of December 26, 2024 No. 8
About court practice of application of the legislation on insolvency settlement
Having discussed results of studying and generalization of court practice on insolvency matters or bankruptcy (further - cases on insolvency settlement), for the purpose of ensuring the correct and uniform application of the legislation by the courts considering economic cases (further if other is not provided, - courts), DECIDES: the Plenum of the Supreme Court of the Republic of Belarus
1. Draw the attention of courts that the correct solution of question of adoption of statements and initiation of production on cases on insolvency settlement, legal and reasonable consideration of such cases, holding the procedures applied in course of production on cases are important remedy of the rights and legitimate interests of citizens, legal entities, individual entrepreneurs, are directed to the prevention of insolvency, implementation of effective economic activity and recovery of solvency of debtors, satisfaction of requirements of creditors, promote ensuring economic safety of the Republic of Belarus.
2. Cases on settlement of insolvency are considered by courts on the first instance according to the procedure, provided by the Economic Procedure Code of the Republic of Belarus (further - HPK), taking into account the features established by the Law of the Republic of Belarus of December 13, 2022 No. 227-Z "About insolvency settlement" (further - the Law No. 227-Z) and acts of the President of the Republic of Belarus (Item 1 of article 16 of the Law No. 227-Z).
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