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

of December 2, 2005 No. 28

About procedure for consideration by economic courts of the cases connected with the state secrets

For the purpose of ensuring uniformity of practice of consideration by economic courts of the cases connected with the state secrets, 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" (Vedamasts? Natsyyanalnaga to descent Respubl? to? Belarus, 1999, No. 2, Art. 32),

DECIDES:

The activities of judges connected with the state secrets and which are not relating to hearing of cases are regulated by the legislation on the state secrets.

Activities of the judges for hearing of cases connected with the state secrets are regulated by the procedural legislation of the Republic of Belarus taking into account features, stipulated by the legislation about the state secrets.

Proceeding from provisions of part three of article 28 of the Law participants of economic process, except judges, get without execution of the admission access to the materials of cases containing the state secrets, for participation in these cases according to the procedure and amount, provided by the procedural legislation of the Republic of Belarus.

3. According to part two of Article 48 of the Economic Procedure Code of the Republic of Belarus (further - HPK) the cases connected with the state secrets as Trial Court are considered by Supreme Economic Court of the Republic of Belarus.

If when considering the case in economic courts of areas and Minsk it is determined that it is connected with the state secrets, case is subject to transfer for consideration of Supreme Economic Court of the Republic of Belarus according to the paragraph the seventh parts two of article 53 HPK.

The written proofs and other materials containing the data constituting the state secrets can be brought into economic court on paper, electronic and other media.

Reclamation of proofs, the regulatory legal acts containing the data constituting the state secrets is performed by the judge (judges) of Supreme Economic Court of the Republic of Belarus considering case, according to the procedure, stipulated in Clause 101 HPK and in the amount necessary for consideration of the case.

The written proofs produced to Supreme Economic Court of the Republic of Belarus containing the data constituting the state secrets shall conform to requirements to written proofs, stipulated in Clause 84 HPK, taking into account features, stipulated by the legislation about the state secrets.

Submission of the written proofs and other materials containing the data constituting the state secrets is performed through division on protection of the state secrets of Supreme Economic Court of the Republic of Belarus.

5. On the cases connected with the state secrets, clerical work, storage of cases upon termination of their consideration, delivery in archive is performed by division on protection of the state secrets of Supreme Economic Court of the Republic of Belarus taking into account features, stipulated by the legislation about the state secrets.

The same division taking into account features, stipulated by the legislation about the state secrets, makes the notice of participants of economic process on time and the venue of legal proceedings, check of their appearance in court, mailing of court decrees, taking the minutes of judicial session, accomplishment of other orders of the judge (judges) of Supreme Economic Court of the Republic of Belarus, stipulated in Article 33 HPK.

6. According to article 21 HPK trial of the cases connected with the state secrets is performed in the closed judicial session.

At trial of case in the closed judicial session there are persons participating in case, their representatives, and at necessary cases - witnesses, experts 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 economic court and taking into account features, stipulated by the legislation about the state secrets.

The substantive provisions of the court decree always appear publicly.

In relation to parts two and the fifth Article 21, to parts five and the sixth article 176 HPK on the cases connected with the state secrets, persons which are present at courtroom have no right to do written notes, to keep the shorthand report and sound recording, and also it is not allowed film, photo, zvuko-and video, broadcast of judicial session per radio and television if other is not established by the legislation on the state secrets.

7. According to part three of article 28 of the Law the procedure and amount of access for participants of process to the materials of cases containing the state secrets for participation in these cases are provided by the procedural legislation of the Republic of Belarus.

In all degrees of jurisdiction and at all stages of legal proceedings access for persons participating in case for their representatives, witnesses, experts, specialists, translators to the data containing the state secrets is performed according to the procedure and the amount established by the judge (judges) when considering the case.

9. Contents of court decrees on the cases connected with the state secrets shall correspond to Articles 193, of 213, of 298, 317 HPK. In relation to article 192 HPK in case of statement of court decrees it is necessary to avoid the data containing the state secrets, to state court decrees in the language clear for persons participating in case and other persons.

Court decrees, protocols of judicial sessions on the cases connected with the state secrets in which references (references, quotes, etc.) on the data containing the state secrets are had (including documents, regulatory legal acts) are subject to classification according to the procedure, stipulated by the legislation about the state secrets.

10. The court decrees containing data on the state secrets are distributed by division on protection of the state secrets of Supreme Economic Court of the Republic of Belarus according to the procedure, stipulated by the legislation about the state secrets.

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