of October 28, 2005 No. 22
About participation of the prosecutor in economic legal proceedings
(as of November 26, 2009)
For the purpose of ensuring the correct and uniform application by economic courts of the procedural legislation by hearing of cases with participation of prosecutors the 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, decides to make the following explanations:
1. According to article 125 of the Constitution of the Republic of Belarus, Articles 1, 4, 32, 33 Laws of the Republic of Belarus of May 8, 2007. "About prosecutor's office of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2007, No. 119, 2/1317; 2009, No. 16, 2/1559) (further - the Law on prosecutor's office), Article 349 of the Economic Procedure Code of the Republic of Belarus (further - HPK) supervision of exact and uniform execution of the laws, decrees, decrees and other regulatory legal acts in the territory of the Republic of Belarus, behind compliance to the law of court decrees of economic courts, and also behind compliance with law in case of execution of court decrees and other acts is performed by bodies of prosecutor's office of the Republic of Belarus.
Based on article 33 of the Law on prosecutor's office when implementing supervision of compliance to the law of court decrees, and also behind compliance with law in case of their execution the prosecutor has the powers provided by the procedural legislation, in particular, the paragraph the fifth Articles 7, Articles 301, of 307, of 320, of 346, 349 and 353 HPK.
1-1. According to article 27 of the Law on prosecutor's office, articles 6 and 66 HPK the prosecutor in case of establishment of violations of the law within the competence, being guided by the rules of cognizance and jurisdiction established by HPK:
makes in economic court the claim (statement) for the purpose of protection of the state and public concerns;
has the right to make in economic court the claim (statement) for the purpose of protection of interests of legal entities (including - state or from shares of the state in authorized fund), the individual entrepreneurs, the organizations who are not legal entities (in that chislekollektiv of workers), the citizens who do not have the status of the individual entrepreneur if the interests of specified persons which are subject to protection are connected with implementation of business and other economic (economic) activity and specified persons gave the consent to presentation by the prosecutor in economic court of the corresponding claim (statement).
when it reveals signs of deliberate bankruptcy, bankruptcy concealment;
when at the debtor debt on obligatory payments is had;
in connection with non-execution by the debtor of monetary commitments;
for the benefit of creditors - the Republic of Belarus, administrative and territorial unit of the Republic of Belarus - according to monetary commitments;
in other cases provided by the Bankrupcy law and other legal acts.
Based on Item 25 of the Regulations on state registration of subjects of the managing approved by the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1 "About state registration and liquidation (the activities termination) of subjects of managing" (The national register of legal acts of the Republic of Belarus, 2009, No. 17, 1/10418), in case of detection of the bases for recognition of state registration of the subject of managing invalid bodies of prosecutor's office appeal to economic court with the claim for recognition of state registration of the subject of managing invalid and collection of income gained by the subject of managing in the local budget.
According to Item 3 of the Regulations on liquidation (the activities termination) of subjects of the managing approved by the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1, in case of detection of the bases for liquidation of the legal entity bodies of prosecutor's office appeal to economic court with the claim for liquidation of such legal entity if other is not established by legal acts.
In case of establishment of violations of the law the prosecutor within the competence addresses in the cases provided by legal acts to economic court and with other statements (claims) in protection of the rights and legitimate interests of citizens, including individual entrepreneurs, and the organizations, public and state interests (item 4 of article 27 of the Law on prosecutor's office).
2. HPK provides possibility of the appeal of the prosecutor to economic court in the following forms:
the action for declaration on the economic (economic) disputes and other cases arising from civil legal relationship;
statements for establishment of the facts having legal value;
statements on the cases arising from administrative and other public legal relationship;
statements on cases on economic insolvency (bankruptcy);
petitions for providing the claim;
petitions for dispute settlement between the parties according to the procedure of mediation (for the purpose of realization of tasks, stipulated in Article 153 HPK);
statements (petition) on the questions connected with case trial;
statements for initiation of mandative production;
petitions for cancellation of the decision of the international Arbitration (arbitration) Court;
claims to notarial actions or refusal in their making;
appeal protest on the court decree of economic court of the first instance which did not take legal effect;
the prosecutor's appeal on the court decree of economic court of the first instance which took legal effect, and the court decree of economic court of appellate instance;
protest according to the procedure of supervision on the court decree which took legal effect;
ideas of reconsideration of the case on newly discovered facts;
protest on the resolution of the legal executive, and also its action (failure to act) for execution of the executive document of economic court;
in other forms provided by legal acts.
The Attorney-General of the Republic of Belarus has the right to submit also for consideration of the Plenum of Supreme Economic Court of the Republic of Belarus of the offer on giving to the economic courts of explanations concerning application of the legislation arising by hearing of cases and execution of court decrees (article 13 of the Law on prosecutor's office).
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