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

of May 27, 2011 No. 6

About some questions of hearing of cases in economic court of the first instance

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 by hearing of cases in economic court of the first instance, for the purpose of ensuring the correct and uniform application of the Economic Procedure Code of the Republic of Belarus by hearing of cases in economic court of the first instance, 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. According to the Economic Procedure Code of the Republic of Belarus (further - HPK) cases on the disputes in the field of business and other economic (economic) activity arising from civil, administrative and other public legal relationship and also other cases referred to its jurisdiction by legal acts are subordinated to economic court (about establishment of the facts having legal value according to claims to notarial actions or refusal in their making, about recognition and carrying out of solutions of foreign arbitral decisions, about appeal of decisions of the international Arbitration (arbitration) Courts which are in the territory of the Republic of Belarus about issue of the executive document, etc.).

Irrespective of subject structure of disputable legal relationship cases, stipulated in Article 47 HPK are referred to exclusive competence (special jurisdiction) of economic court.

2. Resolves the disputes and other cases connected with implementation of business activity by legal entities and individual entrepreneurs and arising from civil and other legal relationship, economic court according to the procedure of mandative or claim production.

Methods of protection of the civil laws are determined by the Civil code of the Republic of Belarus (further - group of companies), other acts of the legislation in this connection the list of disputes, stipulated in Article 41 HPK, is not exhaustive.

The dispute following from civil legal relationship and subordinated to economic court before adoption of the decision by it on case can be submitted according to the written agreement of the parties of the international Arbitration (arbitration) Court, reference tribunal. In this case the economic court submits determination about transfer of dispute for consideration of the international Arbitration (arbitration) Court, reference tribunal and leaves the action for declaration without consideration based on the paragraph of third of article 151 HPK.

3. Disputes, stipulated in Article 42 HPK which participants are, on the one hand, state bodies local authorities and self-government, officials, and with another - legal entities, individual entrepreneurs, the economic court considers taking into account the features provided by Chapter 25 of HPK and other legal acts.

4. According to article 43 HPK cases on establishment of the facts having legal value are subordinated to economic court (further - dispositive fact).

If in case of consideration of the application about establishment of dispositive fact it becomes clear that the dispute arose about the right, the economic court leaves the statement without consideration according to the paragraph to the seventh article 151 HPK. In this case the right of presentation of the claim in accordance with general practice is explained to the applicant and interested persons.

5. The economic court considers cases of separate types of productions, including the cases arising from administrative and other public legal relationship on the rules established for claim production taking into account the features provided by the corresponding Chapters of HPK and other legal acts (for example, requirements to address form and content, the amount is right also the list of persons participating in case, distribution of obligations on proof and another).

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