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

of December 23, 2005 No. 33

About some questions of consideration of the disputes following from the construction contract

For the purpose of ensuring uniformity of court practice by consideration of the disputes following from the construction contract, the 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, of the Art. 32), decides to give to economic courts of the Republic of Belarus (further - economic courts) the following explanations.

1. By consideration of the disputes following from the construction contract 3 Chapters 37 of the Civil code of the Republic of Belarus (further - group of companies) and general regulations of group of companies about the agreement and obligations, the provisions of the law of the Republic of Belarus of July 5, 2004 "About architectural, town-planning and construction activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 109, 2/1049) (further - the Law on architectural, town-planning and construction activities), Rules of the conclusion and execution of agreements (contracts) of the construction contract approved by the resolution of Council of Ministers of the Republic of Belarus of September 15, 1998 No. 1450 are subject to application of regulation of paragraphs 1, of 2, (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1998, No. 26, Art. 683; The National register of legal acts of the Republic of Belarus, 2005, No. 2, 5/15383) (further - Rules).

It is necessary to consider that legal regulation of this type of legal relationship is performed also by regulatory legal acts of the ministries, other republican state bodies, local authorities of management and self-government published in the cases and limits provided by legal acts, orders of the President of the Republic of Belarus and the orders of the Government of the Republic of Belarus (Item 1 of Article 3 of group of companies).

In particular, treat such regulatory legal acts: The regulations on the prime contractor in construction approved by the order of the Ministry of Architecture of the Republic of Belarus of August 31, 1999 No. 260 (The national register of legal acts of the Republic of Belarus, 1999, No. 74, 8/853; 2005, No. 60, 8/12444); The Instruction about the builder, the customer in construction approved by the order of the Ministry of Architecture of the Republic of Belarus of June 22, 1999 No. 174 (The national register of legal acts of the Republic of Belarus, 1999, No. 67, 8/570; 2005, No. 18, 8/12004); Acceptance procedures of the executed type (complex) of construction works approved by the order of the Ministry of Architecture of August 30, 1999 No. 255 (The national register of legal acts of the Republic of Belarus, 1999, No. 73, 8/849).

2. Owing to article 1 of the Law of the Republic of Belarus of January 10, 2000 "About regulatory legal acts of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2000, No. 7, 2/136) technical regulations, technical codes of common practice, standards, including state standards of the Republic of Belarus, standards of the organizations, specifications approved (enacted) according to the procedure, established by the legislation of the Republic of Belarus, including in the field of construction, belong to technical regulatory legal acts.

The order of the Ministry of Architecture of the Republic of Belarus of July 18, 2005 No. 172 (The newsletter of Minstroyarkhitektura of the Republic of Belarus, 2005, 8) is approved No. and the technical code of common practice "System of technical regulation and standardization of the Republic of Belarus becomes effective since January 1, 2006. National complex of technical regulatory legal acts in the field of architecture and construction. Basic provisions" (TKP 45-1.01-4-2005 (02250) (further - TKP 45-1.01-4-2005 (02250).

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