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

of December 23, 2014 No. 18

About application by courts of the legislation on recognition and execution of foreign judgements and foreign arbitral decisions

For the purpose of ensuring unity of court practice of application of international treaties and improvement of quality of implementation of justice by consideration by courts of law of cases on recognition and execution in the territory of the Republic of Belarus of foreign judgements, arbitration (reference tribunals) the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that strict observance of procedure and terms of consideration of petitions for permission of forced execution of court decrees of foreign vessels and decisions of foreign arbitration (reference tribunals), and also statements for recognition and carrying out of foreign judgements and foreign arbitral decisions (further - recognition and execution of foreign judgements) in the territory of the Republic of Belarus promotes increase in the international authority of the state, is guarantee of execution of the international obligations in the field of protection of the rights and legitimate interests of the physical, legal entities and the organizations who are not legal entities.

2. In the Republic of Belarus foreign judgements are recognized and performed if it is provided by the international treaty of the Republic of Belarus or on the basis of the principle of reciprocity.

Foreign judgements which do not require forced execution are recognized as owing to international treaties which participant is the Republic of Belarus, and cases if such recognition is provided by its legislation.

3. Questions of recognition and execution of foreign judgements in the territory of the Republic of Belarus are regulated by the Constitution of the Republic of Belarus, the Code of civil procedure of the Republic of Belarus (further - GPK), the Economic Procedure Code of the Republic of Belarus (further - HPK). Also are applied to the called questions:

multi-lateral international agreements which, in particular, treat the Convention on recognition and carrying out of foreign arbitral decisions signed in New York on June 10, 1958 (further - the New York Convention), the Convention on the international access to justice signed in the Hague on October 25, 1980, the Convention on legal assistance and legal relations on civil, family and criminal cases signed in Minsk on January 22, 1993 (further - the Minsk convention), the Protocol to the Convention on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993 signed in Moscow on March 28, 1997, the Convention on legal assistance and the legal relations on civil, family and criminal cases signed in Chisinau on October 7, 2002, the Agreement on procedure for the dispute resolution, connected with implementation of economic activity signed in Kiev on March 20, 1992;

bilateral international agreements of the Republic of Belarus about legal assistance with the Republic of Lithuania (Vilnius, on October 20, 1992), People's Republic of China (Beijing, on January 11, 1993), the Republic of Latvia (Minsk, on February 21, 1994), the Republic of Poland (Minsk, on October 26, 1994), the Socialist Republic of Vietnam (Minsk, on September 14, 2000), the Islamic Republic of Iran (Tehran, on November 7, 2006), the Republic of Bulgaria (Minsk, on February 21, 2007), the Republic Serbia (Minsk, on March 12, 2013) and others, including those bilateral agreements of the USSR concerning which the legal succession is recognized as the Republic of Belarus (for example, the Contract between the Union of Soviet Socialist Republics and the Hungarian People's Republic on rendering legal assistance on civil, family and criminal cases signed in Moscow on July 15, 1958).

4. Considering petitions (statement), courts should recognize that the international agreements concerning recognition and execution of foreign judgements extend only to the State Parties. Those international agreements which became effective later have priority if the international treaty does not establish other.

In the presence between participants of multi-lateral agreements concerning recognition and execution of foreign judgements of also bilateral agreements or special agreements the relevant standards of bilateral agreements or special agreements shall be applied.

If the international treaty, one of the parties of which is the Republic of Belarus, others are established, in comparison with the national legal system, regulations, the court by consideration of petitions (statements) applies provisions of the international treaty (Article 543 GPK and article 247 HPK).

5. Procedural form of appeal to the court is the petition (Appendix 4 to GPK) or the statement (Chapter 28 of HPK).

Before initiation of proceedings the judge shall check whether there corresponds the petition (statement) on form and content to requirements of the procedural legislation (Article 3 of Appendix 4 to GPK, article 246 HPK), whether necessary documents are attached to it, in particular that the foreign judgment took legal effect and (or) is subject to execution if it is not visible from the text of the decision; whether there was party against which the decision is passed, not taken part in process, timely and is in due form informed on consideration of the case; the document on in what part or since what time execution of the decision is required if it was performed earlier; in case of filing of application in the court considering economic cases, the document confirming payment of the state fee.

In case of discrepancy of the petition (statement) to requirements imposed by the legislation or if necessary official documents are not attached to it or they are not supplied with certified translation on Belarusian or Russian, the judge returns the petition (statement) to the body or person which directed it for correction of shortcomings.

6. Courts need to consider that according to the Agreement between the Republic of Belarus and the Russian Federation on procedure for mutual execution of court resolutions of economic courts of the Republic of Belarus and Arbitration Courts of the Russian Federation made in Moscow on January 17, 2001 court resolutions of competent courts of the parties do not need the special procedure of recognition and court resolutions of courts of the state, based on executive documents of the courts which made decisions are performed in the same procedure, as.

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