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

of June 28, 2002 No. 4

About application by courts of the regulations of the Code of civil procedure regulating proceedings in cassation procedure

Having discussed materials of generalization of court practice on hearing of cases in cassation procedure, for the purpose of realization of provisions of Art. 115 of the Constitution of the Republic of Belarus providing the right to appeal of court decrees, ensuring the correct and timely hearing of cases in cassation procedure, increases in efficiency of cassation production, the Plenum of the Supreme Court of the Republic of Belarus

decides:

1. Draw the attention of courts that by hearing of cases in cassation procedure for check of legality and justification of the appealed (protested) decision in full the court of cassation instance should find out: whether are considered by Trial Court in case of decision all facts entering proof subject; whether the facts which are been by court the basis for the decision, sufficient and mathematical evidences are confirmed; whether there correspond conclusions in the decision to established facts; whether regulations of substantive or procedural law are broken; whether correctly these regulations are applied (st.st.401-404 by GPK).

2. Legality and justification of the decision checks court of cassation instance as on available in case, and to the new proofs which arrived prior to the beginning of or during consideration of the case.

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