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CODE OF CIVIL PROCEDURE OF THE REPUBLIC OF BELARUS

of January 11, 1999 No. 238-Z

(as amended on 27-05-2021)

It is accepted by the House of Representatives on December 10, 1998

Approved by Council of the Republic on December 18, 1998

Section I. General provisions

Chapter 1. Basic provisions

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

For the purposes of of this Code the following main terms and their determinations are applied:

1) the petition for appeal – the claim about cancellation or change of the decision which did not take legal effect;

2) appeal protest – the representative's protest this Code of the prosecutor about cancellation or change of the decision which did not take legal effect;

3) close relatives are parents, children, adoptive parents (adopters) (further – adoptive parents) adopted (adopted) (further – adopted), brothers and sisters, the grandfather, the grandma, grandsons;

4) civil cases – claim cases (on the disputes following from civil, family, employment and other relationships), the cases arising from administrative legal relations, cases of special proceeding, case of mandative production, other cases in the cases provided by the law;

5) legal representatives are parents, adoptive parents, guardians, the claimant's custodians, either the defendant, or the third party and other persons to whom this right is granted by the law, and also the organizations on which care there are the claimant, either defendant, or the third party;

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

7) night time – period of time from 22 to 6 o'clock;

8) determination – any court decree of courts of all instances, except the resolutions specified in Items 11 and 17 of this Article;

9) 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, bodies for permission of employment disputes and hearing of cases, other bodies and the organizations;

10) cognizance – reference of the civil case subordinated to court of law, to maintaining Trial Court;

11) the resolution – the court decree accepted by the Plenum of the Supreme Court of the Republic of Belarus, Presidium of the Supreme Court of the Republic of Belarus, presidiums regional, Minsk city courts by results of verification of court decrees according to the procedure of supervision;

12) it is excluded;

13) pre-judiction – the decision of question of the validity of the facts and legal relationship established by the court decree which took legal effect by consideration of another matter between the same persons;

14) the prosecutor – the prosecutors acting within the competence Attorney-General and subordinated to him, including transport prosecutors, their deputies and assistants, advisers, chiefs of structural divisions of bodies of prosecutor's office and their deputies, the senior prosecutors and prosecutors of structural divisions of bodies of prosecutor's office;

15) protest according to the procedure of supervision – the representative's protest this Code of the official about cancellation or change of the court decrees which took legal effect;

16) No. 45-Z) is excluded according to the Law of the Republic of Belarus of 17.07.2020

17) the decision – the court decree of the Trial Court which considered the merits of the case containing the answer (answers) to the declared requirements;

18) court – any court of law of the Republic of Belarus organized on legal causes considering civil cases jointly or solely: Trial Court, court of appeal (second) instance, Supervisory Court;

19) court of appeal (second) instance – court, competent according to claims of persons who are legally interested in the outcome of the case, and also other persons if the court passed the decision on their rights and obligations, and to protests of the prosecutor to check legality and justification of the court decrees of Trial Court which did not take legal effect in appeal procedure;

20) Supervisory Court – court, competent to check according to the procedure of supervision of case on protests for the court decrees which took legal effect and to accept resolutions within the competence;

21) Trial Court – court, competent to pass the decision on civil case;

22) the court decree – the decision, determination, the resolution of courts of all instances;

23) the judge – person appointed to judgeship according to the procedure, established by legal acts, for implementation of obligations of the judge on professional basis;

24) the private claim – the claim to the determination of Trial Court which did not take legal effect;

25) private protest – the representative's protest this Code of the prosecutor on the determination of Trial Court which did not take legal effect;

26) family members are the close relatives specified in Item 1 of this Article and also other relatives, the spouse (spouse), disabled dependents and other persons who live together with the claimant, either the defendant, or the third party and conduct with them general economy.

Article 2. Legislation on civil legal proceedings

Civil administration of justice is regulated by the Constitution of the Republic of Belarus, this Code and other legal acts.

Article 3. The relations regulated by the civil procedural legislation

The civil procedural legislation regulates procedure for consideration and permission by courts of civil, family, labor, another claim cases, the cases arising from administrative legal relations, cases of special proceeding, cases of mandative production, and also other cases and procedure for the production connected with execution of court decrees, other decisions and acts.

Article 4. Operation of the civil procedural legislation

In the Republic of Belarus production on civil cases is conducted according to the civil procedural legislation existing in its territory during consideration of the case in court.

The civil procedural legislation limiting the rights of participants of civil legal proceedings has no retroactive force.

Article 5. Tasks of the civil procedural legislation

Tasks of the civil procedural legislation are ensuring the correct and timely consideration and permission with courts of civil cases, execution of the court decrees and other acts which are subject to execution, protection of the rights and the interests of citizens and legal entities protected by the law.

The civil procedural legislation promotes education of citizens in the spirit of respect and execution of the laws, cooperation in case of the dispute resolution, to the prevention of offenses, strengthening of system of managing and different patterns of ownership.

Article 6. Right to the request for judicial protection

The interested person has the right to take a legal action in accordance with the established procedure behind protection of the violated or disputed right or the interest protected by the law.

The disclaimer on appeal to the court is invalid. However in case of mutual consent of interested persons their dispute on protection of the violated or disputed right in the cases established by the law can be submitted by them reference tribunal or for settlement with participation of mediator (mediators).

Legal cases in protection of the rights or the interests of citizens and legal entities protected by the law can be initiated in the cases provided by the law also according to statements of the prosecutor, state bodies, legal entities and certain citizens.

The refusal in judicial protection based on absence, incompleteness, inconsistency, regulation ambiguity is not allowed.

The interested person shall observe procedure for preliminary extrajudicial permission of case if according to legal acts for collection in indisputable procedure for sums of money (debt) from the debtor making by the notary of executive text, and also is provided in other cases provided by legal acts.

Article 7. Methods of judicial protection

The court performs protection of the rights and the interests protected by the law in the way:

recognitions of the right;

award to discharge of duty, recoveries of the violated right or prohibition or suppression of the actions leading to violation of the right;

ensuring origin, change or termination of legal relationship;

the factual determination having legal value;

applications of other stipulated by the legislation methods.

Article 8. Production types on civil cases

The civil procedural legislation provides the following types of production:

claim;

on the cases arising from administrative legal relations;

special;

mandative;

other types of production provided by this Code and other legal acts.

Chapter 2. Principles of civil legal proceedings

Article 9. Justice implementation only court

Justice on civil cases is performed only by court. Civil cases are considered by the judges appointed to position in the procedure established by legal acts.

Article 10. Individual and joint consideration of civil cases

Civil cases on the first instance are considered by judges of all courts solely, and in the cases provided by this Code, – is joint.

Courts of appeal and supervising instances according to claims and protests to the judgments consider civil cases jointly, except as specified, provided by part three of this Article.

Consideration in Appeal Court of civil cases according to private claims and private protests to the determinations of Trial Court which did not take legal effect which case is not authorized in essence is performed by the judge of Appeal Court solely.

Article 11. Independence of judges and subordination only to their law

When implementing justice on civil cases of the judge are independent and submit only to the law. Intervention in their activities for implementation of justice is not allowed and attracts legal accountability.

Guarantees of independence of judges are established by the Constitution of the Republic of Belarus and other legal acts.

Article 12. Equality of citizens before the law and court

Citizens of the Republic of Belarus are equal before the law and court irrespective of origin, social and property status, racial and national identity, floor, education, language, the relation to religion, political and other convictions, sort and nature of occupations, the residence, accommodation time in this area and other circumstances.

Article 13. Respect of advantage of the personality

The court shall respect advantage of participants of civil legal proceedings. Any participant of civil legal proceedings is supposed fair, until proved otherwise.

Article 14. Right to use by legal aid

In civil administration of justice citizens and legal entities have the right to legal aid of lawyers and other representatives.

The procedure for rendering legal aid to citizens and legal entities is determined by this Code and other acts of the legislation.

Article 15. Explanation court to participants of civil legal proceedings of their rights and obligations

The court explains to participants of civil legal proceedings their procedural law and obligations, and also warns about effects of inadequate implementation of the rights, refusal of their implementation or non-execution or improper execution of procedural obligations.

Article 16. Legal proceedings language

Legal proceedings in the Republic of Belarus are conducted in the Belarusian and (or) Russian languages.

To persons who are legally interested in the outcome of the case, if they do not own (or know insufficiently) legal proceedings language, the right to study case papers and to participate in judicial actions through the translator, and also the right to appear in court in language which they usually use is provided.

Court documents in accordance with the established procedure are handed to persons who are legally interested in the outcome of the case in legal proceedings language.

Article 17. Publicity of legal proceedings

Consideration of civil cases in all courts open.

For the purpose of protection of the data constituting the state secrets or other secret protected by the law, containing in case papers the closed judicial session is held.

For prevention of disclosure of information which concerns intimate aspects of life of citizens or discredits their honor, advantage or goodwill and also if it is necessary for protection of interests of the minor, the court can hear case in general or make separate legal proceedings in the closed judicial session.

At the request of the parties or one of them in the absence of objections persons who are legally interested in the outcome of the case court can consider any case in the closed judicial session.

At considering the case or making separate legal proceedings at the closed judicial session there are persons who are only legally interested in the outcome of the case, and at necessary cases - witnesses, experts, specialists, translators. The closed judicial session is held with observance of all procedural rules established by this Code. The substantive provisions of the judgment are anyway announced publicly.

About consideration of the case in the closed judicial session the court takes out determination.

Article 18. Dispositivity (administrative ability)

Persons who are legally interested in the outcome of the 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 interests of other persons and the state protected by the law.

Civil cases are initiated by court only according to statements of persons who are legally interested in the outcome of the case and are considered only concerning the declared requirements, except the cases provided by this Code and other legal acts.

Article 19. Competitiveness and equality of the parties

Civil cases in all courts are considered on the basis of competitiveness and equality of the parties in process. In dispute among themselves the parties shall have honesty the substantive and procedural rights belonging to them and fulfill procedural duties.

Article 20. Clarification of the valid facts of the case by court

Obligation provide the truth, necessary for establishment, in the matter of the proof lies on the parties, the third parties and other persons who are legally interested in the outcome of the case. For comprehensive, complete, objective clarification of all circumstances having essential value for the correct consideration and permission of case, the court assists specified persons according to their petition in reclamation of proofs when submission of such proofs for them is impossible.

Article 21. Permission of cases based on the legislation

The court shall resolve cases based on the Constitution of the Republic of Belarus and regulatory legal acts adopted according to it. In case of discrepancy of the decree or the presidential decree of the Republic of Belarus with the law the law has supremacy only when powers on the publication of the decree or the decree were provided by the law.

In case of lack of the rule of law governing the disputable relations, the court applies the rule of law governing the similar relations (analogy of the law), and in the absence of such rule of law court, resolving dispute, proceeds from the general beginnings (principles) and sense of the legislation (analogy is right).

If by consideration of specific case the court comes to conclusion about discrepancy of the regulation of the Constitution of the Republic of Belarus, he makes the decision according to the Constitution and puts in accordance with the established procedure question of recognition of this regulation unconstitutional.

Article 22. Supervision of superior courts of judicial activities

The Supreme Court of the Republic of Belarus performs justice and supervision of judicial activity of the courts of the Republic of Belarus according to the procedure, established by the laws.

Regional, Minsk city courts exercise supervision of judicial activities of the district (city) courts which are in the territory of this area, the city of Minsk.

Article 23. Public prosecutor's supervision in civil legal proceedings

Supervision of legality and justification of court decrees on civil cases, and also behind compliance with law in case of their execution is performed by the Attorney-General and prosecutors subordinated to it.

The prosecutor shall take timely at all stages of civil legal proceedings the measures provided by the law to elimination of any violations of the law from whoever these violations proceeded.

The prosecutor performs the powers in civil legal proceedings irrespective of any bodies and officials, being guided only by legal acts and submitting to instructions of the Attorney-General.

Article 24. Obligation of court decrees

The court decrees which took legal effect are obligatory for all citizens, including officials, and also legal entities and are subject to execution in all territory of the Republic of Belarus.

Obligation of court decrees does not deprive of interested persons of opportunity to take a legal action behind protection of the rights and the interests protected by the law, the dispute on which was not considered and resolved by court.

Section II. Courts

Chapter 3. General provisions

Article 25. Tasks of courts

Justice on civil cases is performed by courts according to their competence.

The court will organize process on civil case with minimum necessary costs of forces, means, time and provides in the limits set by this Code and other acts of the legislation of terms the solution of tasks of the civil procedural legislation (article 5 of this Code).

Article 26. Consideration of civil cases on the first instance

Civil cases on the first instance are considered solely by chairmen, deputy chairmen, judges district (city), regional, Minsk city courts and the Supreme Court of the Republic of Belarus.

Civil cases on disputes in the field of copyright and the related rights are considered in judicial board for intellectual property of the Supreme Court of the Republic of Belarus on the first instance by judges solely, civil cases on the disputes following from application of the legislation governing the relations arising in connection with creation, legal protection and use of objects of industrial property - as a part of three judges.

The judge by individual consideration and permission of cases or other questions of process acts on behalf of court.

Article 27. Structures of judicial boards regional, Minsk city courts and the Supreme Court of the Republic of Belarus for consideration of civil cases in appeal procedure

Judicial boards on civil cases regional, Minsk city courts, judicial board on civil cases of the Supreme Court of the Republic of Belarus as courts of the second instance check in appeal procedure legality and justification of the decisions which did not take legal effect and determinations of Trial Courts. In these cases the called courts sit at the list of three judges, one of whom presides when considering the case.

Article 28. Structures of courts for consideration of civil cases according to the procedure of supervision

As Supervisory Courts presidiums regional, Minsk city courts, judicial board on civil cases of the Supreme Court of the Republic of Belarus, the Presidium of the Supreme Court of the Republic of Belarus, the Plenum of the Supreme Court of the Republic of Belarus check legality and justification of the court decrees of subordinate courts which took legal effect on protests of authorized officers.

Consideration of civil case according to the procedure of supervision is performed by presidiums regional, Minsk city courts with the assistance of most of members of presidium of court; judicial board on civil cases of the Supreme Court of the Republic of Belarus - as a part of three judges, one of whom presides when considering the case; Presidium of the Supreme Court of the Republic of Belarus - with the assistance of most of members of Presidium; The Plenum of the Supreme Court of the Republic of Belarus - with the assistance of at least two thirds of members of the Plenum.

Article 29. Powers of court

Treat powers of court:

consideration of civil case and pronouncement of the court decree;

consideration of the case in appeal procedure and according to the procedure of supervision;

review of court orders on newly discovered facts;

consideration of the application about cancellation of the decision of reference tribunal;

consideration of the application about cancellation of the solution of the labor arbitration;

consideration of the questions arising in case of execution of decisions and other documents.

In case of joint consideration of the case as judges the chairman and judges who are part of court act. All judges as a part of court have identical rights.

Article 30. The court session secretary (the court session secretary - the assistant judge)

The court session secretary (the court session secretary – the assistant judge) at the request of the judge makes the actions necessary for preparation of case for preliminary judicial session or consideration in judicial session; informs participants of civil legal proceedings on time and the place of jurisdiction and checks their appearance in court; finds out the reasons of absence and reports on this 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 all other orders of the judge connected with preparation and carrying out judicial session.

In case of disagreements with the judge concerning contents of the brief protocol, the protocol the court session secretary (the court session secretary – the assistant judge) has the right to attach the notes to the brief protocol, the protocol.

In case of disagreement with these notes the judge shall take out motivated determination which together with notes is filed.

Article 31. Procedure for permission of questions court

When considering the case on the first instance solely by the judge all questions arising during legal proceedings are solved it solely.

If case is considered jointly, all questions arising during legal proceedings and in the consultative room are solved judges by a majority vote. Vote is taken openly in case of the solution of each question, none of judges have no right to refrain from vote. The chairman votes the last. The judge not concordant with the solution of the majority can state in writing the special opinion. The special opinion is filed, but in courtroom is not disclosed.

The questions arising out of legal proceedings, the judge permits solely. The judge (chairman) solely makes also orders on conducting legal proceedings and maintenance of procedure in courtroom.

Article 32. The bases for removal of the judge and the court session secretary (the court session secretary - the assistant judge)

The judge cannot be involved in consideration of the case if:

1) it are connected with one of the parties on case in point of the relation of scrap, relationship, adoption (adoption) (further, unless otherwise specified, – adoption), guardianship or custody;

2) it was or remains the representative of one of party litigants;

3) he by the previous consideration of this case in courts of the first and second instances or according to the procedure of supervision participated in quality of the witness, expert, translator, prosecutor, court session secretary (the court session secretary - the assistant judge);

4) he personally is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in its objectivity and impartiality.

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

The bases for branch specified in part one of this Article extend also to the court session secretary (the court session secretary - the assistant judge). However its participation in the previous consideration of the case in the same quality the basis for branch is not.

Article 33. Inadmissibility of repeated participation of the judge in consideration of the case

The judge who was taking part in consideration of civil case in Trial Court cannot participate in consideration of this case in courts of appeal or supervising instance, and is equal in new trial of this case in Trial Court in case of cancellation of the decision passed to them.

The judge who was involved in consideration of the case in Appeal Court cannot participate in consideration of this case according to the procedure of supervision, and also in new trial of case in court of the first or appellate instance after cancellation of the determination which is taken out with its participation.

The judge who was involved in consideration of the case according to the procedure of supervision cannot take part in further review of this case in Supervisory Court, except for the Plenum of the Supreme Court of the Republic of Belarus, and is equal in consideration of the case in court of the first, second or supervising instance after cancellation of the court decree issued with its participation.

The judge who was involved in consideration of the case according to the procedure of supervision in the Plenum of the Supreme Court of the Republic of Belarus having the right to take part in consideration of this case in court of the first, second or supervising instance, except as specified cancellations by the Plenum of the Supreme Court of the Republic of Belarus of the court decree issued with participation of this judge.

Article 34. Statement for branch

In the presence of the bases specified in Articles 32 and 33 of this Code, the judge shall declare rejection and refuse participation in consideration of the case. On the same bases motivated branch can declare to the judge person who is legally interested in the outcome of the case.

Branch is declared in writing or orally prior to substantive prosecution and entered in the brief protocol, the protocol of judicial session. The latest statement of branch is allowed only in cases when the basis for it arose or became known to person declaring branch after the beginning of consideration of the case. If such circumstances became known to the judge after the beginning of consideration of the case, he shall report about them in judicial session and resolve question of branch on own initiative.

In the same procedure branch is declared to the court session secretary (to the court session secretary – the assistant judge).

Article 35. Procedure for permission of the declared branch

In case of the statement of branch the court shall listen to opinions of persons who are legally interested in the outcome of the case, and also hear person to whom branch is declared if taken away wishes to offer explanations.

The judge, the court clerk (the court session secretary - the assistant judge) to whom branch is declared, to the solution of question of them perform only urgent legal proceedings.

The branch declared to the judge who considers case solely is allowed by the judge. When considering the case in joint structure the question of removal of the judge is resolved by other judges for lack of taken away. In case of equal number of votes, given for branch and against it, the judge is considered taken away. The branch declared to several judges or all structure of court is allowed by the same court en banc by a simple majority vote.

The branch declared to the court session secretary (to the court session secretary - the assistant judge), is allowed by the judge or to the chairman considering case.

The question of branch is resolved in the consultative room with determination removal.

Article 36. Effects of allowance of the application about removal of the judge

In case of satisfaction of the branch declared to the judge or judges, case is considered in the same court, but other list of judges.

If it is impossible to form new structure of court for consideration of the case in this court, it is sent in superior court for transfer for consideration of other court.

Chapter 4. Jurisdiction of civil cases to courts

Article 37. General rules about jurisdiction

Cases are subordinated to courts:

1) on the disputes arising from civil, family, employment, housing, land relations, the relations on use of natural resources, and also the environment if at least as one of the parties in dispute the citizen acts, except as specified, when permission of such disputes is carried by acts of the legislation to competence of other courts or to maintaining other state bodies, and also other organizations;

2) on disputes of the legal entities in cases identified by this Code and other legal acts;

3) arising from administrative legal relations, listed in article 335 of this Code;

4) special proceeding, listed in Article of 361 of this Code;

5) mandative production, 394 of this Code listed in Article.

Also the another matters carried by legal acts to their competence are subordinated to courts.

Article 38. Jurisdiction in connection with change of the legislation and the requirements connected among themselves

The case accepted by court to the production with observance of rules of jurisdiction shall be authorized to them in essence, at least further it became it not subordinated.

In case of presentation of several requirements connected among themselves from which one are subordinated to court of law and others - to other state body or the organization, all requirements are subject to consideration in court of law if other is not provided by acts of the legislation.

Article 39. Transfer of disputes on permission of reference tribunals

In the cases provided by acts of the legislation or international treaties of the Republic of Belarus, agreement dispute of the parties can be transferred to permission of reference tribunal.

Article 39-1. Dispute settlement with participation of mediator (mediators)

The dispute which arose from civil, family, employment, other legal relationship and subordinated to court over the written agreement of the parties 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).

Article 40. Jurisdiction determination

Jurisdiction is determined by the judge accepting case to production or court in which production it is.

Article 41. Disputes on jurisdiction

The court decree which took legal effect about jurisdiction is obligatory for other courts, state bodies, and also the organizations specified in the court decree which have the right to raise question of its cancellation before superior court.

Chapter 5. Cognizance

Article 42. Civil cases, cognizable to district (city) court

The district (city) court considers on the first instance civil cases subordinated to courts, except for the cases referred to cognizance of other courts.

Article 43. 

It is excluded according to the Law of the Republic of Belarus of 01.07.2014 No. 175-Z

Article 44. Cognizance of civil cases regional, Minsk city to courts

Regional, Minsk city courts have the right to withdraw any civil case from the district (city) court which is in the territory of the respective area, the city of Minsk and to accept it to the production as Trial Court.

Regional, Minsk city courts consider cases on the first instance which are jurisdictional it owing to acts of the legislation (according to claims to refusal in registration of local public associations of citizens, on refusal in registration of initiative group on holding regional referendum, etc.).

Regional, Minsk city courts consider cases on the first instance which materials contain the data constituting the state secrets.

Article 45. Cognizance of civil cases to the Supreme Court of the Republic of Belarus

The Supreme Court of the Republic of Belarus has the right to withdraw any civil case from any court of law of the Republic of Belarus and to accept it to the production as Trial Court.

The Supreme Court of the Republic of Belarus considers also cases on the first instance which are jurisdictional to it according to acts of the legislation (according to claims to refusal in registration of republican and international public associations of citizens, according to statements for the termination of activities of such associations, according to claims to refusal in registration of initiative group on holding republican referendum, according to claims to refusal in registration of political parties, according to statements for the termination of activities of political parties, according to claims to decisions of the President of the Republic of Belarus concerning nationality, according to claims to refusal of the Central commission of the Republic of Belarus at elections and holding republican referenda to registration of candidates for president of the Republic of Belarus, cases on the disputes following from application of the legislation governing the property and personal non-property relations arising in connection with creation legal protection and use of intellectual property items, etc.).

Article 46. General rules of cognizance

The statement for initiation of proceedings is filed a lawsuit at the place of residence of the defendant if other is not established by this Code.

If defendant is the legal entity, the application is submitted in the place of its stay specified in the charter or other constituent document.

Article 47. Cognizance at the choice of the claimant

The claim to the defendant whose residence is unknown or which does not take the residence in the Republic of Belarus can be shown in the location of its property or in the last known place of his residence in the Republic of Belarus.

The claim following from activities of branch of the legal entity can be shown also in the branch location.

Recovery suits of the alimony, about establishment of motherhood and (or) paternity or about deprivation of the parent rights can be shown by the claimant also in the place of his residence.

The recovery suit of the expenses spent by the state for content of the children who are on the state providing can be shown by the claimant also in the place of its stay or in the location of children on the state providing.

The claim for deprivation of the parent rights can be made by the claimant also at the place of residence (stay) of the child if the child is on the state providing.

The compensatory action, the citizen caused to life or health, can be shown by the claimant also in the place of his residence or in the place of damnification.

The compensatory action, the citizen caused to property or the legal entity, can be shown also in the place of damnification.

The claim following from the agreement in which the place of execution is specified can be shown also in the place of agreement performance.

The action of rescission of marriage with person recognized in the procedure established by the law it is unknown absent, incapacitated, and also by person condemned for crime execution to imprisonment for the term of at least three years it can be shown at the place of residence of the claimant.

The action of rescission of scrap can be made at the place of residence of the claimant also in case in case of it there are minor children or when for health reasons departure of the claimant to the residence of the defendant is represented for it difficult.

The compensatory action, caused to the citizen by illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention, illegal imposing of administrative punishment in the form of arrest or corrective works, can be shown by the claimant also in the place of his residence.

The claim for protection of the rights of the consumer can be made also at the place of residence or findings of the claimant either in the place of agreement performance or in the place of damnification.

The claim to several defendants living or being in different places is shown in court at the place of residence or the location of one of defendants.

The choice between several courts to which case is jurisdictional belongs to the claimant.

Cognizance at the choice of the claimant can be established also in other cases provided by this Code and other laws.

Article 48. Exclusive cognizance

Claims for the rights to the parcels of land, buildings, rooms, constructions, other objects firmly connected with the earth and also for release of property from arrest are shown in the location of these objects or distrained property.

The claim of the creditor of the testator made before inheritance acceptance by heirs is jurisdictional to court in the location of heritable property or its main part.

The claim to carrier following from the transportation agreement of loads, passengers or baggage is shown in the location of carrier to which complaint was in accordance with the established procedure made or complaint shall be made.

Claims (protests) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution to whom functions on direct execution of executive documents (further - other employee of body of forced execution), and also claims (protests) to the resolutions of the head of body of forced execution which are taken out by results of consideration of the claim (protest) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution extrajudicially, the established legislation on enforcement proceeding are assigned (further - the resolution of the head of body of forced execution) are filed a lawsuit in the location of relevant organ of forced execution, except for claims (protests) which consideration by the economic procedural legislation is assigned to the courts considering economic cases.

Article 49. Contractual cognizance

The parties can according to the written agreement among themselves establish contractual territorial cognizance, except cases, stipulated in Article the 48th of this Code.

Article 50. Cognizance of the counter action and civil action following from criminal case

The counter claim irrespective of its cognizance is made in court in the place of consideration of the original action.

The civil action following from criminal case if it was not declared or was not resolved in case of production of criminal case, is shown according to the procedure of civil legal proceedings by the rules of cognizance established by this Code.

Article 51. Case referral, accepted by court to the production, in other court

The case accepted by court to the production with observance of rules of cognizance shall be authorized to them in essence, at least further it became cognizable to other court.

The court submits case of other court if:

1) it will be more quickly, fully and is comprehensively considered in other court;

2) the defendant whose residence was not earlier known, will declare the petition for case referral in court in the place of his residence;

3) when considering the case in this court it became clear that it was accepted to production with cognizance abuse of regulations;

4) after removal of one or several judges, and also owing to other circumstances deserving attention replacement of judges or consideration of the case in this court are impossible;

5) the claim to court is made.

The private complaint can be made about determination about case referral in other court or the private protest is brought.

Case referral from one court in another is made after term on appeal or protest of this determination, and in case of submission of the private claim or bringing of private protest - after leaving by superior court of the private claim or private protest without satisfaction.

The case directed from one court to another according to the procedure, provided by this Article, is subject to unconditional acceptance to production by court to which it is sent. Disputes on cognizance between courts are not allowed.

Article 52. Transfer of cases regional, Minsk city courts or the Supreme Court of the Republic of Belarus from one court in another

In some cases for the purpose of the most bystry and correct hearing of cases, and equally for the purpose of the best providing educational role of legal proceedings case prior to its consideration in judicial session can be transferred from one court to which it is jurisdictional, to another.

The question of case referral on the specified bases from one court in another within the area, the city of Minsk is allowed by the chairman corresponding regional, Minsk city courts, the Chairman of the Supreme Court of the Republic of Belarus or his deputies.

The question of case referral on the specified bases in court of other area, city of Minsk is allowed by the Chairman of the Supreme Court of the Republic of Belarus or his deputies.

Article 53. Cognizance of cases on which one of the parties is the citizen or the legal entity of other state

Cognizance of cases on which one of the parties is the citizen or the legal entity of other state is determined by Articles 544-549 of this Code.

Section III. Participants of civil legal proceedings

Chapter 6. General provisions

Article 54. Participants of civil legal proceedings

Participants of civil legal proceedings are persons and persons which do not have such interest who are legally interested in the outcome of the case.

Treat persons who are legally interested in the outcome of the case:

the parties having direct interest in the outcome of the case, the third parties, applicants, state bodies, legal entities and other organizations, officials, actions (failure to act) of which are appealed, the interested citizens and legal entities - for special proceeding;

having the state, public or other interest in the outcome of the case the prosecutor, state bodies, legal entities and citizens of own name protecting the rights of other persons; the state bodies which entered process for the purpose of making the conclusion on case; representatives of persons who are legally interested in the outcome of the case, except the prosecutor.

No legal interest in the outcome of the case is had by witnesses, experts, specialists, translators, witnesses, keepers of the arrested or disputable property.

Participants of civil legal proceedings in mandative production and enforcement proceeding are claimants, debtors and their representatives concerning whom the rules established by Sections III-V of this Code are applied in the part which is not contradicting essence mandative and enforcement proceeding.

Article 55. Line items of persons who are legally interested in the outcome of the case

Each person who is legally interested in the outcome of the case borrows and protects in production on this case independent line item which is expressed in the relevant procedural documents, statements and actions.

The line item includes certain requirements or objections against requirements together with their actual and legal reasons.

Article 56. The rights and obligations of persons who are legally interested in the outcome of the case

Persons who are legally interested in the outcome of the case have the right to submit applications, to get acquainted with case papers, to do statements of them, to make copies of the submitted documents, to declare branches, to produce the evidence, to participate in research of proofs, to ask questions to other participants of legal proceedings about case, to declare petitions, to offer oral and written explanations for court, to adduce the arguments and reasons, to object to petitions, arguments and reasons of other persons, to appeal (to protest) court decrees, and also to make other legal proceedings provided by this Code.

Persons who are legally interested in the outcome of the case shall have the procedural law belonging to them honesty. Any attempts to drag out process or to deviate from merits of case are stopped by court.

The amount of the rights and obligations of person (its status) who is legally interested in the outcome of the case in process on specific case depends on procedural provision of this person.

In the cases arising from administrative legal relations, cases of special proceeding persons who are legally interested in the outcome of the case have the rights determined by this Article and perform duties with withdrawals which follow from essence of the corresponding type of production or are directly established by this Code and other laws.

Article 57. The rights and obligations of persons who are legally not interested in the outcome of the case

The rights and obligations of persons who are legally not interested in the outcome of the case are determined by the purposes for which achievement they participate in process, and regulated by Chapter 12 of this Code.

Article 57-1. Features of implementation by participants of civil legal proceedings of the separate rights on civil cases which materials contain the data constituting the state secrets

Acquaintance with the materials of civil cases containing the data constituting the state secrets, statements from them copying from the documents which are not containing the data constituting the state secrets are performed by participants of civil legal proceedings with observance of requirements of the legislation on the state secrets.

The court shall determine the place and term of acquaintance of participants of civil legal proceedings with the procedural documents or their copies containing the data constituting the state secrets and to provide such acquaintance with observance of requirements of the legislation on the state secrets.

Article 58. Civil standing in court

Capability have civil procedural law and perform obligations of the Party and the third party (civil standing in court) is recognized equally for all citizens and legal entities of the Republic of Belarus, beyond the Republic of Belarus and its administrative and territorial units, and the cases provided by the law - also behind the organizations, not being legal entities.

Foreign citizens, stateless persons, foreign legal entities, foreign states and their administrative and territorial units have civil standing in court according to provisions of Chapter of 41 of this Code.

Article 59. Civil procedural capacity to act

Capability the actions to perform the rights, to carry out obligations in court, to charge conducting case to the representative (civil procedural capacity to act) belongs in full to the citizens who reached age of majority, to the minors - in the cases provided by this Code and other legislation, to the legal entities having civil standing in court (part one of article 58 of this Code).

The rights and interests of minors protected by the law aged from fourteen up to eighteen years, and also citizens, acknowledged it is limited by capable, defend themselves in court their parents, adoptive parents or custodians. The court shall recruit in such cases of the minors or citizens recognized restrictedly capable, except as specified, when involvement of the minor to participation in case contradicts its interests.

The minors which reached fourteen years have the right to take a legal action personally with the statement for protection of the rights and the interests protected by the law and to use at any time the help of lawyers and other representatives in court without the consent of parents, adoptive parents, custodians. The question of attraction to participation in such cases of parents, adoptive parents or custodians of minors for rendering the help to them is solved court.

The rights and interests of the minors which did not reach fourteen years protected by the law and also the citizens recognized as incapacitated defend themselves in court their legal representatives - parents, adoptive parents or guardians.

Chapter 7. Parties

Article 60. Claimant and defendant

The parties in cases of claim production are the claimant and the defendant.

The claimant has the right to the request for judicial protection. It formulates the procedural line item in the action for declaration. Person for the benefit of whom in the cases provided by the law proceedings are initiated the prosecutor, state body, the legal entity or the citizen, is informed by court on the arisen process and participates in it as the claimant.

The defendant possesses right of defense against the made claim. It can formulate the line item in objections against the claim or make the counter claim.

Article 61. Procedural law of the parties

The parties have the equal procedural law.

The parties are granted the right in the limits established by the law freely to dispose of the rights (article 18 of this Code).

The claimant has the right to change the basis or subject of action, to increase or reduce the size of claims or to refuse the claim. The defendant has the right to change the basis of objections against the claim, fully or partially to recognize the claim. The parties can end case by the voluntary settlement, including by carrying out mediation in time, established by court.

The court does not accept refusal of the claimant of the claim, recognition of the claim by the defendant and does not approve the voluntary settlement of the parties if these actions contradict the law or violate someone's rights and interests protected by the law.

In case of change of the basis or subject of action, increase in the size of claims the current of the term of consideration of the case provided by this Code begins from the date of making of the corresponding legal proceeding.

The parties have the right to perform legal proceedings, stipulated in Article 56 and other Articles of this Code.

Article 62. Participation in case of several claimants or defendants (procedural partnership)

In civil legal proceedings procedural partnership on which the claim can be made jointly by several claimants or to several defendants is allowed if:

1) matter in issue are general for them the right or obligation;

2) their rights and obligations have one actual and legal basis;

3) matter in issue are the homogeneous rights and obligations having identical actual and legal reasons.

Each of claimants or defendants in relation to other party acts in process independently.

Procedural partnership can arise both at the initiative of the parties, and at the initiative of court. Determination of court about non-admission of person to participation in case in quality of the accomplice can be appealed or protested.

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