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

of June 26, 2003 No. 7

About practice of consideration of civil cases according to the procedure of judicial supervision

Having discussed materials of generalization of court practice about consideration of civil cases according to the procedure of judicial supervision, for the purpose of remedial action and uniform application of the procedural legislation the Plenum of the Supreme Court

decides:

1. Draw the attention of Supervisory Courts to need of strict observance of the procedural legislation regulating procedure for proceedings in Supervisory Court, having at the same time in type that owing to p.1 Art. 445 GPK by hearing of cases according to the procedure of supervision rules GPK for hearing of cases in Trial Court with withdrawals and amendments, predusmotrennymiglavy 33 GPK are applied.

The Supervisory Court has the right to apply also by analogy the procedural rules regulating proceedings in cassation procedure.

2. Owing to Chapter provisions 33 GPK case according to the procedure of supervision can be initiated only at the initiative of the officials having rights of bringing of protests to the court decrees which took legal effect (the Art. 439 GPK). The bases to bringing of protests are fundamental breaches of regulations of substantive and procedural law. As review according to the procedure of supervision is exclusive procedure for test of legality and justification of court decrees, protests on court decrees only on the formal bases cannot be brought.

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