Economic courts of the Republic of Belarus are the bodies
of judicial authority that administrate justice in the field of
business undertakings and other economic activities.
A unified system of economic courts that functions in the Republic
of Belarus is built according to territorial principle. It includes
8 economic courts:
1. the Supreme
Economic Court of the Republic of Belarus
2. the Economic
Court for Brest Region
3. the Economic
Court for Vitebsk Region
4. the Economic
Court for Gomel Region
5. the Economic
Court for Minsk Region
6. the Economic
Court for Grodno Region
7. the Economic
Court for Mogilev Region
8. the Economic
Court for the City of Minsk
The Supreme Economic Court of the Republic of Belarus is at the
head of the system of economic courts; it bears responsibility for
performance of tasks placed on economic courts by the
Law of the Republic of Belarus “On Economic Courts in the Republic
of Belarus”, as well as for coordination of activities of economic
courts in the regions and in the city of Minsk.
According to jurisdiction specified by the Economic Code of Practice
of the Republic of Belarus, economic courts of the Republic of Belarus
shall administer justice by means of settlement of disputes in the
field of economic relations arising between the economic entities
from their civil, administrative, land, financial and other public
legal relationships, in particular, with involvement of international
organizations, foreign persons, and citizens.
Any foreign persons shall exercise procedural rights and fulfill
procedural obligations pari passu with any organizations and citizens
of the Republic of Belarus, except for cases otherwise provided
for by the legislation, international agreements including.
The
Law of the Republic of Belarus “On Economic Courts in the Republic
of Belarus” lays the basis for consideration of disputes related
to protection of foreign investments, interests of any foreign persons
in the State courts of Belarus. The Economic Code of Practice of
the Republic of Belarus establishes the procedure for settlement
disputes with involvement of foreign judicial persons.
In particular, the following disputes with involvement of foreign judicial
persons shall be assigned to the jurisdiction of economic courts
of the Republic of Belarus:
- recovery of losses incurred;
- appeal against actions (inaction) and non-normative acts of
any officials of the governmental (control, taxation, customs)
and other bodies prejudicing the rights and lawful interests of
foreign investors;
- application of economic sanctions;
- any disputes between the founders (members) of judicial persons
created by foreign investors;
- rejection of registration of any company with foreign investments;
defense of business reputation;
- economic insolvency (bankruptcy) and any other disputes assigned
to jurisdiction thereof by international agreements and the legislation
of the Republic of Belarus.
So, annually economic courts consider about 300-400 cases with involvement
of foreign persons. In 2005 economic courts considered 467 economic
disputes and other cases with involvement of foreign persons, including
295 claims of economic entities from foreign countries.
40 of 99 claims of foreign persons considered by the Supreme Economic
Court of the Republic of Belarus were fully satisfied; in 18 cases
claims were partially satisfied.
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