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

of June 29, 2011 No. 11

About some questions of hearing of cases in economic court of appellate 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 appellate instance, notes that the appeal as institute of de novo review of court decrees of the economic courts which did not take legal effect according to the evidence which is available in case and in addition produced took place and requires further enhancement. 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 Plenum of Supreme Economic Court of the Republic of Belarus appellate 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 Articles 7, 267 Economic Procedure Codes of the Republic of Belarus (further – HPK) the basis for initiation of proceeedings in economic court of appellate instance is the petition for appeal or the appeal protest brought by the prosecutor.

Petitions for appeal (protests) are considered by economic court of appellate instance of economic court of area (city of Minsk) and the court equated to it which structure is appointed according to the procedure, established by part two of article 268 HPK in number of at least three (odd quantity) judges of appeal judicial board of the relevant economic court, one of whom is chairman.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info