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

of June 25, 2015 No. 7

About some questions of application by courts of the legislation on economic insolvency (bankruptcy)

The plenum of the Supreme Court of the Republic of Belarus notes that legal and reasonable holding procedures by courts of economic insolvency (bankruptcy) promotes ensuring economic safety of the Republic of Belarus, protection of the labor and social rights and freedoms of citizens, is important for implementation of measures for the prevention of economic insolvency (bankruptcy), the organization of control of activities of interim (anti-recessionary) managers.

Having discussed court practice, for the purpose of the correct and uniform application by courts of the legislation on economic insolvency (bankruptcy) the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that put about economic insolvency (bankruptcy) (further - case on bankruptcy) debtors - legal entities and individual entrepreneurs (further - the debtor) are considered by the rules established by the Economic Procedure Code of the Republic of Belarus (further - HPK), taking into account the features provided by the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" (The national legal Internet portal of the Republic of Belarus, 24.07. 2012, 2/1967; 11:01. 2014, 2/2102) (further - the Law) and acts of the President of the Republic of Belarus.

On cases on bankruptcy terms according to their values given in article 1 of the Law are applied.

2. Explain that the legislation on economic insolvency (bankruptcy) should be applied to the debtors specified in Articles 24, of 61 Civil code of the Republic of Belarus (further - group of companies), the paragraph the ninth article 1 of the Law.

At the same time courts need to consider what concerning the subjects listed in article 3 of the Law, the legislation on economic insolvency (bankruptcy), except for Articles 17-19 and part five of article 110 of the Law does not extend. Liquidating production cannot be applied to the legal entities and individual entrepreneurs specified in part nine of article 140 of the Law if other is not established by the President of the Republic of Belarus. The voluntary settlement, the protective period and sanitation on cases on bankruptcy of banks and the absent debtors (Article part two 172, part six of article 237 of the Law), and also the protective period concerning the liquidated legal entity (part seven of article 234 of the Law) are not subject to application.

3. Courts within the competence should take measures for the prevention of economic insolvency (bankruptcy) of subjects of managing, including by removal of private determination according to the procedure, the stipulated in Clause 20 Laws.

In case of the solution of question of introduction of the protective period on cases on bankruptcy courts need to research the documents confirming implementation by persons specified in part one of article 17 of the Law, measures for improvement of financial condition of the debtor. If the decision of authorized body on carrying out pre-judicial improvement has formal character or measures determined by the plan of pre-judicial improvement were inefficient, the court has the right to refuse establishment of the protective period lasting over three months (part one, the second article 39 of the Law).

4. Courts need to consider that, by the general rule (part one of article 48 of the Law), case on bankruptcy is considered in court session in time, not exceeding eight months from the date of receipt of the statement for economic insolvency (bankruptcy) of the debtor in court. Within the specified term consideration of the case can be postponed for term no more than two months.

The decision on opening of liquidating production when carrying out insolvency proceedings in the simplified procedure (the Section VI of the Law) is made by court in the relation:

the liquidated debtor - within four months from the date of initiation of proceeedings, and in case of non-presentation to court of the documents provided by the Law no later than six months from the moment of opening of bankruptcy proceedings;

the absent debtor - within three months from the date of initiation of proceeedings, and in case of non-presentation to court of the documents provided by the Law no later than five months from the moment of opening of bankruptcy proceedings.

Prolongation of sanitation or liquidating production is allowed within the terms established by Articles 125, of 140, 237 Laws. At the same time prolongation of term for settlings with creditors following the results of sanitation over the Law established by part two of Article 136 is not provided.

5. Explain to courts that consideration of the case about bankruptcy includes also the dispute resolution about recognition of requirements of creditors (article 96 of the Law), statements of the interim (anti-recessionary) manager (further - the managing director), including about the disagreements which arose between it and creditors, and also claims of creditors, the other persons who are participating in the case of bankruptcy, about violation managing their rights and interests (article 54 of the Law), statements for release of the managing director from fulfillment of duties (article 74 of the Law), etc. (further - separate dispute), subject to consideration by the rules established by HPK taking into account the features and terms provided by the Law for their consideration.

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