of December 20, 2018 No. 10
About some questions of application of the legislation by consideration by courts of the economic cases connected with state registration and liquidation (the activities termination) of subjects of managing
Having discussed results of studying and generalization of court practice, for the purpose of ensuring the correct and uniform application of the legislation by consideration of the economic cases connected with state registration and liquidation (the activities termination) of subjects of managing, the Plenum of the Supreme Court of the Republic of Belarus DECIDES:
1. Draw the attention of the courts considering economic cases (further - economic courts) that the correct and uniform application of the legislation by consideration of the economic cases connected with state registration of subjects of managing, the changes and (or) additions made to constituent documents of legal entities, the changes made to certificates on state registration of individual entrepreneurs (further - state registration), and liquidation (the activities termination) of subjects of managing (further if other is not provided, - liquidation), is important sales term guaranteed by the Constitution of the Republic of Belarus (Article 13) of equal opportunities of free use of capabilities and property for the entrepreneurial and other not prohibited by the law economic activity, it is designed to promote law enforcement in activities of subjects of managing and to protect the rights and legitimate interests of legal entities, citizens, including individual entrepreneurs.
2. Economic courts need to mean that the relations connected with state registration and liquidation are regulated by the Civil code of the Republic of Belarus (further - group of companies), the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1 "About state registration and liquidation (the activities termination) of subjects of managing" (further - the Decree No. 1), and also other regulatory legal acts of the Republic of Belarus.
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