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

of May 27, 2011 No. 9

About some questions of mandative production

Plenum of Supreme Economic Court of the Republic of Belarus, having considered materials of generalization of court practice of application of the economic procedural legislation on mandative production, for the purpose of ensuring the correct and uniform application of the Economic Procedure Code of the Republic of Belarus about mandative production, being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, decides to make the following explanations.

1. Mandative production is independent type of economic legal proceedings in economic court of the first instance on consideration of the applications about money recovery, about reclamation of property or about the address of claim to property of the debtor which is performed in simplified, without trial and challenge of the parties, the procedure regulated by Chapter 24 of the Economic Procedure Code of the Republic of Belarus (further - HPK).

2. Owing to article 220 HPK determination about the writ can be taken out by economic court according to requirements of the claimant in the presence of at least one of the following conditions:

requirements have indisputable character (are based on the documents confirming debt of the debtor);

requirements are recognized (are not disputed) by the debtor, but not carried out;

requirements are declared on the amount up to hundred basic sizes.

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