Changes in the Civil Procedure Code

In connection with the need to implement a number of decisions of the Head of State related to the development of the system of courts of general jurisdiction of the Republic of Belarus, a draft Law of the Republic of Belarus "On Amendments and Additions to the Civil Procedure Code of the Republic of Belarus" has been developed.

The new amendments will concern the expansion of the powers of the cassation instance court. Thus, the provisions of the Civil Procedure Code of the Republic of Belarus establish elements of appellate review of civil cases, allowing the second instance court to establish the circumstances of the case based on existing and new evidence, to amend and issue new decisions.

In addition, it is envisaged to amend the legislation regulating the review of court decisions that have entered into legal force, in the supervisory procedure. The draft also preserves the prosecutor's right to appeal court decisions that have not entered into legal force, regardless of whether he participated in the case. The amendments will also concern the requirements for the content of appeals and protests, and the deadlines for their submission.

The powers of the supervisory court instance for considering civil cases actually correspond to the currently effective provisions of Art. 447 of the Civil Procedure Code. At the same time, the draft proposes to limit the grounds for filing supervisory complaints against court decisions of the first instance court, which were not appealed in the appellate order within one year from the date of their entry into legal force. Exceptions will be made for complaints of defendants against decisions made in their absence without proper notification of the case hearing, provided that it has not been destroyed due to the expiration of the storage period.

Deputy Head of the Department for Supervision of Compliance with the Law of Court Decisions in Civil Cases Alla Sashcheko

Senior Prosecutor of the Department for Supervision of Compliance with the Law of Court Decisions in Civil Cases N.M. Belova