of May 31, 2007 No. 9
About application of the Economic Procedure Code of the Republic of Belarus in case of review of court decrees according to the procedure of supervision
Plenum of Supreme Economic Court of the Republic of Belarus, being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, having considered materials of generalization of court practice and legal statistics on supervising production, for the purpose of uniform application of the procedural legislation in case of review of court decrees according to the procedure of supervision decided to accept the following resolution.
1. Review of court decrees according to the procedure of supervision is exclusive stage of economic process for which characteristics of initiation of supervising production, considerations of the claim according to the procedure of supervision (representation, the petition) on the court decrees which took legal effect and bringing of protest according to the procedure of supervision, and also the legal proceedings in economic court of supervising instance.
2. According to part one of Article 303 of the Economic Procedure Code of the Republic of Belarus (further - HPK) the right to submission of the claim according to the procedure of supervision to the court decrees of economic courts which took legal effect is had as persons participating in case and persons whose rights and legitimate interests are violated by the court decree issued on case.
With respect thereto it must be kept in mind that persons who are not participating in case whose rights and legitimate interests are violated by the court decree have the right to get acquainted with case papers based on the written application containing specifying on file number and acceptance date of the court decree, and also on the rights and legitimate interests which are violated by the court decree which took legal effect.
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