of November 10, 2010 No. 6
About Regulations of the Plenum of Supreme Economic Court of the Republic of Belarus
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, DECIDES:
1. Approve Regulations of the Plenum of Supreme Economic Court of the Republic of Belarus.
2. Recognize to invalid:
the resolution of the Plenum of Supreme Economic Court of the Republic of Belarus of December 7, 2000 No. 17 "About Regulations of the Plenum of Supreme Economic Court of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 5, 6/264);
the resolution of the Plenum of Supreme Economic Court of the Republic of Belarus of December 23, 2003 No. 16 "About modification and amendments in the Regulations of the Plenum of Supreme Economic Court of the Republic of Belarus approved by the resolution of the Plenum of Supreme Economic Court of the Republic of Belarus of December 7, 2000 No. 17 "About Regulations of the Plenum of Supreme Economic Court of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 5, 6/390);
the resolution of the Plenum of Supreme Economic Court of the Republic of Belarus of April 21, 2006 No. 3 "About modification and amendments in the Regulations of the Plenum of Supreme Economic Court of the Republic of Belarus approved by the resolution of the Plenum of Supreme Economic Court of the Republic of Belarus of December 7, 2000 No. 17 "About Regulations of the Plenum of Supreme Economic Court of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 151, 6/488).
|
Chairman |
V. S. Kamenkov |
|
Judge, secretary Plenuma |
L. A. Kolesnikova |
Approved by the Resolution of the Plenum of Supreme Economic Court of the Republic of Belarus of November 10, 2010, No. 6
The regulations of the Plenum of Supreme Economic Court of the Republic of Belarus are developed according to the Code of the Republic of Belarus about judicial system and the status of judges, other regulatory legal acts relating to activities of economic courts. The regulations of the Plenum of Supreme Economic Court of the Republic of Belarus determine rules of preparation, procedure for holding meetings of the Plenum of Supreme Economic Court of the Republic of Belarus, execution of its acts and control of their execution, procedure for discussion of the questions which are not connected with consideration of legal cases.
1. The plenum of Supreme Economic Court of the Republic of Belarus (further - the Plenum) in the activities is guided by the Constitution of the Republic of Belarus, the Code of the Republic of Belarus about judicial system and the status of judges (further - the Code), other regulatory legal acts relating to activities of economic courts.
2. The Chairman of Supreme Economic Court of the Republic of Belarus, the first deputy and vice-chairmen of Supreme Economic Court of the Republic of Belarus, judges of Supreme Economic Court of the Republic of Belarus, chairmen of economic courts of areas (city of Minsk), specialized economic courts are part of the Plenum according to article 73 of the Code.
Persons which are part of the Plenum in case of adoption of resolutions have the equal rights.
3. The President of the Republic of Belarus and his representatives, chairmen of chambers of National assembly of the Republic of Belarus, the Prime Minister of the Republic of Belarus, the Chairman of the Constitutional Court of the Republic of Belarus, the Chairman of the Supreme Court of the Republic of Belarus, the Attorney-General of the Republic of Belarus, the Chairman of the State Control Committee of the Republic of Belarus, the Minister of Justice of the Republic of Belarus, the Minister of Taxes and Tax Collection of the Republic of Belarus, the Minister of Economic Affairs of the Republic of Belarus and their deputies, chairmen of the permanent commissions of chambers of National assembly of the Republic of Belarus at the request of chairmen of chambers of National assembly of the Republic of Belarus has the right to participate in meetings of the Plenum.
Judges, members of Scientific and advisory council under Supreme Economic Court of the Republic of Belarus (further - NKS), workers of offices of economic courts, other state bodies, public associations and scientific institutions, and also citizens can participate in Plenum meetings by the invitation of the Chairman of Supreme Economic Court of the Republic of Belarus.
4. Competence of the Plenum is stipulated in Clause 74 Codes. Within the competence Plenum:
considers cases according to the procedure of supervision and on newly discovered facts;
considers materials of generalization of court practice of permission of economic (economic) disputes, legal statistics and accepts resolutions concerning application of the legislation in the field of business and other economic (economic) activity;
makes decisions on reduction of the resolutions of the Plenum recognized as the Constitutional Court of the Republic of Belarus unconstitutional in compliance with the Constitution of the Republic of Belarus, international legal acts ratified by the Republic of Belarus, the laws, decrees and presidential decrees of the Republic of Belarus;
considers ideas of the Chairman of Supreme Economic Court of the Republic of Belarus of discrepancy of the resolutions of the Plenum containing explanations, to the legislation;
considers questions of introduction of suggestions for improvement of legal regulation in the field of business and other economic (economic) activity;
hears chairmen of judicial boards of Supreme Economic Court of the Republic of Belarus and chairmen of economic courts of areas (city of Minsk), specialized economic courts about activities according to judicial boards of Supreme Economic Court of the Republic of Belarus, courts;
chooses on representation of the Chairman of Supreme Economic Court of the Republic of Belarus from among judges of Supreme Economic Court of the Republic of Belarus secretary Plenum which is exempted from fulfillment of duties on the main position. In case of absence of the secretary Plenum or in case of impossibility of performance it the obligations its powers are performed by one of judges of Supreme Economic Court of the Republic of Belarus elected according to the procedure, established by the paragraph the eighth parts one of article 74 of the Code;
approves structures of judicial boards of Supreme Economic Court of the Republic of Belarus on representation of the Chairman of Supreme Economic Court of the Republic of Belarus;
approves on representation of the Chairman of Supreme Economic Court of the Republic of Belarus Regulations of the Plenum of Supreme Economic Court of the Republic of Belarus (further - Regulations);
elects qualification board of judges of economic courts, and also the chairman and the vice-chairman of qualification board of judges of economic courts from among members of this board, hears information on activities of qualification board of judges of economic courts;
performs other powers according to legal acts, in particular:
approves regulations on NKS (article 81 of the Code);
approves members of NKS (article 81 of the Code) on representation of the Chairman of Supreme Economic Court of the Republic of Belarus;
considers materials of generalization of court practice of the dispute resolution, legal statistics and makes according to the procedure of judicial interpretation to courts explanations concerning application of the legislation in the field of the relations affecting competence of general and economic courts (when carrying out joint sittings of plenums of the Supreme Court of the Republic of Belarus and Supreme Economic Court of the Republic of Belarus according to the procedure provided by Articles 82, 83 Codes, the Regulations approved on joint sitting of plenums of the Supreme Court of the Republic of Belarus and Supreme Economic Court of the Republic of Belarus);
proposes candidates for structure of Republican judicial council (part four of article 159 of the Code).
5. On the questions carried to its competence, the Plenum accepts resolutions.
6. The operating procedure of the Plenum is regulated by article 75 of the Code.
7. The plenum is convened by the Chairman of Supreme Economic Court of the Republic of Belarus (in its absence - the First Deputy Chairman of Supreme Economic Court of the Republic of Belarus) as required, but at least once in four months.
8. The members of the Plenum, persons specified in part two of article 73 of the Code and also other persons by the invitation of the Chairman of Supreme Economic Court of the Republic of Belarus are notified on time of convocation of the Plenum and questions submitted for its consideration.
9. The plenum is competent to resolve issues with most of members of the Plenum, and in the cases provided by the Economic Procedure Code of the Republic of Belarus in the presence of at least three quarters of number of members of the Plenum.
10. Persons invited to the Plenum meeting can participate in discussion of questions.
11. For preparation of the draft of the resolution containing explanations, the Plenum in necessary cases forms drafting panel from among members of the Plenum, and also persons who are taking part in work of the Plenum.
12. Resolutions of the Plenum are accepted by open voting by a majority vote from total number of the members of the Plenum who are present at meeting. Members of the Plenum have no right to abstain from vote in case of decision making.
13. Plenum's resolutions are signed by the chairman at meeting and the secretary Plenuma.
14. The secretary Plenuma carries out organizational work on preparation of meetings Plenuma, provides taking the minutes, and also carries out the work necessary for execution of the resolutions accepted by the Plenum.
15. According to part nine of article 75 of the Code the procedural procedure for consideration by the Plenum of legal cases is established by the law and is not regulated by these Regulations.
16. The plenum is convened by the Chairman of Supreme Economic Court of the Republic of Belarus. In case of absence of the Chairman of Supreme Economic Court of the Republic of Belarus the Plenum is convened by the First Deputy Chairman of Supreme Economic Court of the Republic of Belarus, and in case of its absence - one of vice-chairmen of Supreme Economic Court of the Republic of Belarus to whom implementation of powers of the Chairman of Supreme Economic Court of the Republic of Belarus according to distribution of obligations is assigned.
The regular meetings of the Plenum are convened for consideration of questions according to the work plan of Supreme Economic Court of the Republic of Belarus. Other questions carried to its competence according to proposals of the Chairman of Supreme Economic Court of the Republic of Belarus, his deputies also can be submitted for consideration of the Plenum. Emergency meetings of the Plenum are convened for the solution of the urgent questions carried to its competence.
17. According to the work plan of Supreme Economic Court of the Republic of Belarus, orders of the Chairman of Supreme Economic Court of the Republic of Belarus the secretary Plenuma creates the agenda of meeting Plenuma and, as a rule, no later than ten days before the planned date of meeting represents it for review to the Chairman of Supreme Economic Court of the Republic of Belarus.
18. The agenda of meeting of the Plenum includes date of meeting, the list of the questions submitted for consideration of the Plenum, the information about speakers on each question of the agenda, the list of persons invited to the Plenum meeting.
The agenda of meeting of Plenum is signed by the Chairman of Supreme Economic Court of the Republic of Belarus (in his otsutstviyepervy vice-chairman of Supreme Economic Court of the Republic of Belarus) and the secretary Plenuma.
19. The members of the Plenum, persons specified in part two of article 73 of the Code and also other persons by the invitation of the Chairman of Supreme Economic Court of the Republic of Belarus, as a rule, no later than seven days before holding meeting of the Plenum are notified on time and the place of convocation of the Plenum, questions submitted for its consideration.
20. On each question submitted for consideration of the Plenum drafts of resolutions of the Plenum which shall correspond to rules of the rule-making equipment are prepared.
21. Drafts of resolutions on the questions submitted for consideration of the Plenum are developed on the basis:
reviews (generalization) of court practice on specific categories of cases;
representations or petitions for need of explanation of questions of application of the legislation;
references and other documents on work of judicial boards of Supreme Economic Court of the Republic of Belarus, and also on work of economic courts of areas (city of Minsk), on practice of application of the legislation by them and accomplishment of resolutions of the Plenum on application of the current legislation;
other materials (references, reports, etc.) prepared on the questions which are within the competence of the Plenum.
22. Preparation of the draft of the resolution of the Plenum consists of the following stages:
consideration of offers on need of project development of the resolution of the Plenum and decision making on the matter;
determination of persons responsible for preparation of the draft of the resolution of the Plenum;
inclusion of question of adoption of the resolution of the Plenum in the work plan of Supreme Economic Court of the Republic of Belarus or determination by the Chairman of Supreme Economic Court of the Republic of Belarus of need of unplanned project development;
studying of the question submitted for consideration of the Plenum, collection of required materials, information, determination of the concept of the project;
development and execution of the project;
approval of the project.
23. Offers on preparation of drafts of resolutions of the Plenum are in writing made to the Chairman of Supreme Economic Court of the Republic of Belarus with reasons for need of their acceptance. The decision on need of preparation of drafts of resolutions of the Plenum is made by the Chairman of Supreme Economic Court of the Republic of Belarus, and in case of its absence - person performing its powers.
24. Questions on which decisions on preparation of drafts of resolutions of the Plenum are made join in the work plan of Supreme Economic Court of the Republic of Belarus for the corresponding half-year. Unplanned preparation of drafts of resolutions of the Plenum is performed at the request of the Chairman of the Supreme Economic Court of the Republic of Belarus or person performing it powers.
25. Preparation of drafts of resolutions of the Plenum is performed by the persons specified in the work plan of Supreme Economic Court of the Republic of Belarus or appointed the Chairman of Supreme Economic Court of the Republic of Belarus or person performing its powers as executives in charge and collaborators under the leadership of responsible heads.
26. Persons responsible for preparation of drafts of resolutions are directly involved in development and execution (creation of texts) of drafts of resolutions on the materials specified in Item 21 of these Regulations.
Scientists, specialists of organizations and organizations from their consent, members of NKS can be involved in preparation of the draft of the resolution of the Plenum.
27. Preparation of drafts of resolutions of the Plenum shall be complete, as a rule, no later than 30 days before holding meeting.
28. For timely and high-quality preparation of drafts of resolutions Plenuma responsibility is born by chairmen of judicial boards of Supreme Economic Court of the Republic of Belarus (on the projects concerning powers of judicial boards), the faces specified in the work plan of Supreme Economic Court of the Republic of Belarus as heads and contractors, heads of structural divisions of Supreme Economic Court of the Republic of Belarus (on the projects containing the questions carried to maintaining the relevant division), the secretary Plenuma. Specified persons vise the prepared drafts of resolutions Plenuma.
By unplanned preparation of drafts of resolutions responsible persons are determined by the Chairman of Supreme Economic Court of the Republic of Belarus or person performing its powers.
29. The prepared drafts of resolutions are transferred to the secretary Plenuma who will organize their direction for review in state bodies (organizations), economic courts of the Republic of Belarus, and also to members of NKS.
30. Completion of drafts of resolutions of the Plenum taking into account the arrived notes and offers is performed by persons responsible for preparation of the draft of the resolution, and if necessary - the working group which structure is determined by the vice-chairman of Supreme Economic Court of the Republic of Belarus responsible for preparation of the project.
31. Modifed drafts of resolutions of Plenum shall be transferred, as a rule, not later than 15 days before holding meeting of Plenum to the secretary Plenuma.
In case of inadequate preparation of projects in the specified time the secretary Plenuma reports on it on the Chairman of Supreme Economic Court of the Republic of Belarus for adoption of the relevant decision.
32. Transfer to members of the Plenum of the materials submitted for consideration is performed by the authorized worker of administration of Supreme Economic Court of the Republic of Belarus (further - the worker of administration), as a rule, no later than 7 days prior to the Plenum meeting.
To persons specified in Item 3 of these Regulations, drafts of resolutions or other materials go on specifying of the Chairman of Supreme Economic Court of the Republic of Belarus or its deputies.
33. Drafts of resolutions with the arrived notes can be submitted for discussion for preliminary meeting with participation of members of the Plenum, working group, NKS, and also to be considered by Presidium of Supreme Economic Court of the Republic of Belarus.
34. Drafts of resolutions of Plenum according to organizational matters of work of economic courts, including about results of work of economic courts for the accounting period, at the request of the Chairman of Supreme Economic Court of the Republic of Belarus are, as a rule, prepared by the secretary Plenuma together with the interested structural divisions of Supreme Economic Court of the Republic of Belarus and preliminary discussion according to the procedure, the stipulated in Item 33 presents of Regulations, do not require.
35. About completion of preparation of drafts of resolutions on the questions included in the agenda of meeting Plenuma, the secretary Plenuma informs the Chairman of Supreme Economic Court of the Republic of Belarus which if necessary hears speakers on the questions included in the agenda of meeting Plenuma.
36. Meetings of the Plenum are held in one of state languages of the Republic of Belarus.
37. In the hall of meeting of the Plenum there shall be symbols of the Republic of Belarus - National flag and the State Emblem.
38. The plenum is competent to resolve issues with most of members of the Plenum.
The member Plenuma shall report about impossibility of the participation in meeting till its beginning to the secretary Plenuma.
39. The quorum is estimated from total quantity of the obligations of judges of Supreme Economic Court of the Republic of Belarus appointed and started execution, chairmen of economic courts of areas (city of Minsk) and specialized economic courts.
40. The Chairman of Supreme Economic Court of the Republic of Belarus, and in its absence or according to its order - the First Deputy Chairman of Supreme Economic Court of the Republic of Belarus, and in their absence or according to their order - one of vice-chairmen of Supreme Economic Court of the Republic of Belarus presides over the Plenum meeting.
41. The members of the Plenum and persons participating in the Plenum meeting shall submit to orders of the chairman and observe established procedure in the hall of meeting of the Plenum.
42. Plenum meetings, as a rule, are open and are conducted publicly. At them there can be representatives of mass media.
Film, video and photographing of meeting of the Plenum is performed with the permission of the chairman.
43. Meetings of the Plenum can be held with use of system of video conferencing of economic courts of the Republic of Belarus by general rules, stipulated in Clause 75 Codes and these Regulations.
44. According to the decision of the Plenum of its meeting can be closed. Only members of the Plenum and specially invited persons have the right to be present at them.
45. Work of the Plenum begins with approval of the agenda of meeting and the schedule of work. The priority of consideration of questions is determined by the agenda. If necessary the Plenum has the right to change this priority.
46. The plenum has no right to consider the questions which are not included in the agenda at the meeting.
47. The chairman on the Plenum has the right to disqualify any of the questions included in the agenda of meeting before approval of the agenda the Plenum. After approval of the agenda removal from consideration of the questions included in the agenda of meeting is put for consideration of the Plenum.
48. Consideration of question begins with the report of person responsible for preparation of question and appointed the speaker according to the procedure, provided by these Regulations.
During the report depending on nature of the question Plenum submitted for consideration the speaker:
lights social and economic orientation of the draft of the resolution of the Plenum on regulation of the corresponding legal relations taking into account the analysis of court practice and legal statistics of economic courts;
gives the characteristic of subject of legal regulation and lights the purpose of adoption of the resolution of the Plenum (including changes and amendments in the resolution of the Plenum);
notes degree of completeness, need and priority of regulation of the corresponding legal relations mentioned in the draft of the resolution of the Plenum;
correlates the draft of the resolution of the Plenum with the legislation of the Republic of Belarus, international treaties of the Republic of Belarus;
gives assessment to the notes and offers which arrived from the economic courts interested state bodies (organizations), members of NKS;
specifies the contentious clauses of the draft of the resolution of the Plenum requiring discussion by members of the Plenum.
49. Duration of performance shall not exceed, as a rule, 30 minutes for the report, 15 minutes - for the supporting report and concluding remarks.
In case of discussion of reports by the speaker it is provided, as a rule, up to 10 minutes; for questions, offers, messages, references - up to 3 minutes.
50. After the termination of the report by the chairman, members of the Plenum, and also persons specified in Item 3 of Regulations, questions can be asked the speaker.
51. The members of the Plenum, persons specified in Item 3 of the Regulations having the right to take part in discussion of the report and to express the opinion on the project in general or its separate provisions.
52. For decision making according to the notes and offers stated as a result of discussion of the project the Plenum can form drafting panel. Members of the Plenum and in need of person, taking part in work of the Plenum are part of the commission. The structure of drafting panel and its chairman affirm the Plenum according to the proposal of the chairman.
53. Resolutions of the Plenum are accepted by open voting by a majority vote from total number of the members of the Plenum participating in meeting. Members of the Plenum have no right to abstain from vote in case of decision making.
The member Plenuma who was absent during the vote having no right to give the vote later.
In case of the identical number of votes of pros and cons the provision of the draft of the resolution is considered rejected.
54. The organization of counting of votes in case of decision making on Plenuma is performed by the secretary Plenuma.
55. When using system of video conferencing the procedure for carrying out vote shall provide spontaneity and evidence of declaration of will of each member Plenum who is taking part in vote, being out of the hall of Plenum's meeting with fixation of results of vote in the protocol.
56. Plenum's resolution is submitted to signing to the chairman on Plenuma after signing by the secretary Plenuma.
57. At each meeting of the Plenum the taking the minutes performed by the worker of administration who bears responsibility for quality and timeliness of its creation is obligatory.
58. By results of consideration of drafts of the resolutions of the Plenum submitted for consideration of the Plenum, and also concerning organizational nature, not requiring special studying and preparation, the Plenum accepts resolutions which are specified in the minutes of the Plenum (legal resolutions).
59. The protocol is constituted, as a rule, within 5 days after the end of meeting of the Plenum, signed by the chairman in meeting of the Plenum and the worker of administration.
60. Directly after signing of the protocol according to the procedure, stipulated in Item 59 these Regulations, the worker of administration prepare and make sure Plenum meeting minutes abstracts.
61. Shall be reflected in the minutes of the Plenum:
time and the venue of meeting, data on presence of members of the Plenum and other persons specified in Item 3 of Regulations;
the list of the questions included in the agenda of meeting of the Plenum with indication of speakers;
the summary of performances and proposals of persons who took part in discussion of questions of the agenda of meeting of the Plenum the questions and answers to them asked speakers;
actions of the Plenum in that procedure in what they took place, their results;
the questions put to the vote, and vote results;
formulations of the decisions made by the Plenum;
complete texts of the legal resolutions accepted by the Plenum.
The minutes of the Plenum on specifying of the chairman can be constituted in the reduced form.
62. Reports and performances on the discussed questions (are attached to the protocol in case of their availability at speakers).
63. The drafts of resolutions of Plenum prepared for signing are vised previously by persons responsible for preparation of drafts of resolutions (speakers), the secretary Plenuma, and also judges of Supreme Economic Court of the Republic of Belarus and vice-chairmen of Supreme Economic Court of the Republic of Belarus participating in Plenum's meeting.
64. The resolutions of the Plenum which are subject to inclusion in the National register of legal acts of the Republic of Belarus become effective from the date of their inclusion in the National register of legal acts of the Republic of Belarus if in them other term is not established.
The resolutions of the Plenum which are not subject to inclusion in the National register of legal acts of the Republic of Belarus become effective from the date of their acceptance if in them other term is not established.
65. The accepted resolutions of the Plenum are registered according to the Instruction on clerical work in economic courts of the Republic of Belarus and are systematized in the relevant structural division of Supreme Economic Court of the Republic of Belarus. In case of use of system of video conferencing the meeting video on the electronic medium joins materials of the corresponding meeting of the Plenum.
66. The accepted resolutions which are subject to inclusion in the National register of legal acts of the Republic of Belarus go to the National center of legal information of the Republic of Belarus according to the procedure, stipulated by the legislation.
Their separate provisions containing the state secrets or other Republic of Belarus protected by the legislation data are not subject to publication of the resolution of the Plenum or if other is not stipulated by the legislation the Republic of Belarus.
67. Acquaintance of judges, workers of offices of economic courts of the Republic of Belarus with the accepted resolution of the Plenum, and also statement on control of execution of the orders containing in it will be organized by the authorized worker of administration in accordance with the established procedure.
68. Preparation of messages on results of work of the Plenum in mass media is provided with management of information support of Supreme Economic Court of the Republic of Belarus with participation of executives in charge within a day after holding meeting of the Plenum.
69. Entering of amendments and changes into resolutions of the Plenum is performed as required according to the procedure, provided by Chapter 5 of these Regulations.
70. Drafts of resolutions of Plenum on recognition of resolutions Plenuma fully or partially invalid, and also about introduction of changes in them and the amendments which are not requiring special preparation (studying) prepare the secretary Plenuma at the request of the Chairman of Supreme Economic Court of the Republic of Belarus.
71. The resolutions of the Plenum which took legal effect are subject to immediate execution by persons to whom it is assigned.
72. Resolutions of the Plenum on results of work of economic courts for the accounting period, according to organizational matters at the request of the First Deputy Chairman of Supreme Economic Court of the Republic of Belarus are transferred to department of organizational examination and clerical work of Supreme Economic Court of the Republic of Belarus for control of accomplishment of orders and performed according to the procedure, specified in the relevant resolutions.
73. Resolutions of the Plenum on recognition voided resolutions or their separate provisions, and also about introduction in them of amendments and changes are performed according to the procedure, provided by these Regulations.
74. Provision of materials about work of the Plenum for distribution in mass media provides management of information support of Supreme Economic Court of the Republic of Belarus after approval of the First Deputy Chairman of Supreme Economic Court of the Republic of Belarus.
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The document ceased to be valid since January 4, 2014 according to the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of January 4, 2014 No. 2