of June 29, 2016 No. 3
About conciliation of the parties by consideration of civil and economic disputes by courts
(In edition of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of 28.09.2017 No. 11)
Having discussed results of generalization of practice of conciliation of the parties by consideration of civil and economic disputes, for the purpose of ensuring the correct and uniform application of the procedural legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:
1. Draw the attention of courts that achievement by the parties of civil and economic disputes of conciliation, settlement and the dispute resolution without carrying out legal proceedings in essence is one of the priority directions of optimization of judicial loading and further enhancement of judicial activities.
Conciliation of the parties promotes forming of culture of constructive permission of conflict situations, recovery and strengthening of partnership, economy of budgetary funds, reduction of the court costs assigned to the parties, provides effective protection of the rights and legitimate interests of citizens, legal entities and the state.
2. It must be kept in mind that conciliation of the parties is allowed in court at any stage of civil or economic process from the moment of initiation of proceeedings, and also in enforcement proceeding.
Conciliation of the parties can be reached both with assistance of court, and by mediation application. On economic cases for the purpose of dispute settlement holding conciliatory procedure is possible.
The conclusion of the voluntary settlement, the mediativny agreement, the conciliation agreement, refusal of the claimant of the claim or recognition of the claim by the defendant can be result of conciliation.
3. The court should render active assistance in achievement of conciliation by the parties on specific dispute, if necessary to explain them benefits, procedure and consequences of carrying out mediation or the conciliatory procedure, the conclusion of the mediativny agreement, the conciliation agreement, the voluntary settlement. The explanation of the right to conciliation is reflected in court documents (for example, determination about adoption of the action for declaration and initiation of proceeedings or about initiation of proceedings and preparation it to legal proceedings, the protocol of preliminary judicial session).
4. Explain to courts that the claimant, the defendant, procedural accomplices (claimants, defendants), and also the third parties declaring independent requirements regarding dispute as they have procedural law and the claimant's obligations (Article 65 of the Code of civil procedure of the Republic of Belarus (further - GPK), Article 64 of the Economic Procedure Code of the Republic of Belarus have the right to the conclusion of the voluntary settlement, participation in mediation or the conciliatory procedure (further - HPK)).
The third parties who are not declaring independent requirements regarding dispute rights of the Party are in full not given also the right to the conclusion of the voluntary settlement, the agreement on application of mediation, the mediativny agreement, the conciliation agreement have no.
5. It is necessary to consider that agents of the parties and the third parties declaring independent requirements regarding the dispute having the right to sign the voluntary settlement, the agreement on mediation application, the mediativny agreement, and over economic disputes - also the conciliation agreement only in cases if such right is specially stipulated in the power of attorney issued to them represented.
The document confirming special powers of the representative is subject to attaching to case papers.
On civil disputes citizens can authorize the representatives on making of the specified actions by also oral statement made in court which is subject to entering in the protocol of judicial session (Article part four 76 GPK).
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