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ECONOMIC PROCEDURE CODE OF THE REPUBLIC OF BELARUS

of December 15, 1998 No. 219-Z

(as amended on 06-01-2021)

Accepted by the House of Representatives on November 11, 1998

Approved by Council of the Republic on November 26, 1998

Section I. General provisions

Chapter 1. Basic provisions

Article 1. The main terms and their determinations used in this Code

If other does not follow from the text or content of this Code, the terms applied in him have the following value:

close relatives are the parents, children, adoptive parents adopted brothers and sisters, the grandfather, the grandma, grandsons;

the citizen – the physical person who is not the individual entrepreneur including the foreign citizen and the stateless person;

the individual entrepreneur – the physical person performing business activity without formation of legal entity and registered in accordance with the established procedure;

the foreign person – the foreign organizations, the international organizations, foreign citizens, stateless persons performing business and other economic (economic) activity;

the brief protocol, the protocol – court documents in which with observance of the procedure established by this Code are fixed the production fact on economic case, content and results of legal proceedings;

the determination obstructing further traffic of case – determination of the court considering economic cases about suit abatement, including in case of approval of the voluntary settlement; about leaving of the action for declaration (the statement, the claim) without consideration; about refusal in adoption of the action for declaration (the statement, the claim) and other determinations which are taken out in the cases provided by this Code and other legal acts;

jurisdiction – differentiation of competence according to the dispute resolution and hearing of cases between the Constitutional Court of the Republic of Belarus, courts of law, the international Arbitration (arbitration) Courts, reference tribunals, other permanent arbitration bodies, bodies for permission of employment disputes and hearing of cases, other bodies and the organizations;

cognizance – relevancy put, subordinated to court of law, to maintaining the court considering economic cases, the first instance;

the court order, considering economic cases, – the court decree, other court resolution published by the vessels considering economic cases, judges of the court considering economic cases;

the conciliator – person designated by the court considering economic cases according to this Code for negotiation between the parties in the conciliatory procedure in the court considering economic cases;

the conciliatory procedure – the mediation which is carried out according to this Code after initiation of proceeedings in the court considering economic cases;

the prosecutor is the Attorney-General and all subordinates to him the prosecutors, their deputies, senior assistants and assistants, the senior prosecutors and prosecutors of head departments, managements and departments acting within the competence;

the conciliation agreement – the mediativny agreement signed by the parties by results of holding conciliatory procedure in the court considering economic cases;

structure of the court considering economic cases – the judge (judges) of the court considering economic cases, the resolving dispute considering specific case;

the court considering economic cases – the Supreme Court of the Republic of Belarus, economic courts of areas (city of Minsk);

the court decree – the decision, the resolution, determination of the court considering economic cases which are taken out within legal proceedings in the court considering economic cases;

the judge of the court considering economic cases, – person appointed to judgeship of the court considering economic cases, according to the legislation and given according to the Constitution of the Republic of Belarus authority on implementation of justice in the field of business and other economic (economic) activity;

economic (economic) dispute – the dispute arising when implementing business and other economic (economic) activity;

economic cases – claim cases (on the economic (economic) disputes following from civil, land, financial and other legal relationship), the cases arising from administrative and other public legal relationship, case on establishment of the facts having legal value (dispositive facts), cases of mandative production, other cases in the cases provided by legal acts.

Article 2. Implementation of justice in the field of business and other economic (economic) activity

Justice in the field of business and other economic (economic) activity is performed by the court considering economic cases by the rules established by the legislation on legal proceedings in the courts considering economic cases by permission of the economic (economic) disputes arising from civil, administrative, land, financial and other public legal relationship, and consideration of other cases referred to their competence by this Code and other legal acts.

Article 3. The legal proceedings purposes in the courts considering economic
cases

The legal proceedings purposes in the courts considering economic cases are:

providing the legal dispute resolution, arising when implementing business and other economic (economic) activity, in perhaps short terms in the limits set by legal acts;

fair legal proceedings by competent, independent and just trial.

Article 4. Legal proceedings tasks in courts, considering economic
cases

Legal proceedings tasks in the courts considering economic cases are:

put the correct and timely consideration by the courts considering economic cases;

protection of the violated or disputed rights and legitimate interests of legal entities, individual entrepreneurs, and also the rights and legitimate interests of the Republic of Belarus, administrative and territorial units of the Republic of Belarus, state bodies, local authorities and self-government, other bodies and officials in the specified sphere, and in the cases provided by legal acts - the organizations, not being legal entities, and citizens;

assistance to strengthening of legality and to the prevention of offenses in the field of business and other economic (economic) activity;

assistance to formation and enhancement of partner business relations, to achievement of conciliation of the parties, forming of customs and ethics of business conduct;

strengthening of the authority of judicial authority.

Article 5. The legislation on legal proceedings in the courts considering economic cases

Legal proceedings in the courts considering economic cases are regulated by the Constitution of the Republic of Belarus, this Code, the laws, decrees and presidential decrees of the Republic of Belarus, and also international treaties of the Republic of Belarus.

Legal proceedings in the courts considering economic cases are conducted by the legislation existing during the dispute resolution, consideration of the case, making of separate legal proceedings.

Article 6. The right to appeal to the court, considering economic
cases

In the court considering economic cases, for the purpose of protection of the violated or disputed rights and legitimate interests according to the procedure, established by this Code having the right to address:

legal entities;

individual entrepreneurs;

the organizations, not being legal entities (including groups of workers), - in the cases provided by legal acts;

citizens - in the cases provided by legal acts.

The right to appeal to the court, considering economic cases, for the purpose of protection of the state and public concerns, and also interests of persons specified in part one of this Article in the cases provided by legal acts the prosecutor, state bodies, local authorities and self-government have, other bodies.

If legal acts for certain category of disputes or the agreement establish pre-judicial procedure for dispute settlement, the dispute can be submitted the court considering economic cases, only on condition of observance of such procedure, except as specified, provided by part four of this Article.

Persons specified in part two of this Article have the right to appeal to the court, considering economic cases, without observance of pre-judicial procedure for dispute settlement.

Article 7. Forms of appeal to the court, considering economic
cases

Appeal to the court, considering economic cases, is performed in shape:

the action for declaration – on the economic (economic) disputes and other questions arising from civil legal relationship;

statements – on the disputes and cases arising from administrative and other public legal relationship and also on cases on economic insolvency (bankruptcy); about establishment of the facts having legal value (dispositive facts); about initiation of mandative production; about recognition invalid resolutions; about reconsideration of the case on newly discovered facts; about issue of the executive document for forced execution of the decision of the international Arbitration (arbitration) Court, reference tribunal, other permanent arbitration body, being in the territory of the Republic of Belarus; about issue of the executive document for forced execution of the mediativny agreement, international mediativny agreement; about recognition and carrying out of decisions of the courts of the foreign states made by them on the disputes and other cases connected with implementation of business and other economic (economic) activity (further – the foreign judgment), and decisions of the foreign international Arbitration (arbitration) vessels made by them in the territories of foreign states on the disputes and other cases connected with implementation of business and other economic (economic) activity (further – the foreign arbitral decision);

claims (appeal, cassation, according to the procedure of supervision, etc.) – in the cases provided by this Code and other legal acts;

protest – in the cases provided by this Code and other legal acts;

petitions (about the introduction in case in quality of the third parties; about providing the claim; about making of other legal proceedings; about consideration of the case according to the procedure of claim production, etc.) – in the cases provided by this Code;

ideas of reconsideration of the case on newly discovered facts;

in other forms provided by legal acts.

The address in the forms specified in part one of this Article can be filed a lawsuit, considering economic cases, in electronic form according to the procedure, established by the legislation.

Article 8. Methods of judicial protection

The court considering economic cases within the competence and cognizance performs protection of the rights and legitimate interests of participants of civil, administrative and other legal relationship by the methods provided by the Constitution of the Republic of Belarus, this Code, the Civil code of the Republic of Belarus and other legal acts.

Article 9. Court decrees

The court considering economic cases accepts court decrees in the form of the decision, resolutions, determinations of the court considering economic cases.

The court decree accepted by the court considering economic cases, the first instance in case of substantive prosecution hereinafter is referred to as as the judgment, considering economic cases.

The court decrees accepted by the court considering economic cases, appeal, cassation and supervising instances by results of consideration appeal, writs of appeal (protests) and protests according to the procedure of supervision hereinafter are referred to as as court orders, considering economic cases.

Other court decrees accepted during conducting legal proceedings hereinafter are referred to as as determinations of the court considering economic cases.

Court decrees shall be legal and reasonable.

Chapter 2. The basic principles of legal proceedings in the court considering economic
cases

Article 10. Justice implementation only the court considering economic cases

Justice on economic cases is performed only by court.

Cases are considered by the judges of the court considering economic cases, appointed according to the procedure, established by legal acts.

Article 11. Joint and individual hearing of cases

Cases in the court considering economic cases are considered as it is joint, and solely.

The courts considering economic cases of appeal, cassation and supervising instances consider cases jointly.

The procedure for joint and individual hearing of cases in the court considering economic cases, the first instance is established by this Code.

Article 12. Independence of judges of the court considering economic cases

When implementing justice of the judge of the court considering economic cases are independent and submit only to the law.

Any intervention in activities of judges of the court considering economic cases on justice implementation inadmissibly also attracts the responsibility established by the law.

Guarantees of independence of judges of the court considering economic cases are established by the Constitution of the Republic of Belarus and legal acts.

Article 13. Procedural economy

The court considering economic cases carries out legal proceedings tasks in the court considering economic cases in perhaps short terms in the limits set by legal acts.

Article 14. Legality of legal proceedings in the court considering economic cases

Legality of legal proceedings in the court considering economic cases is provided with the correct application of the laws and other regulatory legal acts, and also observance by judges of the court considering economic cases, the rules established by legal acts for legal proceedings in the courts considering economic cases.

Article 15. Equality before the law and the court considering economic cases

Persons participating in case when implementing justice by the court considering economic cases are equal before the law and court, considering economic cases.

The court considering economic cases provides equal judicial protection of the rights and legitimate interests of all persons participating in case.

Article 16. Explanation of procedural law and procedural obligations

The court considering economic cases explains to participants of legal proceedings in the court considering economic cases, their procedural law and procedural obligations, and also procedural effects of refusal of realization of such rights and improper execution of such obligations.

Article 17. Respect of advantage of the personality

The court considering economic cases, and also all participants of legal proceedings in the court considering economic cases shall respect advantage of each other.

Article 18. Equality and conscientiousness of the parties

Legal proceedings in the court considering economic cases are performed on the basis of equality of participants.

The parties in judicial session have the equal rights on reasons for the requirements and objections, production of evidence in their confirmation, to making of other legal proceedings provided by this Code and other legal acts for legal proceedings in the courts considering economic cases.

The court considering economic cases shall provide observance provided by this Code and other legal acts for legal proceedings in the courts considering economic cases, procedural forms of protection of the rights and legitimate interests of the parties. The court has no right to put the actions any of the parties in position of priority, as well as to diminish its rights.

In dispute among themselves the parties shall have honesty the procedural law belonging to them and fulfill procedural duties. Each participant of legal proceedings is recognized fair the court considering economic cases, until proved otherwise.

Article 19. Competitiveness

Legal proceedings in the court considering economic cases are performed on the basis of competitiveness.

Persons participating in case shall prove the requirements and objections.

Persons participating in case, the having the right nobility about each other arguments prior to legal proceedings. The right to bring proofs into the court considering economic cases and other party litigant is guaranteed to each person participating in case, and also the right to declare petitions, to express the opinions and arguments, to give explanations on all questions arising during consideration of the case connected with production of evidence is provided. Persons participating in case bear risk of approach of effects of making or non-execution of legal proceedings by them.

The court considering economic cases, keeping independence, objectivity and impartiality, performs management of legal procedure, creates to persons participating in case, conditions for production of evidence, active participation in their research and comparison, in establishment of the actual circumstances, and also for the correct application of the laws and other regulatory legal acts when considering the case.

Article 20. Legal proceedings language in the court considering economic cases

Legal proceedings in the court considering economic cases are conducted in the Belarusian and (or) Russian languages.

The right to get acquainted with case papers, to participate in legal proceedings through the translator, and also to appear in the court considering economic cases in language which they know is provided to the persons who are participating in case, not knowing or insufficiently knowing legal proceedings language. In these cases specified persons have the right to use on a grant basis translation service according to the procedure, established by the legislation.

Court documents (their copy) which the court considering economic cases according to the legislation on legal proceedings in the courts considering economic cases shall direct or hand to persons participating in case shall be constituted in legal proceedings language in the court considering economic cases.

Article 21. Publicity of trial put

Trial of case in the courts considering economic cases, open.

Trial of case in the closed judicial session is allowed if open trial can lead to disclosure of the data constituting the state secrets or other secret protected by the law, containing in case papers including in case of satisfaction with the court considering economic cases, petitions of the person participating in case and referring to need of nondisclosure of such data or to other circumstances interfering open trial.

At trial of case in the closed judicial session there are persons participating in case, their representatives, and at necessary cases - witnesses, experts, specialists and translators.

About trial of case in the closed judicial session motivated determination is taken out.

Trial of case in the closed judicial session is conducted with observance of rules of practice in the court considering economic cases and taking into account the features provided by legal acts for the state secrets.

The substantive provisions of the court decree always appear publicly.

Article 22. Right to legal aid

In legal proceedings in the court considering economic cases, the legal entities, individual entrepreneurs, the organizations who are not legal entities and citizens have the right to use legal aid of lawyers and other representatives for the purpose of protection of the violated or disputed rights and legitimate interests.

Article 23. Dispositivity

Persons participating in case have the right to dispose freely of the substantive and procedural law belonging to them, without violating at the same time the rights and legitimate interests of other persons and the state.

Cases in legal proceedings in the court considering economic cases are initiated only according to actions for declaration, statements, claims, protests, ideas of reconsideration of the case on newly discovered facts and petitions of interested persons and are considered only concerning the declared requirements, except as specified, provided by this Code and other legal acts.

Article 24. Spontaneity of legal proceedings

The court considering economic cases in case of trial of case shall research directly all proofs on case.

Brought into the court considering economic cases, proofs which were not object of research in judicial session cannot be the basis for the accepted court decree if other is directly not provided by this Code and other legal acts for legal proceedings in the courts considering economic cases.

Article 25. The regulatory legal acts applied in case of permission of economic (economic) disputes and consideration of other cases

The court considering economic cases resolves disputes and considers other cases based on acts of the legislation.

The court considering economic cases, having established when considering the case discrepancy of the act of state body, body of local authority and self-government of the Constitution of the Republic of Belarus or to other legal acts, including its edition with abuse of authority, makes the decision according to the precepts of law having big legal force and puts before Presidium or the Plenum of the Supreme Court of the Republic of Belarus question of the address to the Constitutional Court of the Republic of Belarus for the purpose of recognition of the corresponding regulatory legal act unconstitutional or takes measures for recognition of the substandard legal act invalid.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in the legal act then are applied rules of the international treaty of the Republic of Belarus.

The rules established in the international treaties of the Republic of Belarus which did not become effective can be applied by the courts considering economic cases, the Republic of Belarus according to the procedure, established by the legislation on international treaties of the Republic of Belarus.

In case of lack of the regulations of the legislation regulating disputable legal relationship, the court considering economic cases applies those regulations of the legislation which govern the similar relations (analogy of the law), and in the absence of such regulations - considers case proceeding from the general beginnings and sense of the legislation (analogy is right).

The court considering economic cases according to the legislation, the international treaty of the Republic of Belarus, the agreement of the parties signed according to them applies rules of law of other states. This rule does not affect action of peremptory rules of the legislation which application is regulated by the Section VII of the Civil code of the Republic of Belarus.

Article 26. Application of regulations of foreign law and (or) the customs used in international trade

In case of application of foreign law the court considering economic cases establishes existence and content of its regulations according to their official interpretation, practice of application and the doctrine in the corresponding foreign state.

The courts considering economic cases according to the legislation apply customs (the rule of conduct which developed and widely applied in any field of business activity, not stipulated by the legislation irrespective of whether it is fixed in any document) about which the parties knew or shall know and which in international trade are widely known and are constantly observed by the parties in agreements of this sort in the respective area of trade. The customs contradicting provisions of the legislation or the agreement, obligatory for participants of the corresponding relation, are not applied.

For the purpose of establishment of existence and content of regulations of foreign law and (or) customs the court considering the economic cases having the right to address for assistance and explanation in competent authorities and the organizations in the Republic of Belarus outside the Republic of Belarus or to involve specialists.

Persons participating in the case having the right to submit the documents confirming existence and content of regulations of foreign law and (or) customs to which they refer for reasons for the requirements and objections and otherwise to assist the court considering economic cases in establishment of existence and content of such regulations.

According to the requirements connected with implementation of business activity by the parties, the court considering the economic cases having the right to assign obligation of proof of existence and content of regulations of foreign law and (or) customs to the parties.

When obtaining by the court considering economic cases from competent authorities, the organizations or from specialists of copies of the corresponding regulatory legal acts which are properly certified and translated into legal proceedings language in the court considering economic cases, and in other cases provided by this Code, existence and content of regulations of foreign law and (or) customs are considered as established.

If existence and (or) content of regulations of foreign law and (or) customs, despite the measures taken according to this Article, are not established, the court considering economic cases applies the relevant standards of the right of the Republic of Belarus.

Article 27. Obligation of court decrees and judicial addresses

The court decrees which took legal effect are obligatory for all state bodies, local authorities and self-government, other bodies, legal entities, the organizations who are not legal entities of officials, individual entrepreneurs and citizens and are subject to strict execution in all territory of the Republic of Belarus.

Legal orders, requirements, orders, challenges and other judicial addresses are obligatory for all persons to whom they are addressed.

Non-execution of court decrees, and is equal other disrespect for the court considering economic cases, involve the responsibility established by legal acts.

Obligation of the court decree does not deprive of the interested persons who were not participating in case, opportunity to take a legal action, considering economic cases, for the purpose of protection of the violated or disputed rights and legitimate interests.

Obligation in the territory of the Republic of Belarus of court decrees of courts of foreign states, the international Arbitration (arbitration) Courts, reference tribunals, other permanent arbitration bodies is determined by legal acts and international treaties of the Republic of Belarus.

Article 28. Judicial supervision

The Supreme Court of the Republic of Belarus exercises judicial supervision behind legality of court decrees according to the procedure, established by this Code.

Chapter 3. Structure of the court considering economic cases.
The court session secretary – the assistant judge

Article 29. Structure of the court considering economic cases

The structure of the court considering economic cases is created taking into account loading and specialization of judges of the court considering economic cases, according to the procedure, excluding influence on its forming of persons interested in the outcome of the case.

The courts considering economic cases of the first instance consider cases as in joint structure, and solely.

According to the decision of the chairman of justices considering economic cases or his deputy case can be considered by the court considering economic cases in joint structure about what determination is taken out.

The chairman of justices, considering economic cases, or his deputy has the right to replace the judge (judges) of the court considering economic cases in case of its long absence. About replacement of the judge (judges) determination is taken out. After replacement of the judge (judges) consideration of the case is made at first.

The courts considering economic cases of appeal, cassation and supervising instances consider cases in joint structure.

When considering the case by the court considering economic cases in joint structure at least three shall enter it (odd quantity) judges of the court considering economic cases, one of which is chairman.

The judge presiding in joint structure is appointed the chairman of justices, considering economic cases, or his deputy.

Judges of the court considering economic cases when considering the case have the equal rights.

The judge of the court considering economic cases in case of individual consideration of the case or the solution of other questions of process acts on behalf of the court considering economic cases.

Article 30. Procedure for the solution of questions the court considering economic cases

In case of individual consideration of the case on the first instance the questions arising during legal proceedings are solved the judge of the court considering economic cases, solely.

When considering the case by the court considering economic cases in joint structure the questions arising during legal proceedings are solved judges of the court considering economic cases, by a majority vote. None of judges have no right to abstain from vote. The judge presiding in judicial session votes the last.

Article 31. Special opinion of the judge of the court considering economic cases

When considering the case by the court considering economic cases in joint structure the judge of the court considering economic cases, not concordant with the solution of the majority shall sign the issued court decree and has the right to state the special opinion without mark about it in the signed court resolution. The special opinion is stated in writing and signed by the judge of the court considering economic cases along with signing of the court decree.

The special opinion of the judge of the court considering economic cases is filed, but does not appear to persons participating in case.

Article 32. Inadmissibility of repeated participation of the judge of the court considering economic cases in consideration of the case

The judge of the court which is considering economic cases, who was involved in consideration of the case in the court considering economic cases, the first instance cannot participate in consideration of this case in the courts considering economic cases, appeal, cassation and supervising instances.

The judge of the court which is considering economic cases, who was involved in consideration of the case in the court considering economic cases, appellate instance cannot participate in consideration of this case in the courts considering economic cases, the first, cassation and supervising instances.

The judge of the court which is considering economic cases, who was involved in consideration of the case in the court considering economic cases, cassation instance cannot participate in consideration of this case in the courts considering economic cases, the first and appeal instances.

The judge of the court which is considering economic cases, who was involved in consideration of the case in the court considering economic cases, supervising instance, except for the Plenum of the Supreme Court of the Republic of Belarus cannot participate in consideration of this case in the courts considering economic cases, the first and appeal instances.

Article 33. The court session secretary - the assistant judge

The court session secretary – the assistant judge at the request of the judge of the court considering economic cases performs the following operations necessary for preparation of case for consideration and its considerations in judicial session:

informs participants of economic process on time and the venue of legal proceedings and checks their appearance in court;

finds out the reasons of absence of participants of economic process and reports on them on the judge;

provides use of means zvuko-or videos for fixation of the course of judicial session or making of separate legal proceeding of court out of meeting and creation of the brief protocol, protocol;

carries out the orders of the judge connected with preparation and carrying out judicial session.

The court session secretary – the assistant judge renders to the judge of the court considering economic cases, the help in realization of the rights granted to it and execution of the obligations assigned to it. The court session secretary – the assistant judge at the request of the judge of the court considering economic cases performs the separate operations which are not connected with adoption of court decrees and also other organizational and administrative actions.

Chapter 4. Branches

Article 34. The bases for removal of the judge of the court considering economic cases

The judge of the court considering economic cases cannot be involved in consideration of the case and shall declare rejection if:

is close relative any of persons participating in case, their representatives and if person participating in case is the legal entity, - the close relative of officials of this legal entity, his founders (participants), owners;

by the previous consideration of this case participated in it as the judge and his repeated participation in consideration of the case according to requirements of this Code is inadmissible;

by the previous consideration of this case participated in it as the court session secretary - the assistant judge, the expert, the translator, the prosecutor, the representative of one of the parties or the witness;

by the previous consideration of this case participated in it as the judge of foreign court, the international Arbitration (arbitration) Court, reference tribunal, other permanent arbitration body;

personally it is directly or indirectly interested in the outcome of the case or there are other circumstances which can raise doubts in its objectivity and impartiality.

The faces consisting in relationship among themselves cannot enter into structure of the court considering economic cases, considering case.

If the judge of the court considering economic cases did not declare rejection in the presence of the bases provided by this Article, branch can be declared by persons participating in case.

Article 35. The bases for removal of the prosecutor, the expert, the specialist, the translator and the court session secretary - the assistant judge

The prosecutor, the expert, the specialist, the translator and the court session secretary - the assistant judge cannot be involved in consideration of the case and shall declare rejection on the bases, stipulated in Article 34 of this Code.

The bases for removal of the expert or the specialist are their job or other dependency from persons participating in case or their representatives at the time of consideration of the case or in the past or conducting check by them which materials formed the basis or reason for appeal to the court, considering economic cases, or are used by consideration of this case.

Participation of the prosecutor, the expert, the specialist, translator and court session secretary - the assistant judge by the previous consideration of this case in quality according to the prosecutor, the expert, the specialist, the translator and the court session secretary - the assistant judge is not the basis for their branch or rejection.

If the prosecutor, the expert, the specialist, the translator or the court session secretary - the assistant judge did not declare rejection in the presence of the bases provided by this Article, branch can be declared by persons participating in case.

Article 36. Statement of rejection or branch

Rejection or branch shall be motivated and declared prior to substantive prosecution.

During consideration of the case the statement of rejection or branch is allowed only when the bases of rejection or branch became known to the court considering economic cases or person declaring rejection or branch after the beginning of consideration of the case.

Rejection or branch are declared in the court considering economic cases, in writing with indication of the bases for rejection or branch and reduction of necessary reasons.

Repeated branch on the same bases cannot be declared by the same person.

Article 37. Procedure for permission of the declared rejection or branch

In case of the statement of rejection or branch the court considering economic cases hears opinions of persons participating in case and also faces which declared rejection or to which branch is declared if taken away wishes to offer explanations.

The question of removal of the judge of the court considering economic cases, considering case solely is solved the chairman of justices, considering economic cases, or his deputy.

When considering the case by the court considering economic cases in joint structure the question of removal of the judge of the court considering economic cases is solved the joint structure of the court considering economic cases, considering case in the absence of the judge who declared rejection or to whom branch is declared. In case of equal poll, given for branch and against branch, the judge of the court considering economic cases is considered taken away.

The question of the branch declared to several judges of the court considering economic cases or to all joint structure of the court considering economic cases, considering case is solved the chairman of justices, considering economic cases, or his deputy.

The judge of the court considering economic cases, the declared rejection can be replaced by other judge of the court considering economic cases, according to the procedure, established by this Code.

The question of satisfaction of rejection or removal of the prosecutor, the expert, the specialist, the translator and the court session secretary – the assistant judge is solved the structure of the court considering economic cases, considering case.

By results of consideration of questions of rejection or about branch determination is taken out.

Article 38. Effects of allowance of the application of rejection or removal of the judge of the court considering economic cases

In case of rejection or removal of the judge of the court considering economic cases, several judges of the court considering economic cases or all structure of the court considering economic cases, case is considered in the same court considering economic cases, other list of judges.

If as a result of satisfaction of rejections or branches it is impossible to form new structure of the court considering economic cases for consideration of the case in the same court considering economic cases, this case shall be submitted to other court considering economic cases, according to the procedure, stipulated in Clause 53 of this Code.

Chapter 5. Competence of the court considering economic cases

Article 39. Put jurisdiction to the court considering economic cases

Cases on economic (economic) disputes, the cases connected with implementation of business and other economic (economic) activity and other cases referred to its jurisdiction by legal acts are subordinated to the court considering economic cases.

The court considering economic cases resolves economic (economic) disputes and considers other cases with participation of legal entities, individual entrepreneurs, and in the cases provided by this Code and other legal acts with participation of the Republic of Belarus, administrative and territorial units of the Republic of Belarus, state bodies, local authorities and self-government, the organizations, not being legal entities, officials and citizens.

The statement adopted by the court considering economic cases to the production with observance of rules of jurisdiction shall be considered by it in essence.

The court considering economic cases considers cases also subordinated to it with participation of the legal entities, the organizations who are not legal entities, individual entrepreneurs and citizens of the Republic of Belarus, and also the foreign organizations, the international organizations, foreign citizens and stateless persons performing business activity if other is not provided by the international treaty of the Republic of Belarus.

Article 40. Transfer of disputes on permission of the international Arbitration (arbitration) Court

According to the written agreement of the parties the dispute arising from civil legal relationship and subordinated to the court considering economic cases before adoption of the decision by it can be submitted by the parties of the international Arbitration (arbitration) Court, reference tribunal, other permanent arbitration body.

About transfer of dispute determination which can be appealed according to the procedure, established by this Code is submitted for consideration of the international Arbitration (arbitration) Court, reference tribunal, other permanent arbitration body.

Article 40-1. Dispute settlement with participation of mediator

The economic (economic) dispute which arose from civil legal relationship and subordinated to the court considering economic cases according to the written agreement of the parties or from their consent at the initiative of court before removal of court for pronouncement of the court decree on the substance of dispute can be transferred to the consultative room for settlement by the parties with participation of mediator (mediators).

In case of transfer of dispute for settlement by the parties with participation of mediator (mediators) the court considering economic cases takes out determination about leaving of the action for declaration (the statement, the claim) without consideration according to the rules established by Chapter 16 of this Code.

In case of non-execution of voluntarily mediativny agreement conforming to requirements of this Code about the voluntary settlement, the international mediativny agreement issue of the executive document for forced execution of the mediativny agreement, the international mediativny agreement it is made by the court considering economic cases by the rules established by Articles 262-1-262-3 of this Code.

Not achievement of the mediativny agreement on results of mediation does not interfere with holding conciliatory procedure in the court considering economic cases.

Article 41. Jurisdiction of the disputes arising from civil and other legal relationship

The court considering economic cases if other is not established by legal acts, resolves the economic (economic) disputes arising from civil and other legal relationship and considers other cases connected with implementation of business and other economic (economic) activity by legal entities and individual entrepreneurs, and in the cases provided by this Code and other legal acts – the organizations, not being legal entities, and citizens.

Disputes, in particular, belong to the economic (economic) disputes resolved by the court considering economic cases:

following from the legal relationship connected with the conclusion, change, agreement cancelation;

following from obligations owing to unjust enrichment;

concerning invalidity of transactions;

about non-execution or improper execution of obligations;

about protection of the property right and other corporeal rights;

about indemnification, harm.

By legal acts other cases also can be referred to jurisdiction of the court considering economic cases.

Article 42. Jurisdiction of the economic (economic) disputes and other cases arising from administrative and other public legal relationship

The court considering economic cases resolves the economic (economic) disputes arising from administrative and other public legal relationship and considers other cases connected with implementation by legal entities, individual entrepreneurs and citizens of business and other economic (economic) activity about (about):

recognition invalid the substandard legal act of state body, body of local authority and self-government, other body or the official who infringes the rights and legitimate interests of the applicant in the field of business and other economic (economic) activity;

appeal of actions (failure to act) of state body, body of local authority and self-government, other body or the official which infringe the rights and legitimate interests of the applicant in the field of business and other economic (economic) activity;

collection from the legal entities, individual entrepreneurs and citizens performing business and other economic (economic) activity, taxes, charges (duties), other obligatory payments in republican and (or) local budgets and state non-budgetary funds, and also penalty fee, stipulated by the legislation if other procedure for their collection is not established by legal acts;

recognition not subject to execution of executive or other document on which collection is made in indisputable procedure;

return from the cash budget, written off in indisputable procedure from legal entities and individual entrepreneurs;

refusal in issue (prolongation of effective period) of special permission (license);

establishment of suspension (prohibition) of activities of the checked subject (its workshops, production sites), construction object, the equipment (further – suspension (prohibition) of activities);

prolongation of suspension (prohibition) of production and (or) sales of goods (works, services), operation of vehicles (further – suspension (will lock) productions);

other cases which consideration by legal acts is referred to competence of the court considering economic cases.

Article 43. Jurisdiction of cases on establishment of the facts having legal value (dispositive facts)

The court considering economic cases according to Chapter 26 of this Code considers cases on establishment of the facts having legal value for origin, change or the termination of the rights of legal entities, individual entrepreneurs and citizens in the field of business and other economic (economic) activity.

Article 44. Jurisdiction of cases on claims to notarial actions or refusal in their making

The court considering economic cases according to article 266 of this Code considers cases on claims to notarial actions or refusal in their making.

Article 45. Jurisdiction of cases on recognition and carrying out of foreign judgements and foreign arbitral decisions

The court considering economic cases according to Chapter 28 of this Code considers cases on recognition and carrying out of foreign judgements and foreign arbitral decisions on the disputes arising when implementing business and other economic (economic) activity.

Article 46. Jurisdiction of cases on appeal of decisions of the international Arbitration (arbitration) Courts, reference tribunals, other permanent arbitration bodies which are in the territory of the Republic of Belarus and about issue of executive documents

The court considering economic cases according to Chapter 29 of this Code considers cases about (about):

appeal of decisions of the international Arbitration (arbitration) Courts, reference tribunals, other permanent arbitration bodies which are in the territory of the Republic of Belarus on the disputes arising when implementing business and other economic (economic) activity;

to issue of executive documents for forced execution of decisions of the international Arbitration (arbitration) Courts, reference tribunals, other permanent arbitration bodies which are in the territory of the Republic of Belarus on the disputes arising when implementing business and other economic (economic) activity;

to issue of executive documents for forced execution of the mediativny agreements conforming to requirements of this Code about the voluntary settlement, the international mediativny agreements.

Article 46-1. Jurisdiction of cases on claims to answers to addresses of legal entities, individual entrepreneurs and citizens

The court considering economic cases according to Article 266-2 of this Code considers cases on claims of legal entities, individual entrepreneurs or citizens on the reply of the organization (individual entrepreneur) to the address, the decision on leaving of the address without consideration on the merits, the answer to the claim in superior organization.

Article 46-2. Jurisdiction of cases on claims (protests) to resolutions, actions (failure to act) of the legal executive, head of body of forced execution

The court considering economic cases according to Article 266-3 of this Code considers cases on claims (protests) to resolutions, actions (failure to act) of the legal executive, and also on resolutions, the actions (failure to act) of the head of body of forced execution connected with direct execution of executive documents.

Article 47. Special jurisdiction

The court considering economic cases considers cases:

about economic insolvency (bankruptcy);

on disputes on creation, reorganization and liquidation of the legal entities, the organizations who are not legal entities, the termination of activities of individual entrepreneurs;

on disputes on refusal in state registration, about evasion from state registration of the legal entities, the organizations who are not legal entities and individual entrepreneurs;

on the disputes connected using conditions of establishment of the legal entity or the organization, not being the legal entity and (or) participations in them;

about protection of goodwill in the field of business and other economic (economic) activity;

other cases connected with implementation of business and other economic (economic) activity in the cases provided by legal acts.

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