of October 28, 2005 No. 25
About practice of consideration by economic courts of cases on release of property from arrest (exception of the act of the inventory)
Plenum of Supreme Economic Court of the Republic of Belarus, being guided by articles 14-16 of the Law of the Republic of Belarus of December 9, 1998 "About economic courts in the Republic of Belarus" (Vedamasts? Natsyyanalnaga to descent Respubl? to? Belarus, 1999, No. 2, Art. 32),
DECIDES:
1. Disputes on release of property from arrest or exception of the act of the inventory (further - release of property from arrest) are considered by economic courts of the Republic of Belarus (further - economic courts) by rules of claim production irrespective of the bases of arrest, stipulated by the legislation, and also bodies and the officials who seized property. By consideration of the specified disputes Chapter 20 regulations "Protection of the property right and other corporeal rights" (Article 282-286) of the Civil code of the Republic of Belarus are applied (further - group of companies).
The followed realization of the arrested and the withdrawn property is not the basis for refusal in adoption of the action for declaration about release of property from arrest.
2. Economic courts consider claims for release of property from arrest in cases if the parties in economic process are legal entities and individual entrepreneurs, and in the cases provided by legal acts - the organizations, not being legal entities, and the citizens who are not individual entrepreneurs (Article 58 of the Economic Procedure Code of the Republic of Belarus (further - HPK).
If one of the parties in dispute is the individual entrepreneur, then the economic court has the right to consider the claim for release of property from arrest only in that case when the disputable property intends or intended for use in business activity of the individual entrepreneur or in other purposes which are not connected with personal, family, home and other similar use.
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