of May 31, 2007 No. 9
About application of the Economic Procedure Code of the Republic of Belarus in case of review of court decrees according to the procedure of supervision
Plenum of Supreme Economic Court of the Republic of Belarus, being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, having considered materials of generalization of court practice and legal statistics on supervising production, for the purpose of uniform application of the procedural legislation in case of review of court decrees according to the procedure of supervision decided to accept the following resolution.
1. Review of court decrees according to the procedure of supervision is exclusive stage of economic process for which characteristics of initiation of supervising production, considerations of the claim according to the procedure of supervision (representation, the petition) on the court decrees which took legal effect and bringing of protest according to the procedure of supervision, and also the legal proceedings in economic court of supervising instance.
2. According to part one of Article 303 of the Economic Procedure Code of the Republic of Belarus (further - HPK) the right to submission of the claim according to the procedure of supervision to the court decrees of economic courts which took legal effect is had as persons participating in case and persons whose rights and legitimate interests are violated by the court decree issued on case.
With respect thereto it must be kept in mind that persons who are not participating in case whose rights and legitimate interests are violated by the court decree have the right to get acquainted with case papers based on the written application containing specifying on file number and acceptance date of the court decree, and also on the rights and legitimate interests which are violated by the court decree which took legal effect.
3. According to part two of article 300 HPK the claim according to the procedure of supervision (further - the complaint) can be made about the court decree to persons having the right of bringing of protest, in time no more than one year from the date of the introduction in legal force of the court decree.
Submission due date of the claim is estimated from the date of the introduction of the court decree in legal force which is determined by rules, stipulated in Article 204, by Article part five 281, Article part five 298, part five of article 318 HPK.
Submission due date of the claim is estimated:
on the court decree by which the dispute (case) is resolved in essence, not cancelled (not changed) by the subsequent court decrees, – from the date of its introduction in legal force;
on the court decree about cancellation (change) of the court decree by which the dispute (case) is resolved in essence, – from the date of its introduction in legal force.
4. The claim on form and content shall conform to requirements of article 304 HPK.
The representative of person making the complaint having the right it to sign on behalf of represented under condition if such special power as signing of the claim according to the procedure of supervision (article 79 HPK), is provided in the power of attorney issued represented in the procedure established by the legislation.
The claim goes directly to the official having the right of bringing of protest. If person making the complaint already addressed the officials specified in article 301 HPK, this circumstance shall be reflected in repeatedly submitted claim. The repeated claim shall contain data on results of consideration of the initial claim.
If the complaint is made with the omission of fixed term and contains request for its recovery, the issue of recovery of term on its giving is resolved by persons having the right of bringing of protest according to the procedure of supervision.
At the same time, as appears from Article part two 300, of part six of article 308 HPK, the passed term on submission of the claim can be recovered in cases when the appealed court decree interferes with adoption of the legal decision on another matter or violates the rights and legitimate interests of the uncertain group of people or other public interests and if the official having the right of bringing of protest according to the procedure of supervision recognizes the reason of the omission of submission due date of the claim valid.
About recovery of term it is specified submission of the claim in protest of the official who brought protest according to the procedure of supervision.
The refusal in recovery of term on submission of the claim is one of the bases for decision making about refusal in reclamation of case and bringing of protest (part six of article 308 HPK) which is stated in the form of the letter of the official having the right of bringing of protest according to the procedure of supervision.
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