RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of June 29, 2006 No. 4

About practice of consideration by courts of statements according to the procedure of mandative production

Having discussed practice of consideration by courts of statements according to the procedure of mandative production, for the purpose of remedial action and 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 mandative production is independent type of civil legal proceedings in which the judge in the cases established by the law according to the statement of the claimant without carrying out judicial session and challenge of the parties based on the submitted documents assigns obligation to the debtor to pay sum of money or to transfer personal estate.

The list of requirements established by the Art. 394 GPK which can be considered according to the procedure of mandative production is exhaustive and is not subject to extensive interpretation.

2. Explain to courts that mandative production can be initiated only according to the statement which contents shall conform to requirements of the Art. 395 GPK.

Submission of the copy of the application by the applicant in mandative production is not provided.

In the presence in the statement of shortcomings the judge, being guided by rules of the Art. 111 GPK, leaves it without movement and provides term for their correction if shortcomings are not the basis for refusal in adoption of the statement according to the Art. 396 GPK. In this case the term of consideration of the application is estimated in relation to the p. 2 of the Art. 248 GPK from the date of correction of shortcomings.

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