The Supreme Court of the Republic of Belarus is a key element of the country’s judicial system and an important state body that ensures the rule of law and the protection of citizens’ rights. Its creation and functioning are crucial in maintaining law order and societal justice. The main task of the Supreme Court is to consider cases related to criminal, civil and administrative law, supervise the work of lower courts and summarize judicial practice. The Supreme Court ensures uniformity of judicial practice and decides on cases of importance to the entire State. In this article, we will examine the functions and powers of the Supreme Court of Belarus, its role in the legal system and its impact on society.
Why it is Useful for Business to Navigate the Judicial System of Belarus
It is extremely useful for business to navigate the judicial system of Belarus for several reasons:
1. Protection of Rights and Interests
Understanding the judicial system allows businessmen to protect their rights and interests effectively. Knowing capabilities in court can help to avoid various risks in case of conflicts with counterparties, clients, or other interested parties.
2. Predictability and Planning
If entrepreneurs know how the judicial system works, they can more accurately plan their actions and strategies for solving possible legal problems. This knowledge also helps to assess the risks associated with business activities.
3. Compliance with the Law
Knowledge of the specifics of judicial practice and common legal norms contributes to proper compliance with legal requirements and reduces the likelihood of disputes and conflicts.
4. Dispute Resolution
Effective dispute resolution is a key aspect of doing business. By focusing on the judicial system, entrepreneurs can choose the most appropriate ways to resolve conflicts, whether through court, mediation, or a notary’s executive inscription.
5. Investment Security
Investors considering investing in Belarusian businesses pay attention to the stability of the legal system. A clear understanding of judicial norms and the availability of effective mechanisms for protecting property rights help increase investor confidence.
6. Adapting to Changes
Judicial practice may change over time. Businesses should monitor these changes to adapt to new conditions and minimize possible legal risks.
Thus, knowledge and understanding of Belarus’s judicial system are important tools for successful business, contributing to risk reduction, effective conflict management, and strengthening the legal framework for entrepreneurial activity.
The Place of the Supreme Court in the Judicial System of Belarus
The Supreme Court of Belarus has headed the Belarusian court system since 1923. At that time, it was the Supreme Court of the BSSR. Currently, the Supreme Court heads the system of general jurisdiction courts, including courts and economic courts.
The Supreme Court may hear any case provided for in the legal system: criminal, civil, administrative, or economic. It is also a supervisory body for lower courts: it checks their activities and the legality of the decisions made and can cancel and change them.
What Else Does the Supreme Court Do?
Let’s list the main things that the Supreme Court does:
1. The Supreme Court may consider cases.
As a court of first instance, this means that in some cases, you can file a claim (statement, complaint) immediately to the Supreme Court. For example:
- When someone challenges the decisions of state governing bodies and other state bodies that affect business and economic activity.
- When cases are related to state secrets.
- When the dispute is related to citizenship.
- When the dispute relates to intellectual property rights (creation, protection and use of intellectual property objects).
- The Supreme Court also has the right to take any case from any court in Belarus and accept it for consideration.
- On complaints: in cassation, in the order of supervision and on newly discovered circumstances, on appeal.
2. The Supreme Court examines judicial practice in different categories of cases, summarizes it in reviews of judicial practice, and sends the results to lower courts.
3. Maintains judicial statistics and analyzes judicial statistics of lower courts.
4. Explain to lower courts, individuals and companies how to apply legislation in response to their questions.
5. Controls how the lower courts execute the decisions of the Plenum of the Supreme Court.
6. Advises judges on issues related to the application of legal norms.
7. Submits proposals to state bodies on updating legal norms.
8. Studies the work of courts and works with information about the work of courts, which is transmitted by the chairmen of courts, their deputies, and judges.
9. Distributes budgets to lower courts, discusses organizational and personnel issues with them, and provides financial support for the judicial community’s bodies.
10. Resolves issues related to implementing international treaties concluded by the Republic of Belarus.
11. Resolves issues related to cooperation with foreign courts and international and foreign organizations.
Bodies and Boards of the Supreme Court
The Chairman of the Supreme Court of the Republic of Belarus heads the Supreme Court of Belarus. The Chairman has a first deputy and four deputies. The judicial staff consists of judges of the Supreme Court of Belarus.
The Supreme Court consists of entities that can consider cases, approve and develop documents on the work of courts and approaches to the consideration of cases by courts:
- The Plenum of the Supreme Court.
- The Presidium of the Supreme Court.
The Supreme Court has boards that consider cases and complaints against court rulings of certain types:
- The Judicial Board for Civil Cases.
- The Judicial Board for Criminal Cases.
- The Judicial Board for Economic Affairs.
- The Judicial Board for Intellectual Property.
The Supreme Court may also establish other boards to consider cases.
The Court of Appeal of the Supreme Court
The Supreme Court has an appellate instance of the Supreme Court of Belarus for those cases when the Supreme Court considered a civil or criminal case in the first instance. The appellate instance considers, on appeal, the legality and validity of court decisions that have not entered into force and sometimes court rulings. The Supreme Court Chairman forms the appellate instance’s judicial composition.
Chairman of the Supreme Court
The Chairman of the Supreme Court of Belarus directs the court and organizes the activities of the lower courts. The term of office of the Chairman of the Supreme Court:
- Conference of the Plenum of the Supreme Court.
- Organization of the work of the Presidium of the Supreme Court.
- Submitting issues to these instances for consideration.
- Formation of the composition of the Supreme Court for the consideration of cases.
- Appointment of judges to preside over the sessions of the judicial boards of the Supreme Court.
- The Chairman of the Supreme Court has the right to demand any case from any lower court to summarize judicial practice, resolve the issue of challenging a court decision, and take it into his proceedings.
The Chairman of the Supreme Court conducts a personal reception on the appeals of individuals, including individual entrepreneurs and companies.
What does the Plenum of the Supreme Court Do
The Plenum of the Supreme Court of Belarus adopts resolutions on several issues that fall within its competence by the Code on the Judicial System and the Status of Judges. The Plenum is convened at least once every three months. Here are some of the issues that fall within the competence of the Plenum of the Supreme Court of Belarus:
- Examines civil, criminal and economic cases through supervision and according to newly discovered circumstances. It means that the Plenum can change, cancel or keep in force court rulings that have entered into force but are protested, for example, by the prosecutor.
- Provides explanations to lower courts on the application of legislation based on generalizations of judicial practice and statistics.
- Approves the composition of the appellate instance of the Supreme Court of Belarus.
- Elects the Highest Qualification Board of Judges of the Supreme Court of Belarus.
What does the Presidium of the Supreme Court Do
It issues rulings on issues that fall within the competence of the Presidium of the Supreme Court. Unlike the composition of the Plenum of the Supreme Court, which includes the chairmen of regional courts, the composition of the Presidium is limited to representatives of the Supreme Court and is approved by the Presidium of the All-Belarusian People’s Assembly. Here are some issues within the competence of the Presidium of the Supreme Court of Belarus:
- Considers civil, criminal, and economic cases within its competence by way of supervision and in newly discovered circumstances.
- Studies and summarizes materials on judicial practice and statistics and drafts resolutions prepared for approval at the Plenum of the Supreme Court of the Republic of Belarus.
- Examines the issues of organizing the activities of judicial boards, individual judges, and the staff of the Supreme Court of the Republic of Belarus, as well as chairmen and judges of lower courts.
- Accepts information from the chairpersons of the judicial boards of the Supreme Court of the Republic of Belarus and the chairmen of lower courts on the work of the relevant judicial boards and courts.
- Considers and approves the personnel reserve for appointment to the positions of deputy chairmen, judges of regional and Minsk city courts, economic courts of regions (Minsk city courts), as well as chairmen and deputy chairmen of district (city) and specialized courts.
- Studies materials on the submission for appointment to the positions of judges of courts of general jurisdiction.
The Supreme Court’s Presidium is convened by the Chairman or his deputy, as necessary.
What do the Judicial Boards of the Supreme Court Do
The composition of the judicial boards, which the judges of the Supreme Court create, is approved by the Chairman of the Supreme Court. The chairmen of the collegiums head the collegiums – Deputy Chairmen of the Supreme Court. Here are some issues that judicial boards deal with:
- Civil and criminal cases are considered a court of first instance, on appeal, supervision and under newly discovered circumstances.
- The Judicial Board for Intellectual Property deals with civil cases as a court of first instance and in newly discovered circumstances.
- The Judicial Board of Criminal Cases considers criminal cases in cassation.
- Consider complaints (protests) against the decisions of the regional (Minsk city) courts and the economic courts of the regions (Minsk city) in cases of administrative offences.
- Judicial boards also study and summarize court practice, analyze judicial statistics, develop proposals for improving legislation, and exercise other powers through current legislative acts.
What does the Scientific Advisory Council at the Republic of Belarus Supreme Court Do?
The Supreme Court has a scientific advisory council, whose tasks are determined by the Plenum of the Supreme Court. In particular, the Scientific Advisory Council:
- Provides legal and methodological support in preparing draft resolutions of the Plenum.
- Formulates proposals on controversial issues of the application of legislation in judicial practice.
- Develops methodological recommendations on specific aspects of the organization of judicial activity.
- Interacts with scientific institutions, higher education institutions and expert councils.
It helps strengthen the Supreme Court’s ties with the scientific community.
Promotes the dissemination of information about the activities of the Supreme Court in scientific publications.
We recommend consulting our specialists to interact with the Supreme Court of the Republic of Belarus. Our experienced lawyers can also represent your interests in the Supreme Court of Belarus in all cases that fall within its competence.
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