of September 19, 2012 No. 6
About some questions of hearing of cases arising from construction contracts
Plenum of Supreme Economic Court of the Republic of Belarus 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, arising from construction contracts, 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. Judicial protection of the rights and legitimate interests of persons participating in the cases arising from construction contracts is guaranteed by part two of Article 13 and part one of article 60 of the Constitution of the Republic of Belarus.
2. By hearing of cases, arising from construction contracts, 3 Chapters 37 of the Civil code of the Republic of Belarus (further - group of companies), general regulations of group of companies about the agreement and obligations, the provisions of the law of the Republic of Belarus of July 5, 2004 "About architectural, town-planning and construction activities in the Republic of Belarus" are subject to application of regulation of paragraphs 1, of 2, (The national register of legal acts of the Republic of Belarus, 2004, No. 109, 2/1049; 2011, No. 82, 2/1845) (further - the Law on architectural, town-planning and construction activities), Rules of the conclusion and execution of the construction contracts approved by the resolution of Council of Ministers of the Republic of Belarus of September 15, 1998 No. 1450 (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1998, No. 26, Art. 683; The national register of legal acts of the Republic of Belarus, 2011, No. 82, 5/34140) (further - Rules).
Legal regulation of construction contracts is performed also by regulatory legal acts of the ministries, other republican state bodies, local authorities of management and self-government published in the cases and limits provided by legal acts, orders of the President of the Republic of Belarus and the orders of the Government of the Republic of Belarus (Item 1 of Article 3 of group of companies).
3. Technical regulatory legal acts are determined according to the paragraph the twenty sixth article 1 of the Law of the Republic of Belarus of January 10, 2000 "About regulatory legal acts of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2000, No. 7, 2/136; 2009, No. 161, 2/1583) (further - the Law on regulatory legal acts). In particular, technical regulatory legal act - the technical code of common practice "System of technical regulation and standardization of the Republic of Belarus. National complex of technical regulatory legal acts in the field of architecture and construction. Basic provisions" (TKP 45 1.01-4-2005 (02250)) approved and put into effect since January 1, 2006 the order of the Ministry of Architecture of the Republic of Belarus of July 18, 2005 No. 172 (The newsletter of Minstroyarkhitektura of the Republic of Belarus, 2005, No. 8; 2011, No. 4; The Republican construction newspaper, 2011, No. 18) (further - TKP 45 1.01-4-2005 (02250)).
TKP 45-1.01-4-2005 (02250) it is obligatory for the subjects of technical regulation and standardization participating in process of technical regulation and standardization in construction and determines the purposes, the principles of creation and general structure of the National complex of technical regulatory legal acts in the field of the technical regulation and standardization in construction (further - the National complex) operating as a part of System of technical regulation and standardization of the Republic of Belarus and establishes objects of technical regulation and standardization in construction, types of technical regulatory legal acts, requirements to their content, and also responsibility for development of these acts and control of their observance.
According to Item 4.8 TKP 45-1.01-4-2005 (02250) as a part of the National complex technical regulatory legal acts of the following types are developed: technical regulations - TR; technical codes of common practice - TKP; state standards of the Republic of Belarus - STB; preliminary state standards of the Republic of Belarus - STB P; specifications, including specifications on pilot batches of products - TU. The interstate TR accepted as state, interstate and international standards, interstate sets of rules (in the status of national TKP), TU, including TU of the CIS countries registered in accordance with the established procedure in the territory of the republic can be part of the National complex.
4. The general provisions about the contract provided by paragraph 1 of Chapter 37 of the Civil Code are applied to the construction contract (sub contracting) if other is not established by the Civil Code and other acts of the legislation on this agreement type (Item 2 of Article 656 of group of companies).
The list of the legal relationship arising within the construction contract is determined in Article 696 of group of companies and in Item 2 of Rules.
Regulations of Chapter 37 of the Civil Code and Rules are also applied to the relations according to the construction contract which cornerstone the decisions of republican state bodies, local authorities of management and self-government accepted within their competence are. Availability of such decisions does not exempt participants of construction from the conclusion in the procedure for construction contracts established by the legislation.
5. According to Item 2 of the resolution of Council of Ministers of the Republic of Belarus of June 30, 2011 No. 875 "About introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of September 15, 1998 No. 1450" (The national register of legal acts of the Republic of Belarus, 2011, No. 82, 5/34140) (further - the resolution No. 875) the resolution No. 875 extends the action:
on the agreements signed after entry into force of the resolution No. 875;
on the objects accepted in operation after entry into force of the resolution No. 875, - regarding establishment of warranty periods.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.