LAW OF THE REPUBLIC OF BELARUS

of July 1, 2014 No. 174-Z

About modification and amendments in some laws of the Republic of Belarus concerning enhancement of legal proceedings in the courts considering economic cases

Accepted by the House of Representatives on June 5, 2014

Approved by Council of the Republic on June 12, 2014

Article 1. Bring in the Economic Procedure Code of the Republic of Belarus of December 15, 1998 in edition of the Law of the Republic of Belarus of August 6, 2004 (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1999, No. 13-14, of Art. 195; National register of legal acts of the Republic of Belarus, 2004, No. 138-139, 2/1064; 2006, No. 6, 2/1173; No. 107, 2/1235; 2007, No. 170, 2/1348; 2008, No. 157, 2/1446; No. 175, 2/1492; 2009, No. 148, 2/1578; 2011, No. 8, 2/1793; No. 78, 2/1837; No. 134, 2/1874; 2012, No. 2, 2/1884; National legal Internet portal of the Republic of Belarus, 23.07. 2013, 2/2057) following changes and amendments:

1. In the text of the Code, except for paragraph of the seventh of Article 1, parts two and third Article 325, paragraph of the seventh of Article 328, paragraph one of Article 329, Article parts one 331, Article part two paragraph two 343, Article parts one 344, Article parts six 352, parts two, the eighth and ninth article 353, of article 354, of part one and paragraph two of part two of Article 355, of Article part two 361, of the name of Article 362, of the name of Article 363, of Article part two 364, of Article part one paragraph two 365, of Article part one 367, of parts one and the second Article 375, of Article part six 380, of Article part six 381, of Article part eight 383, of Article part one 384, of the paragraph of the fourth of Article 386, of Article paragraph two 400, of paragraphs two and the seventh part one and part four of Article 401, of the name and parts two of Article 402 and Article 407, of the word "economic court" and "Economic court" to replace respectively with the words "the court considering economic cases", "the court considering economic cases" and "The court considering economic cases,", "The court considering economic cases" in the corresponding case and number.

2. In Article 1:

in paragraph seven:

"general courts, economic courts" shall be replaced with words words "courts of law";

after words" (arbitration) courts" to add the paragraph with words ", reference tribunals, other permanent arbitration bodies";

to state the paragraph of the eighth in the following edition:

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

from the paragraph of the ninth word", legal executives" to exclude;

after the paragraph of the fourteenth to add Article with the paragraph of the following content:

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

the fifteenth or eighteenth to consider paragraphs respectively paragraphs the sixteenth or nineteenth;

the nineteenth to state the paragraph in the following edition:

"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.".

3. In Article 4:

the fifth to exclude the paragraph;

to consider paragraphs of the sixth and seventh respectively paragraphs the fifth and sixth.

4. To exclude from part two of Article 5 of the word "or execution of executive documents".

5. In Article 7:

in part one:

in paragraph three:

after words "statements - on disputes" to add the paragraph with the words "and to cases";

exclude the words "about excitement of enforcement proceeding;";

and "reference tribunal, the international Arbitration (arbitration) Court which is" to replace words of "writ" respectively with words of "the executive document" and "the international Arbitration (arbitration) Court, reference tribunal, other permanent arbitration body which are";

to add the paragraph of the sixth after words of "legal proceedings" with words "; about consideration of the case according to the procedure of claim production";

in part two of the word "it is in addition transferred" to replace with the word "is given".

6. To state part one of Article 10 in the following edition:

"Justice on economic cases is performed only by court.".

7. The second articles 23 after the word to "protests" to add part with words ", to ideas of reconsideration of the case on newly discovered facts".

8. In Article part two 25, to Article 28, Article parts four 32, Article parts four 53, the paragraph the second Article parts three 66, Article parts two 204, Article parts one 300, paragraphs second and third Articles 301, to Article 302, Article parts two 306, parts one, the second and fourth Article 318 of the word "The Highest Economic" to replace with the word "Supreme" in the corresponding case.

9. In Article 27:

in word part one "the legal entities, the organizations who are not legal entities" shall be replaced with words "the state bodies, local authorities and self-government, other bodies, legal entities, the organizations who are not legal entities, officials";

the fifth after words of" (arbitration) courts" to add part with words ", reference tribunals, other permanent arbitration bodies".

10. The fifth parts one of Article 34 to add the paragraph with words ", other permanent arbitration body".

11. In Article 39:

from word part three", including if the citizen who is not the individual entrepreneur" was involved in participation in case in quality of the third party who is not declaring independent requirements regarding dispute to exclude;

from word part four "the organizations with foreign investments," to exclude.

12. To add article 40 after words of" (arbitration) court" with words ", reference tribunal, other permanent arbitration body".

13. In Article 41:

to exclude from part one of the word "according to the procedure of mandative or claim production";

the second to state part in the following edition:

"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.".

14. In Article 42:

to exclude from paragraph one of the word "according to the procedure of administrative legal proceedings";

after the paragraph of the seventh to add Article with the paragraph of the following content:

"prolongation of suspension (prohibition) of activities of the checked subject, its workshops (production sites), the equipment, production and (or) sales of goods (works, services), operation of vehicles (further - suspension (prohibition) of activities);";

to consider the paragraph of the eighth the paragraph the ninth.

15. In Article 46:

to state the name of Article in the following edition:

"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";

to add paragraph two after words of" (arbitration) courts" with words ", reference tribunals, other permanent arbitration bodies";

in paragraph three:

shall be replaced with words words of "writs" "executive documents";

after words of" (arbitration) courts" to add the paragraph with words ", reference tribunals, other permanent arbitration bodies".

16. Add the Code with Article 46-1 of the following content:

"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 2662 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.".

17. The fifth to state the paragraph to part one of Article 47 in the following edition:

"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;".

18. In Article 48:

state part one in the following edition:

"The cases subordinated to the court considering economic cases are considered on the first instance by economic court of area (city of Minsk), except for the cases referred to cognizance of the Supreme Court of the Republic of Belarus.";

in paragraphs one and the fifth parts two and parts three of the word "The Highest Economic" and "The Highest Economic" to replace respectively with the words "Supreme" and "Supreme".

19. In Article 51:

the seventh to exclude part;

the eighth or twelfth to consider parts respectively parts of the seventh or eleventh;

the seventh to state part in the following edition:

"Petitions for cancellation of the decision of the international Arbitration (arbitration) Court, the reference tribunal, other permanent arbitration body which is in the territory of the Republic of Belarus are declared filed a lawsuit), considering economic cases, in the location of the international Arbitration (arbitration) Court, reference tribunal, other permanent arbitration body, passed the decision.";

in part eight the word of the "reference tribunal which is shall be replaced with words, other permanent arbitration body which are";

"state" to exclude the word from part ten;

after part ten to add Article with parts of the following content:

"Claims to answers to addresses of legal entities, individual entrepreneurs and citizens are filed a lawsuit, considering economic cases, at the place of residence (the place of stay) or the location of the applicant.

The statement for prolongation of suspension (prohibition) of activities is filed a lawsuit, considering economic cases, in the place of implementation of the suspended (prohibited) activities. If suspension (prohibition) of activities of the checked subject covers all territory of the Republic of Belarus or several its areas, the statement for prolongation of suspension (prohibition) of activities is filed a lawsuit, considering economic cases, at the place of residence (the place of stay) or the location of the checked subject.";

the eleventh to consider part part thirteen.

20. Third articles 54 after the words "interested persons-" to add the paragraph with the words "on the disputes and cases arising from administrative and other public legal relationship;".

21. In Article 55:

after part one to add Article with part of the following content:

"Persons participating in the case having the right to bring into the court considering economic cases, documents in electronic form in the procedure established by the legislation.";

the second or fifth to consider parts respectively parts of the third or sixth.

22. In part five of Article 60 of the word "legal acts provide" shall be replaced with words its obligatory participation "its obligatory participation is provided by legal acts or follows from being of dispute".

23. In Article 62:

state part one in the following edition:

"In case of disposal of the party from case (reorganization of the legal entity, the death of the individual entrepreneur or citizen, requirement concession, transfer of debt and other cases of change of persons in obligations) the court considering economic cases performs replacement of this party with her legal successor according to the written petition of the legal successor, one of the parties, and also on representation of the legal executive. The legal succession is possible at any stage of economic process.";

after part one to add Article with part of the following content:

"In case of suspension of proceeedings in case of disposal of the party from case with occurrence of legal succession process is resumed from that legal proceeding on which it was suspended.";

second and third to consider parts respectively parts three and the fourth.

24. The fourth Article 64 to state part in the following edition:

"About the introduction in case or on refusal in the introduction to the third party declaring independent requirements regarding dispute, the court considering economic cases takes out determination which can be appealed according to the procedure, established by this Code.".

25. The fifth Article 65 to state part in the following edition:

"About attraction to participation in case or about refusal in attraction to participation in case of the third party who is not declaring independent requirements regarding dispute, the court considering economic cases takes out determination which can be appealed according to the procedure, established by this Code.".

26. In Article 70:

after part five to add Article with part of the following content:

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