LAW OF THE REPUBLIC OF BELARUS

of January 5, 2016 No. 356-Z

About modification and amendments in some codes of the Republic of Belarus

It is accepted by the House of Representatives on December 18, 2015

Approved by Council of the Republic on December 18, 2015

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 (Vedamasts_ Natsyyanalnaga to descent of Respubl_k_ Belarus, 1999, No. 13-14, of Art. 195; National register of legal acts of the Republic of Belarus, 2004, No. 138-139, 2/1064; 2008, No. 175, 2/1492; 2011, No. 8, 2/1793; National legal Internet portal of the Republic of Belarus, 23.07. 2013, 2/2057; 10:07. 2014, 2/2172) following changes and amendments:

1. In Article 53:

to state the name of Article in the following edition:

"Article 53. Case referral, accepted by court to the production, in other court";

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

"The court considering economic cases submits case of other court of law if when considering the case it is determined that it is accepted to production with cognizance abuse of regulations.";

the third and fourth to consider parts respectively parts four and heel;

from word part four", considering economic cases," to exclude;

the fifth to state part in the following edition:

"Case referral from one court in another is made after term on appeal.";

add Article with part six of the following content:

"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.".

2. In Article 66 part three:

in the paragraph the second shall be replaced with words the words "and the prosecutors equated to them" ", the city of Minsk";

third to state the paragraph in the following edition:

"in other courts considering economic cases - the Attorney-General of the Republic of Belarus, prosecutors of areas, the city of Minsk and their deputies, and also prosecutors of areas, areas in the cities, the cities, the interdistrict and equated to them transport prosecutors and their deputies.".

3. The paragraph third Article parts two 159, the paragraph the fourth parts three of Article 166 and the paragraph third Article 221 parts two after the word "phones" to add with the words "faxes and".

4. Third of Article 220 to add part with the paragraph the fifth the following content:

"collection on which according to legal acts it is performed by making by the notary of executive text.".

5. In paragraphs three and the fourth part two of Article 262-1 of the word "and contact telephone numbers" shall be replaced with words ", contact telephone numbers, faxes and e-mail addresses (in case of their availability)".

6. In part five of Article 281 and part six of Article 298 of the word "Resolution" and "its acceptances" to replace respectively with the words "Copy of the Resolution" and "adoptions of the court order considering economic cases".

7. In Article 283:

part one after the word "is" to add with the word "judicial";

in part two shall be replaced with words the word "Board" "The judicial board".

8. In Article 284 the word "board" shall be replaced with words "judicial board".

9. In Article 318:

the fourth to state part in the following edition:

"The resolution of Presidium of the Supreme Court of the Republic of Belarus is signed by the chairman. Plenum's resolution of the Supreme Court of the Republic of Belarus is signed by the chairman and the secretary Plenuma of the Supreme Court of the Republic of Belarus.";

in part five of the word "and no later than ten days from the date of its acceptance" shall be replaced with words ", and no later than ten days from the date of its acceptance the copy of the resolution".

Article 2. Bring in the Code of civil procedure of the Republic of Belarus of January 11, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 18-19, 2/13; No. 54, 2/56; 2006, No. 179, 2/1270; 2007, No. 264, 2/1378; 2009, No. 148, 2/1578; National legal Internet portal of the Republic of Belarus, 19.07. 2012, 2/1963; 10:07. 2014, 2/2173) following changes and amendments:

1. From part three of Article 81 of the word", the prosecutors equated to them" to exclude.

2. In Article 109 part one:

Item 2 add with words ", their contact telephone numbers, faxes and e-mail addresses (in case of their availability)";

Item 3 after words "(location)" to add with words ", contact telephone numbers, faxes and e-mail addresses (in case of their availability)".

3. In Article 143:

in part two of the word "and also with use" shall be replaced with words "The SMS message, with use of fax connection, global computer Internet, including e-mail, and also";

in part three:

after the word "are delivered" to add part with the word by "mail";

shall be replaced with words the words "it can be directed" "or other notice can be directed";

the fourth to state part in the following edition:

"The agenda or other notice addressed to the legal entity go in the place of its stay.".

4. To state part one of Article 175 in the following edition:

"Protocols are constituted by the court session secretary (the court session secretary - the assistant judge) in judicial session or when making separate legal proceeding out of meeting. The protocol shall be prepared in writing. Can be applied to ensuring completeness of the protocol of judicial session shorthand, zvuko-or video, systems of video conferencing. In this case the shorthand report, soundtrack or video are attached to the protocol of judicial session in which the corresponding entry is made.".

5. Part the second articles 178 after the word of "witnesses" to add with the words "including the video conferencings received by use of systems".

6. Add the Code with Article 185-1 of the following content:

"Article 185-1. Participation in judicial session by use of systems of video conferencing

The parties and other persons who are legally interested in the outcome of the case, witnesses can participate in judicial session, including in preparatory judicial session, by use of systems of video conferencing.

The court can refuse use of systems of video conferencing when considering the case in cases if:

there is no technical capability for participation in judicial session with use of systems of video conferencing;

trial of case is performed in the closed judicial session.

The court can postpone legal proceedings in case of technical malfunctions in work of systems of video conferencing.

The evidence produced in judicial session in the court performing the organization of video conferencing is taken to court, considering case, no later than the day following behind day of carrying out judicial session.".

7. Add Article 262 with Item 9-1 of the following content:

"9-1) resolves question of use of systems of video conferencing;".

8. Add Article 267 with part six of the following content:

"In case of need uses during judicial session of means zvuko-or videos, systems of video conferencing and other technical means the court warns about it persons participating in judicial session.".

9. In Article 394:

add part one with item 4 of the following content:

"4) the requirement is based on the transaction made in simple written form.";

add Article with part four of the following content:

"Are not subject to consideration according to the procedure of mandative production of the requirement on collection according to which legal acts of the Republic of Belarus is performed by making by the notary of executive text.".

10. To exclude from part five of Article 438 of the word "and the prosecutors equated to them".

11. To exclude from Item 2 of Article 439 of the word "and the prosecutors equated to them".

Article 3. Bring in the Criminal code of the Republic of Belarus of July 9, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 76, 2/50; 2002, No. 75, 2/861; 2003, No. 8, 2/922; No. 83, 2/974; 2006, No. 1, 2/1168; No. 111, 2/1242; 2007, No. 175, 2/1371; 2008, No. 1, 2/1388; No. 184, 2/1508, 2/1514; 2011, No. 4, 2/1775; No. 127, 2/1861; No. 134, 2/1870; National legal Internet portal of the Republic of Belarus, 19.07. 2012, 2/1960; 01:11. 2012, 2/1987; 17:01. 2015, 2/2239; 22:01. 2015, 2/2240; 03:02. 2015, 2/2243) following changes and amendments:

1. To state Item 5 of part 5 of Article 4 in the following edition:

"5) prosecutors of areas, the city of Minsk, areas, areas in the cities, the cities, the interdistrict and equated to them transport prosecutors and their deputies;".

2. In Article 6:

the first offer of part 1 to add with words ", except the cases provided by part 11 of this Article";

add Article with part of 1-1 following content:

"1-1. Citizens of the Republic of Belarus or the person without citizenship who is constantly living in the republic, the crimes which committed outside the Republic of Belarus provided by Chapter 32, Articles 373-375 of this Code are subject to responsibility under this Code if they did not bear criminal liability in foreign state.";

to add part 2 after the word of "making" with words "heavy and";

regarding 4 words "second or third" shall be replaced with words "2 or 3".

3. Regarding the 2nd Article 27:

add part with Item 11-1 of the following content:

"11-1) plunder by use of the computer equipment (Article 212);";

"water" to exclude the word from Item 12;

in Item 13 of the word "second and third" shall be replaced with words "2 and 3";

add part with Item 22 following of content:

"22) evasion from serving sentence in the form of restriction of freedom (Article 415).".

4. In Article 33:

in part 1:

in Items 1, of 6, of 8, of 9, of 12, of 16, of 17, of 19, of 21, to replace the 25 and 27 word "first" with figure "1";

in Item 11 of the word "the first and second" shall be replaced with words "1 and 2";

state Item 15 in the following edition:

"15) copyright violation, related rights and right of industrial property (Article 201);";

in Item 24-1 of the word "and" and "first" to replace respectively with the word "or" and figure "1";

to add Item 26 after the word "plunder" with the words "or destruction";

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