LAW OF THE REPUBLIC OF BELARUS

of December 18, 2019 No. 277-Z

About change of the laws

Accepted by the House of Representatives on November 27, 2019

Approved by Council of the Republic on December 3, 2019

Article 1. To state Article 10 of the Civil code of the Republic of Belarus of December 7, 1998 in the following edition:

"Article 10. Judicial protection of the civil laws

1. Protection of the violated or disputed civil laws is performed by court of law, reference tribunal (further - court) according to the jurisdiction established by the procedural legislation, and in stipulated by the legislation cases - according to the agreement.

2. By the legislation or the agreement (if it does not contradict the legislation) dispute settlement between the parties before appeal to the court can be provided.

Before appeal to the court with the claim for disputes between legal entities and (or) individual entrepreneurs presentation of the claim (the written offer on voluntary dispute settlement) or mediation application are obligatory if other is not established by this Code, other legal acts or the agreement. The procedure for presentation of the claim, and also procedure for application and carrying out mediation are established by the legislation and (or) the agreement.

3. Protection of the civil laws is administratively performed only in cases, stipulated by the legislation. The decision made administratively can be appealed in court.".

Article 2. Bring in the Economic Procedure Code of the Republic of Belarus of December 15, 1998 the following changes:

1. To state part one of Article 40-1 in the following edition:

"The economic (economic) dispute which arose from civil legal relationship and subordinated to the court considering economic cases according to the written agreement of the parties or from their consent at the initiative of court before removal of court for pronouncement of the court decree on the substance of dispute can be transferred to the consultative room for settlement by the parties with participation of mediator (mediators).".

2. Article 46 in paragraph four "answering" to replace the word with the word of "corresponding".

3. The seventeenth Article 151 to state the paragraph in the following edition:

"the court considering economic cases takes out determination about transfer of dispute for settlement by the parties with participation of mediator (mediators).".

4. The fifth articles 170 after the paragraph of the sixth to add part with the paragraph of the following content:

"resolves issue of transfer of dispute for settlement by the parties with participation of mediator (mediators);".

5. The second Article 171 after paragraph two to add part with the paragraph of the following content:

"takes out determination about transfer of dispute for settlement by the parties with participation of mediator (mediators);".

6. To add part one of Article 172 with words ", including to object to transfer of dispute by the court considering economic cases for settlement by the parties with participation of mediator (mediators)".

7. In Article 262-1:

in part one "answering" to replace the word with the word of "corresponding";

third to add part with the paragraph of the following content:

"the document confirming payment of the state fee.".

8. State Article 262-3 in the following edition:

"Article 262-3. Refusal in issue of the executive document for forced execution of the mediativny agreement

The court considering economic cases refuses issue of the executive document for forced execution of the mediativny agreement if determines that the mediativny agreement does not conform to requirements of this Code about the voluntary settlement and (or) the mediativny agreement is signed with participation of person which does not have the certificate of mediator granted by the Ministry of Justice of the Republic of Belarus.

The refusal in issue of the executive document for forced execution of the mediativny agreement does not interfere with appeal to the court, considering economic cases, for the dispute resolution by the rules established by this Code.".

Article 3. Bring in the Code of civil procedure of the Republic of Belarus of January 11, 1999 the following changes:

1. Part the second articles 5 after words "execution of the laws," to add with words "cooperation in case of the dispute resolution,".

2. The second Article 6 to add part with the words "or for settlement with participation of mediator (mediators)".

3. Add the Code with Article 39-1 of the following content:

"Article 39-1. Dispute settlement with participation of mediator (mediators)

The dispute which arose from civil, family, employment, other legal relationship and subordinated to court over the written agreement of the parties before removal of court for pronouncement of the court decree on the substance of dispute can be transferred to the consultative room for settlement by the parties with participation of mediator (mediators).".

4. To state Item 4-1 of part one of Article 160 in the following edition:

"4-1) conclusions agreement parties about mediation application, except for case, stipulated in Item 5 parts one of article 165 of this Code;".

5. In Article 165:

add part one with Item 5 of the following content:

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