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

of June 29, 2016 No. 3

About conciliation of the parties by consideration of civil and economic disputes by courts

Having discussed results of generalization of practice of conciliation of the parties by consideration of civil and economic disputes, for the purpose of ensuring the correct and uniform application of the procedural legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Draw the attention of courts that achievement by the parties of civil and economic disputes of conciliation, settlement and the dispute resolution without carrying out legal proceedings in essence is one of the priority directions of optimization of judicial loading and further enhancement of judicial activities.

Conciliation of the parties promotes forming of culture of constructive permission of conflict situations, recovery and strengthening of partnership, economy of budgetary funds, reduction of the court costs assigned to the parties, provides effective protection of the rights and legitimate interests of citizens, legal entities and the state.

2. It must be kept in mind that conciliation of the parties is allowed in court at any stage of civil or economic process from the moment of initiation of proceeedings, and also in enforcement proceeding.

Conciliation of the parties can be reached both with assistance of court, and by mediation application. On economic cases for the purpose of dispute settlement holding conciliatory procedure is possible.

The conclusion of the voluntary settlement, the mediativny agreement, the conciliation agreement, refusal of the claimant of the claim or recognition of the claim by the defendant can be result of conciliation.

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