of December 22, 2016 No. 13-Z
About modification and amendments in the laws of the Republic of Belarus concerning judicial system and legal proceedings
Accepted by the House of Representatives on November 29, 2016
Approved by Council of the Republic on November 30, 2016
Article 1. Bring in the Code of the Republic of Belarus about judicial system and the status of judges of June 29, 2006 (The national register of legal acts of the Republic of Belarus, 2006, No. 107, 2/1236; 2007, No. 4, 2/1292; 2010, No. 5, 2/1629; 2011, No. 83, 2/1854; No. 140, 2/1877; 2012, No. 52, 2/1906; National legal Internet portal of the Republic of Belarus, 21.07. 2012, 2/1969; 26.07. 2012, 2/1978; 12:01. 2014, 2/2119) of change and amendments, having been reworded as follows it:
"THE CODE OF THE REPUBLIC OF BELARUS ABOUT THE JUDICIAL SYSTEM AND THE STATUS OF JUDGES
CONTENT
SECTION I. BASES, TASKS AND PRINCIPLES OF ACTIVITIES OF JUDICIAL SYSTEM OF THE REPUBLIC OF BELARUS
CHAPTER 1. BASIC PROVISIONS
Article 1. The main terms applied in this Code and their determinations
Article 2. Judicial authority
Article 3. Legal basis of judicial system and status of judges
Article 4. Unity of judicial system of the Republic of Belarus
Article 5. Judicial system of the Republic of Belarus
Article 6. Tasks of courts of the Republic of Belarus
Article 7. Legality when implementing justice
Article 8. Equality of citizens and organizations before the law and court. Competitiveness and equality of the parties when implementing justice
Article 9. Participation of citizens in justice implementation
Article 10. Right of citizens and organizations to judicial protection
Article 11. Publicity when implementing justice
Article 12. Joint and individual hearing of cases
Article 13. Language of legal proceedings and clerical work in courts of the Republic of Belarus
Article 14. Obligation of court decrees and requirements of the judge. Execution of solutions of the Constitutional Court of the Republic of Belarus
Article 15. Use of the state symbols of the Republic of Belarus
Article 16. Printing editions of courts of the Republic of Belarus
Article 17. Seal of courts of the Republic of Belarus
Article 18. Location of the Constitutional Court of the Republic of Belarus and Supreme Court of the Republic of Belarus
SECTION II. PROCEDURE FOR FORMING AND COMPETENCE OF THE COURTS OF THE REPUBLIC OF BELARUS
CHAPTER 2. CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS
Article 19. Structure of the Constitutional Court of the Republic of Belarus
Article 20. Procedure for forming of the Constitutional Court of the Republic of Belarus
Article 21. Procedure for election of judges of the Constitutional Court of the Republic of Belarus
Article 22. Competence of the Constitutional Court of the Republic of Belarus
Article 23. Procedure for activities of the Constitutional Court of the Republic of Belarus
Article 24. Conclusions, decisions and other documents of the Constitutional Court of the Republic of Belarus
Article 25. Chairman of the Constitutional Court of the Republic of Belarus
Article 26. Vice-chairman of the Constitutional Court of the Republic of Belarus
Article 27. Scientific and consulting council in case of the Constitutional Court of the Republic of Belarus
CHAPTER 3. COURTS OF LAW
Article 28. System of courts of law
Article 29. Education, reorganization and liquidation of district (city), specialized courts
Article 30. Structure of district (city), specialized courts
Article 31. Competence of district (city), specialized courts
Article 32. Chairmen of district (city), specialized courts
Article 33. Deputy chairmen of district (city), specialized courts
Article 34. Regional (Minsk city) court, economic court of area (city of Minsk)
Article 35. Structure regional (Minsk city) vessels
Article 36. Structure of economic court of area (city of Minsk)
Article 37. Competence regional (Minsk city) vessels
Article 38. Competence of economic court of area (city of Minsk)
Article 39. Chairman regional (Minsk city) vessels
Article 40. Chairman of economic court of area (city of Minsk)
Article 41. First deputy chairman regional (Minsk city) vessels
Article 42. Vice-chairmen regional (Minsk city) vessels
Article 43. Vice-chairmen of economic court of area (city of Minsk)
Article 44. Presidium regional (Minsk city) vessels
Article 45. Competence of presidium regional (Minsk city) vessels
Article 46. Operating procedure of presidium regional (Minsk city) vessels
Article 47. Judicial boards regional (Minsk city) vessels
Article 48. Judicial boards of economic court of area (city of Minsk)
Article 49. Competence of judicial boards regional (Minsk city) vessels
Article 50. Competence of judicial boards of economic court of area (city of Minsk)
Article 51. Supreme Court of the Republic of Belarus
Article 52. Structure of the Supreme Court of the Republic of Belarus
Article 53. Competence of the Supreme Court of the Republic of Belarus
Article 54. Chairman of the Supreme Court of the Republic of Belarus
Article 55. First Deputy Chairman of the Supreme Court of the Republic of Belarus
Article 56. Vice-chairmen of the Supreme Court of the Republic of Belarus
Article 57. Plenum of the Supreme Court of the Republic of Belarus
Article 58. Competence of the Plenum of the Supreme Court of the Republic of Belarus
Article 59. Operating procedure of the Plenum of the Supreme Court of the Republic of Belarus
Article 60. Presidium of the Supreme Court of the Republic of Belarus
Article 61. Competence of Presidium of the Supreme Court of the Republic of Belarus
Article 62. Operating procedure of Presidium of the Supreme Court of the Republic of Belarus
Article 63. Judicial boards of the Supreme Court of the Republic of Belarus
Article 64. Competence of judicial boards of the Supreme Court of the Republic of Belarus
Article 65. Scientific and advisory council under the Supreme Court of the Republic of Belarus
SECTION III. STATUS OF THE JUDGE AND JURYMAN
CHAPTER 4. BASIC PROVISIONS ABOUT THE STATUS OF THE JUDGE AND JURYMAN
Article 66. Status of the judge
Article 67. Independence of the judge and juryman, subordination only to their law
Article 68. Irremovability of the judge
Article 69. Immunity of the judge and juryman
Article 70. Activities not compatible to judgeship
Article 71. Rights and obligations of judges and jurymen
Article 72. Personal record, official ID of the judge, personal record, certificate of the juryman, reserve of personnel of judges
CHAPTER 5. JUDGE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS
Article 73. Requirements to the candidate for judgeship of the Constitutional Court of the Republic of Belarus
Article 74. Term of office of judges of the Constitutional Court of the Republic of Belarus
Article 75. Oath of the judge of the Constitutional Court of the Republic of Belarus
CHAPTER 6. CANDIDATES FOR THE JUDGESHIP, CHAIRMAN, VICE-CHAIRMAN OF COURT OF LAW. THE QUALIFICATION EXAMINATION ON THE JUDGESHIP OF COURT OF LAW
Article 76. Requirements to the candidate for judgeship of court of law
Article 77. Requirements for years of service for the candidate for position of the chairman, the vice-chairman of court of law
Article 78. Qualification examination on judgeship of court of law. Examination committees on acceptance of examinations
Article 79. Transfer by the candidate for judges
Article 80. Special preparation on judgeship
CHAPTER 7. APPOINTMENT OF JUDGES OF COURTS OF LAW. OATH OF THE JUDGE OF COURT OF LAW
Article 81. Appointment of judges of courts of law
Article 82. Oath of the judge of court of law
CHAPTER 8. CERTIFICATION OF JUDGES. QUALIFICATION CLASSES OF JUDGES
Article 83. Task of certification of the judge
Article 84. Frequency of certification of the judge
Article 85. Procedure for carrying out certification of the judge
Article 86. Conclusions of qualification board of judges
Article 87. Qualification classes of judges
Article 88. Terms of stay in qualification class
Article 89. Procedure for assignment, lowering and deprivation of qualification class
Article 90. Other questions of certification of judges, assignments and deprivations of qualification class
CHAPTER 9. DISCIPLINARY RESPONSIBILITY OF JUDGES OF COURTS OF LAW
Article 91. Bases for involvement of the judge to disciplinary responsibility
Article 92. Measures of authority punishment
Article 93. Terms of application of authority punishments
Article 94. The bodies performing disciplinary production
Article 95. Right of initiation of disciplinary production
Article 96. Procedure for preparation for hearing of cases about disciplinary responsibility
Article 97. Terms and procedure of disciplinary production
Article 98. The conclusion by results of implementation of disciplinary production
Article 99. Decisions by results of hearing of cases on disciplinary responsibility of judges
Article 100. Bases for the termination of disciplinary production
Article 101. Appeal of decisions on application of authority punishments
Article 102. Features of application of authority punishments by the President of the Republic of Belarus
CHAPTER 10. DISCIPLINARY RESPONSIBILITY OF JUDGES OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS
Article 103. Bases for involvement of the judge of the Constitutional Court of the Republic of Belarus to disciplinary responsibility
Article 104. Measures of authority punishment which can be applied to judges of the Constitutional Court of the Republic of Belarus
Article 105. Terms of application of authority punishments concerning judges of the Constitutional Court of the Republic of Belarus
Article 106. Procedure for involvement of the judge of the Constitutional Court of the Republic of Belarus to disciplinary responsibility
CHAPTER 11. SUSPENSION, RENEWAL AND TERMINATION OF POWERS OF THE JUDGE
Article 107. Suspension and renewal of powers of the judge
Article 108. Termination of powers of the judge
CHAPTER 12. RESIGNATION OF THE JUDGE
Article 109. Resignation of the judge
Article 110. The rights and guarantees of the judge who retired
Article 111. Termination of resignation of the judge
CHAPTER 13. STATE PROTECTION OF JUDGES AND JURYMEN. MATERIAL AND SOCIAL SECURITY OF JUDGES
Article 112. State protection of judges and jurymen
Article 113. Compulsory national insurance of judges
Article 114. Material and social security of judges
Article 115. Release from military service
Article 116. The terms enlisted in the judge's years of service granting the right to separate guarantees of providing judges
CHAPTER 14. JURYMAN
Article 117. Requirements imposed to jurymen
Article 118. Procedure for forming and approval of lists of jurymen
Article 119. Oath of jurymen
Article 120. Involvement of jurymen to participation in hearing of cases in court
Article 121. Release of the juryman from fulfillment of duties on specific case
Article 122. Guarantees and compensations for the period of fulfillment of duties of jurymen
Article 123. The guarantees connected with fulfillment of duties of jurymen
Article 124. Termination of powers of jurymen
SECTION IV. BODIES OF JUDICIAL COMMUNITY
CHAPTER 15. GENERAL PROVISIONS ABOUT BODIES OF JUDICIAL COMMUNITY
Article 125. Judicial community
Article 126. Judge as member of judicial community
Article 127. Bodies of judicial community
Article 128. Main objectives of bodies of judicial community
Article 129. Principles of the organization and activities of bodies of judicial community
Article 130. Term of office of bodies of judicial community
Article 131. Regulations of body of judicial community
Article 132. Appeals of bodies of judicial community
Article 133. Mutual informing bodies of judicial community
Article 134. Printing editions of bodies of judicial community
CHAPTER 16. CONGRESS OF JUDGES OF THE REPUBLIC OF BELARUS
Article 135. Congress of judges of the Republic of Belarus as the supreme body of judicial community
Article 136. Competence of congress of judges of the Republic of Belarus
Article 137. Procedure for preparation of congress of judges of the Republic of Belarus
Article 138. Working bodies of congress of judges of the Republic of Belarus
Article 139. Procedure for convocation of congress of judges of the Republic of Belarus
Article 140. Procedure for holding congress of judges of the Republic of Belarus and adoption of decisions by it
Article 141. Execution of decisions of congress of judges of the Republic of Belarus
CHAPTER 17. REPUBLICAN CONFERENCE OF JUDGES
Article 142. Republican conference of judges
Article 143. Structure of the Republican conference of judges
Article 144. Competence of the Republican conference of judges
Article 145. Procedure for convocation of the Republican conference of judges
Article 146. Procedure for holding the Republican conference of judges and adoption of decisions by it
Article 147. Execution of decisions of the Republican conference of judges
CHAPTER 18. REPUBLICAN JUDICIAL COUNCIL
Article 148. Republican judicial council
Article 149. Structure of Republican judicial council
Article 150. Competence of Republican judicial council
Article 151. Chairman of Republican judicial council and its deputies
Article 152. Organizational structure and working bodies of Republican judicial council
Article 153. Procedure for convocation and holding meetings of Republican judicial council
CHAPTER 19. CONFERENCES OF JUDGES REGIONAL (THE MINSK CITY) COURTS AND ECONOMIC COURTS OF AREAS (CITY OF MINSK)
Article 154. Conferences of judges regional (The Minsk city) courts and economic courts of areas (city of Minsk)
Article 155. Competence of conferences of judges regional (The Minsk city) courts and economic courts of areas (city of Minsk)
Article 156. Procedure for convocation of conferences of judges regional (The Minsk city) courts and economic courts of areas (city of Minsk)
Article 157. Procedure for holding of conferences of judges regional (The Minsk city) courts and economic courts of areas (city of Minsk) and adoption of decisions by them
Article 158. Execution of decisions of conferences of judges regional (The Minsk city) courts and economic courts of areas (city of Minsk)
CHAPTER 20. QUALIFICATION BOARDS OF JUDGES
Article 159. Purposes and tasks of qualification boards of judges
Article 160. System of qualification boards of judges
Article 161. The highest qualification board of judges of the Supreme Court of the Republic of Belarus
Article 162. Competence of the Highest qualification board of judges of the Supreme Court of the Republic of Belarus
Article 163. Qualification boards of judges regional (The Minsk city) courts and economic courts of areas (city of Minsk)
Article 164. Competence of qualification boards of judges regional (The Minsk city) courts and economic courts of areas (city of Minsk)
Article 165. Accountability of qualification boards of judges
Article 166. Procedure for consideration by qualification board of judges of the provided materials
Article 167. Terms of consideration of materials by qualification board of judges
Article 168. Adoption of the conclusions by qualification board of judges
Article 169. Appeal of the conclusions of qualification boards of judges
Article 170. Decisions of the bodies considering claims to the conclusions of qualification boards of judges
Article 171. Review of the conclusion on newly discovered facts
Article 172. Minutes of qualification board of judges
SECTION V. ENSURING ACTIVITY OF THE COURTS AND BODIES OF JUDICIAL COMMUNITY
CHAPTER 21. ORGANIZATIONAL AND MATERIAL LOGISTICS
Article 173. Organizational and material logistics of activity of the courts
Article 174. Secretariat (device) of court
Article 175. The court session secretary (the court session secretary - the assistant judge)
Article 176. Ensuring public order in court
Article 177. Organizational and material logistics of bodies of judicial community
CHAPTER 22. FINANCING OF THE COURTS OF THE REPUBLIC OF BELARUS. PROPERTY OF COURTS
Article 178. Financing of the courts of the Republic of Belarus
Article 179. Property of courts
In this Code the following main terms and their determinations are applied:
superior court - the Supreme Court of the Republic of Belarus in relation to other court of law; regional (Minsk city) court in relation to district (city) court, specialized court of the respective area (city of Minsk);
citizens are citizens of the Republic of Belarus, foreign citizens and stateless persons;
qualification boards of judges - the Highest qualification board of judges of the Supreme Court of the Republic of Belarus, qualification boards of judges regional (Minsk city) courts and economic courts of areas (city of Minsk);
the juryman - person involved in the procedures and cases established by this Code and other legal acts in participation in activities of court for justice implementation;
subordinate court - district (city) court, specialized court in relation to corresponding regional (Minsk city) to court and the Supreme Court of the Republic of Belarus; regional (Minsk city) court, economic court of area (city of Minsk) in relation to the Supreme Court of the Republic of Belarus;
the court decree - the conclusion of the Constitutional Court of the Republic of Belarus, and also sentence, the decision, the resolution, determination of other courts of the Republic of Belarus;
the judge - person appointed (favourites) to judgeship in the procedure established by this Code for implementation of obligations of the judge on professional basis.
Judicial authority in the Republic of Belarus belongs to the courts formed according to the procedure, established by the Constitution of the Republic of Belarus and this Code.
Judicial authority is performed only by courts on behalf of judges and attracted in the procedures and cases established by this Code and other legal acts to participation in activities of court for implementation of justice of jurymen.
Judicial authority is performed by means of the constitutional, civil, criminal, administrative trial and legal proceedings on economic cases.
Judicial authority is independent, it interacts with the legislative and executive authorities.
The legal basis of judicial system and the status of judges in the Republic of Belarus is constituted by the Constitution of the Republic of Belarus, this Code and other legal acts.
The unity of judicial system of the Republic of Belarus is provided in the way:
establishments of judicial system of the Republic of Belarus Constitution of the Republic of Belarus and this Code;
observance by all courts of the procedure for legal proceedings established by the legislation;
recognitions of obligatory execution in all territory of the Republic of Belarus of the court decrees which took legal effect;
fixing of unity of the status of judges;
financing of the courts from the republican budget.
The judicial system of the Republic of Belarus is constituted:
Constitutional court of the Republic of Belarus - the body of judicial control of constitutionality of regulatory legal acts in the state performing judicial authority by means of the constitutional legal proceedings;
the courts of law performing justice by means of civil, criminal, administrative trial and legal proceedings on economic cases.
The system of courts of law is under construction on the principles of territoriality and specialization.
Formation of emergency courts is forbidden.
The constitutional court of the Republic of Belarus, the Supreme Court of the Republic of Belarus, regional (Minsk city) court, economic court of area (city of Minsk) are legal entities.
The constitutional court of the Republic of Belarus is designed to protect the constitutional system of the Republic of Belarus, the Republic of Belarus guaranteed by the Constitution of right and freedom of man and citizen, to provide rule of the Constitution of the Republic of Belarus and its direct action in the territory of the Republic of Belarus, compliance of regulatory legal acts of state bodies of the Constitution of the Republic of Belarus, approval of legality in rule-making and law enforcement, the solution of other questions provided by the Constitution of the Republic of Belarus, this Code and other legal acts.
Courts of law in the Republic of Belarus are urged to protect the Republic of Belarus guaranteed by the Constitution and other acts of the legislation the personal rights and freedoms, the social and economic and political rights of citizens, the constitutional system of the Republic of Belarus, the state and public concerns, the rights of the organizations, individual entrepreneurs, and also to provide the correct application of the legislation when implementing justice, to promote strengthening of legality and the prevention of offenses.
Courts perform justice on the basis of the Constitution of the Republic of Belarus and regulatory legal acts adopted according to it.
If by consideration of specific case the court of law comes to conclusion about discrepancy of regulatory legal act of the Constitution of the Republic of Belarus, he makes the decision according to the Constitution of the Republic of Belarus and puts before the Supreme Court of the Republic of Belarus question of introduction of the offer by it in the Constitutional Court of the Republic of Belarus about recognition of this regulatory legal act unconstitutional.
Justice in the Republic of Belarus is performed on the basis of equality of citizens, the organizations, individual entrepreneurs before the law and court.
Justice is performed on the basis of competitiveness and equality of the parties in process.
Citizens of the Republic of Belarus have the right to participate in activities of court for implementation of justice as jurymen according to the procedure and the cases established by this Code and other legal acts.
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