CODE OF CIVIL PROCEDURE IN BELARUS

This article will provide guidance on the Code of Civil Procedure in Belarus. Courts in Belarus operate according to the concept of territoriality and are further subdivided into specialized courts. They are the Constitutional Court and the normal jurisdictional court system.

The Supreme Court is the highest in the land, and it has the responsibility of deciding civil and criminal cases, as well as those involving administrative offenses, as well as overseeing the work of other courts and exercising other powers granted to it by statute. Economic courts administer justice in economic interactions to safeguard the legal interests of businesses and people.

BACKGROUND

The role of the Constitutional Court in exercising constitutional authority. The President of the Republic appoints six justices to the Constitutional Court, while the Council of the Republic elects the other six. To determine whether a law, decree, edict, international agreement, decision, or other act of the Council of Ministers, etc., complies with the Constitution of the Republic of Belarus and the instruments of international law ratified by the Republic of Belarus, the Constitutional Court is tasked with analyzing the text of the law in question.

In criminal, civil, economic, and administrative offense matters, only members of the Belarusian Bar Association have the authority to defend and represent clients. These lawyers require a valid advocate license, even if they choose to work from the comfort of their homes.

The International Arbitration Court, also known as the "Chamber of arbitrators at the Union of lawyers" (the International Chamber of Arbitrators), "has a status of a nongovernmental, noncommercial organization operating on a reimbursable basis, which is created by a noncommercial organization, the main purpose of which is to assist external economic relations with foreign legal entities and individual entrepreneurs." (Articles 6 and 7 of the International Arbitration Act). It can hear cases involving commercial conflicts between foreigners and Belarusians who do not live in exile.

Belarus also uses mediation as a means of settling legal disagreements. Important connections are governed under the Mediation Act.

The legal system of the Republic of Belarus has a strong foundation to build and strengthen. The greatest accomplishments of Belarusian law were the Litvskae Statutes (from 1529, 1566, and 1588), which governed the Grand Duchy of Lithuania.

Each law enacted in the Republic of Belarus falls into two categories: primary and subsidiary. Like other nations in the Romano-German Legal Family, judicial precedent (court judgments) is not the foundation of the legal system in Germany. However, courts and other entities that use the legislation must adhere to the explanations provided by the Supreme Court's Plenums. Constitutional Court rulings must also be carried out in full.

International law is acknowledged and followed in accordance with the norms of the Republic of Belarus. However, the Constitution is silent on whether or not approved foreign actions have precedence over Republic legislation.

JURISDICTION

Any civil matter filed in a district (city) court within the jurisdiction of the appropriate area (Minsk) may be transferred to the court of first instance in the region (Minsk) for further processing. Initial proceedings in matters under the jurisdiction of regional and Minsk city courts are heard in accordance with applicable laws (on complaints about the refusal to register local public associations of citizens, refusal to register an initiative group for holding a regional referendum, etc.).

The first instance courts that hear documents involving state secrets are the regional and Minsk city courts. The Supreme Court of the Republic of Belarus has the authority to transfer any pending civil matter from any lower court in the country to itself for initial proceedings.

If a defendant's actual or usual place of residence is unknown or if the defendant does not have a place of residence in the Republic of Belarus, a claim may be filed at the location of the defendant's property or the defendant's last known place of residence in the Republic of Belarus.

TRANSFER OF JURISDICTION

Cases may be transferred from one court to another by the Supreme Court of the Republic of Belarus, regional courts, local courts, or the court in charge of Minsk. In rare situations, for the aim of the most speedy and accurate consideration of cases, as well as for the best fulfillment of the educational function of the trial, the case may be shifted from one court to which it has jurisdiction before the commencement of its consideration in a court session.

The competent regional or Minsk city court chairman, the Supreme Court of the Republic of Belarus Chairman, or his deputies decide whether or not a case should be transferred from one court to another based on the abovementioned factors. The Chairman of the Supreme Court of the Republic of Belarus or their deputies decides whether or not to transfer a case for the reasons specified.

State organizations that joined the process to express an opinion on the case; representatives of individuals legally interested in the result of the case, other than the prosecutor; citizens safeguarding the rights of other persons on their behalf; the prosecutor.

No one with a stake in the result of the case may be a witness, expert, specialist, translator, witness, or keeper of the arrested or contested property. Each party with a legitimate stake in the result of this matter has taken and is defending its position in the proceedings on this issue, which it has done by filing its brief, making its declarations, and doing other separate measures. Each claim or counterclaim in a position must be supported by evidence and reasoning.

Persons legally interested in the result of the matter are expected to employ their procedural rights diligently. The court prevents efforts to draw out the procedure or distract from the case's merits.

A party's procedural position determines the extent to which he has the right to participate in the process and the duty to act in a given case.

WHO CAN FILE A CLAIM IN BELARUS

All citizens and legal entities of the Republic of Belarus, the Republic of Belarus and its administrative-territorial units, and in certain circumstances, also organizations that are not legal entities, are accorded the same level of recognition as each other in terms of their ability to have civil procedural rights and bear the obligations of a party and a third party (civil procedural legal capacity).

Citizens who have reached the age of majority, minors in the circumstances outlined in this Code and other laws, and legal entities with civil procedural legal capacity have the full ability to exercise their rights by action, fulfill their duties in court, and entrust the conduct of a case to a representative.

Parents, adoptive parents, or legal guardians are responsible for advocating in court for minors' rights and interests (those under eighteen) and people with diminished legal capacity. The court must include juveniles or individuals with limited legal ability in such proceedings unless doing so would be against the minor's best interests.

HOW IS A STATEMENT OF CLAIM SET OUT

The plaintiff is entitled to seek legal remedy. In their statement of claim, they set out their procedural stance. Suppose a prosecutor, governmental agency, legal organization, or private citizen brings a lawsuit on behalf of another party. In that case, the other party is entitled to notice of the action and may join it as a plaintiff if certain conditions are met. In responding to the plaintiff's claim, the defendant is entitled to provide a defense. They might submit an answer to the claim or a counterclaim to express their disagreement.

The plaintiff has the right to amend the claim's foundation or topic, raise or reduce the number of claims, or withdraw the claim. The defendant has the right to amend the reasons for objections to the claim and completely or partly acknowledge the claim. The parties may resolve the matter by amicable agreement, including via mediation, within the time frame stipulated by the court.

The period for consideration of the case provided by this Code starts on the day the required procedural action is undertaken, such as when the grounds or topic of the claim are changed or when the quantity of claims is increased.

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Sources

1. Article 6 of the International Arbitration Court (Tribunal) Act establishes the International Court of Arbitration at the Belarusian Chamber of Commerce and Industry as a private, non-governmental organization that charges fees for its services. Suppose at least one of the parties is located outside the Republic of Belarus. The contract between them specifies a reference of a dispute for settlement to the International Arbitration Court. In that case, any civil or legal disputes between any subjects of law arising while carrying out foreign trade and other international economic activities may be referred to the International Arbitration Court as agreed by the Parties.

2. In the Republic of Belarus, four arbitration tribunals have been established as independent legal entities, 26 tribunals have been established as structural divisions of the legal entities, and 229 arbitrators have been licensed and registered in accordance with the Arbitration Tribunals Act (18th July 2011). The Ministry of Justice oversees the work of the various tribunals and arbitrators.

3. The Economic Court of the CIS was established in accordance with the Agreement on the measures for the enhancement of payments between companies of CIS nations. The countries of Armenia, Belarus, Kazakhstan, the Kirghiz Republic, Moldova, the Russian Federation, Tajikistan, and Uzbekistan signed an agreement on the status of the Economic Court of the Commonwealth of Independent States on July 6th, 1992.

As on January 1, 2012, the Eurasian Economic Community's (EurAsEC) Court has been sitting in Minsk, Belarus. Article 13 of the Court of the Eurasian Economic Community's Statute from 5 July 2010 specifies the scope of the Court's authority.

4. The Supreme Law of the Land is the Constitution of the Republic, the primary document from which all other laws are derived. Parliament (in the form of Laws), Codes, or the President may enact all other forms of legislation (such as decrees, which have the force of law). Edicts, Orders, Directives, and Decrees of the President, Government decisions, Ministries, State Committees, and other state organizations, acts of local Councils of Deputies, and Executive Committees are among the most significant sources of secondary law.

5. Cases of first instance within the Republic of Belarus' Supreme Court's jurisdiction are also heard by it (on complaints about the refusal to register republican and international public associations of citizens, on applications for the termination of the activities of such associations, on complaints about the refusal to register an initiative group for holding a republican referendum, on complaints about the refusal to register political parties, on applications for the termination of the activities of political parties, on complaints about decisions of the President of the Republic of Belarus on issues of citizenship, on complaints about the refusal of the Central Commission of the Republic of Belarus on elections and holding republican referendums to register candidates for Presidents of the Republic of Belarus, cases on disputes arising from the application of legislation, regulating property and personal non-property relations arising in connection with the creation, legal protection and use of intellectual property, etc.).

6. Any party with a legitimate stake in the outcome of a case may apply to the court for a hearing, review the case file, take notes and make copies of documents submitted to the court, file a challenge, offer evidence, take part in cross-examination of witnesses, question witnesses and other witnesses, file petitions, offer oral and written explanations to the court, present arguments and considerations, object to petitions, argue their case, and so on.

7. Chapter 41 of this Code shall provide foreign nationals, stateless individuals, foreign legal organizations, foreign governments, and their administrative-territorial subdivisions civil procedural legal ability.

8. Once they reach the age of fourteen, minors do not need the permission of their parents, adoptive parents, or trustees to apply to the court with a statement on the protection of their rights and legally protected interests and to utilize the help of attorneys and other representatives in court. The court resolves the subject of engaging parents, adoptive parents, or guardians of kids in such circumstances to support them.

The rights and legally protected interests of kids under fourteen and persons recognized as legally incompetent are safeguarded in court by their legal representatives - parents, adoptive parents, or guardians.

9. The parties' procedural rights are laid forth in Article 61. Each party has the same rights in the procedure. The parties are permitted the right, within the limitations prescribed by law, to dispose of their rights freely (Article 18 of this Code) (Article 18 of this Code).

10. The court does not accept the plaintiff's denial of the claim and the acknowledgment of the claim by the defendant and does not approve the parties' settlement agreement if these acts contradict the law or harm someone's rights and legally protected interests.

11.Chapter 7. Parties

Article 60. Claimant and defendant

The parties in cases of claim production are the claimant and the defendant.

The claimant has the right to request judicial protection. It formulates the procedural line item in action for declaration. The person for the benefit of whom in the cases provided by the law proceedings are initiated, the prosecutor, state body, the legal entity, or the citizen, is informed by the court on the arisen process and participates in it as the claimant.

The defendant possesses the right of defense against the made claim. It can formulate the line item in objections against the claim or make the counterclaim.

12. Without dismissing the case, the court may, with the plaintiff's consent, allow the replacement of the original plaintiff or defendant as a proper plaintiff or defendant if it is determined during the preliminary court session or the consideration of the case that the claim was brought by a person other than the person who owns the right to claim, or not against the person who should be responsible for the claim.

Even if the original plaintiff doesn't want to be replaced, another party might declare claims unrelated to the original disagreement and join the lawsuit as a third party.

A court may add a new defendant to the case if the plaintiff does not agree to a substitute defendant.