed accepted if most of the members of general working group who were present at meeting voted for it.

2.6. In case of detection of different opinions on matters of principle discussion and vote are carried out in the working groups of Courts.

If the working groups of Courts on the same question make different decisions, both offered formulations join in the draft of the document prepared by general working group.

2.7. The prepared and accepted documents are made in duplicate, vised by cochairmen of general working group, transferred to Courts where are replicated and distributed to members of the Plenum of each Court in accordance with the established procedure.

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