Amendments and additions have been made to the Civil Procedure Code

On 20.01.2018, the National Legal Internet Portal of the Republic of Belarus published the Law of the Republic of Belarus of 08.01.2018 No. 94-Z "On Amendments and Additions to the Civil Procedure Code of the Republic of Belarus".

The Law establishes legal regulation providing for the introduction of appellate proceedings into civil procedure, which is a form of review by higher courts of decisions of lower courts that have not entered into legal force, by re-examining the case with the possibility of establishing new facts, investigating new case evidence, and making a new decision on the merits of the claims (Articles 399 - 434 of the CPC).

Articles 399 and 400 of the CPC regulate the right to appeal (protest) decisions and rulings of the court of first instance that have not entered into legal force.

Thus, Article 399 of the CPC establishes that a decision of the court of first instance that has not entered into legal force may be appealed in appellate proceedings by the parties and other persons legally interested in the outcome of the case, as well as by other persons if the court has made a decision on their rights and obligations; other persons, regarding whom the court has made a decision on their rights and obligations, shall have the rights and bear the obligations provided for by Chapter 32 of this Code for persons legally interested in the outcome of the case during the proceedings in the appellate court.

The prosecutor's right to appeal judicial decisions that have not entered into legal force has been preserved, regardless of whether he participated in the case. Changes have affected the requirements for the content of appellate complaints and protests, and the deadlines for their submission.

The document enters into force six months after its official publication.

i.e. 21.07.2018, with the exception of certain provisions that entered into force immediately after official publication and concerned the disclosure of concepts such as courts of appeal, appeals and protests.

Deputy Head of the Department for Supervision of Compliance with the Law of Judicial Decisions in Civil Cases A. Sashchenko