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

of June 29, 2011 No. 11

About some questions of hearing of cases in economic court of appellate instance

Plenum of Supreme Economic Court of the Republic of Belarus, having considered materials of generalization of court practice of application of the economic procedural legislation by hearing of cases in economic court of appellate instance, notes that the appeal as institute of de novo review of court decrees of the economic courts which did not take legal effect according to the evidence which is available in case and in addition produced took place and requires further enhancement. For the purpose of ensuring the correct and uniform application of the Economic Procedure Code of the Republic of Belarus by hearing of cases in economic court of the Plenum of Supreme Economic Court of the Republic of Belarus appellate instance, 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 Articles 7, 267 Economic Procedure Codes of the Republic of Belarus (further – HPK) the basis for initiation of proceeedings in economic court of appellate instance is the petition for appeal or the appeal protest brought by the prosecutor.

Petitions for appeal (protests) are considered by economic court of appellate instance of economic court of area (city of Minsk) and the court equated to it which structure is appointed according to the procedure, established by part two of article 268 HPK in number of at least three (odd quantity) judges of appeal judicial board of the relevant economic court, one of whom is chairman.

The judge of economic court who was involved in consideration of the case in economic court of the first instance cannot participate in consideration of this case in economic court of appellate instance (part one of article 32 HPK).

2. The petition for appeal on the court decree of economic court of the first instance which did not take legal effect, the having the right tax of person participating in case and also persons who are not recruited in case whose rights and legitimate interests are violated by the court decree issued on case if the economic court accepted the court decree about their rights and obligations (Article 56, part one of article 267 HPK).

Persons who are not recruited in case whose rights and legitimate interests are violated by the court decree issued on case and concerning the rights and which obligations the economic court accepted the court decree, before submission of the petition for appeal has the right to get acquainted with case papers. From the date of adoption of the petition for appeal to production of appellate instance by economic court the rights and obligations of persons participating in case extend to specified persons, at the same time their attraction to participation in case in quality of the procedural accomplice, the interested person or the third party is not required.

If economic court of the first instance the court decree concerning the rights and obligations of person who is not recruited in case is accepted, the economic court of appellate instance cancels it (the paragraph the fifth parts four of article 280 HPK). The economic court of appellate instance resolves issue of involvement of such person to participation in case when considering the case on rules of economic court of the first instance.

3. According to part two of article 267 HPK the prosecutor who was involved in the consideration of the case having the right to bring protest on the decision of economic court of the first instance for the purpose of:

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