On October 31, 2011 No. 21
About some questions of consideration by economic courts of the Republic of Belarus of cases with participation of foreign persons
Plenum of Supreme Economic Court of the Republic of Belarus, having considered materials of generalization of court practice, for the purpose of ensuring the correct and uniform application of the legislation by economic courts of the Republic of Belarus by hearing of cases with participation of foreign persons, including foreign investors, being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, decides to make to economic courts of the Republic of Belarus the following explanations.
1. By consideration of disputes with participation of foreign persons economic courts of the Republic of Belarus (further - economic courts) shall recognize that to foreign investors, in the territory of the Republic of Belarus, the right to the appeal to economic courts within their competence for protection of the violated or disputed rights and legitimate interests on an equal basis with the organizations and citizens of the Republic of Belarus is guaranteed to other foreign and international organizations, foreign citizens, stateless persons, including the refugees performing business and other economic (economic) activity (further - foreign persons) if other is not determined by the Constitution of the Republic of Belarus, the laws and international treaties of the Republic of Belarus.
2. Owing to article 8 of the Constitution of the Republic of Belarus the Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the legislation.
The rules of law containing in international treaties of the Republic of Belarus are part of the legislation existing in the territory of the Republic of Belarus and are valid that legal act which expresses the consent of the Republic of Belarus to obligation of the corresponding international treaty.
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