12 July 2001 № D-124/2001
The Constitutional Court of the Republic of Belarus, comprising of the Presiding Officer - Chairman of the Constitutional Court G.A. Vasilevich, Deputy Chairman A.V. Maryskin, judges G.A. Vorobei, K.I. Kenik, A.A. Sarkisova, A.G. Tikovenko, R.I. Filipchik, G.B. Shishko, Shuklin V.Z., having examined on the basis of Article 40, part one of Article 116 of the Constitution of the Republic of Belarus collective application of citizens on non-conformity of sub-item 7.4 of resolution of the Plenum of the Supreme Court of the Republic of Belarus and Plenum of the Supreme Economic Court of the Republic of Belarus of 22 June 2000 No. 4/3 "On differentiation of case jurisdiction between courts of common law and economic courts" with the Civil Code of Procedure and with other laws of the Republic of Belarus, found the following.
Sub-item 7.4 of ruling of the Plenum of the Supreme Court of the Republic of Belarus and Plenum of the Supreme Economic Court of the Republic of Belarus of 22 June 2000 No. 4/3 shall specify that disputes, under requests of citizens against legal entities which are subject to liquidation when their property requirements have not been recognized by a liquidation commission, an administrator or a liquidator appointed by an economic court, shall be within the jurisdiction of economic courts. Under Article 60 of the Constitution of the Republic of Belarus everyone shall be guaranteed protection of one's rights and liberties by a competent, independent and impartial court of law within time periods specified in law.
Under Article 109 of the Constitution of the Republic of Belarus the judicial system shall be based upon the principles of territorial delineation and specialization; the judicial system in the Republic of Belarus shall be determined by the law. Part two of Article 1 of the Law of the Republic of Belarus "On judicial system and status of judges in the Republic of Belarus" envisages that judicial power shall be exercised by the courts of common law, economic courts and other courts specified by the laws of the Republic of Belarus.
Differentiation of case jurisdiction between various courts shall be specified by the legislation of the Republic of Belarus. Economic courts shall administer justice by means of solving economic disputes (Article 1 of the Economic Code of Procedure of the Republic of Belarus). Cases on economic disputes among legal entities, individual entrepreneurs, and, in instances specified by legislative acts, also among organizations which are not legal entities and among citizens shall be within the jurisdiction of economic court (point 1 of part one of Article 27 of the Economic Code of Procedure).
According to point 1 of part one of Article 37 of the Civil Code of Procedure (hereafter - CCP) it is jurisdiction of the courts of common law to examine cases on the disputes arising from civil, family, labour, housing relations, relations on use of natural resources and environment, even if one of the parties of the dispute is a citizen with the exception of instances, when acts of legislation refer settlement of disputes to the competence of other courts or to the authority of other state bodies, as well as other organizations. The given exception is specified in Article 84 of the Law of the Republic of Belarus "On economic insolvency (bankruptcy)".
The Article in question shall establish that creditor or debtor shall be entitled to lodge a complaint against actions of administrator in the meeting of creditors unless otherwise stipulated by the given Law. Decision of the meeting of creditors, by which the complaint against actions of administrator has not been satisfied, may be subject to appeal during ten days period to the economic court. However, the abovementioned norm shall cover only the instances of liquidation of a legal entity due to its economic insolvency (bankruptcy). Sub-item 7.4 of resolution of the Plenum of the Supreme Court and Plenum of the Supreme Economic Court of 22 June 2000 No. 4/3 shall envisage that examinations of applications of citizens against legal entities under liquidation when their requirements have not been recognized by liquidation commission, administrator or liquidator, in all instances, if the specified bodies and persons are subject to appointment by economic court.
Thereby, the circle of persons who are within jurisdiction of economic courts is broadening, and, respectively, jurisdiction of cases for the courts of common law under Article 37 of CCP is getting narrow. At the same time, joint ruling of the Plenum of the Supreme Court and Plenum of the Supreme Economic Court may not be considered to be enforceable enactment under Article 37 of CCP which may change jurisdiction of disputes because: civil proceedings according to Article 2 of CCP shall be subject to regulation by the legislative acts only; Plenum of the Supreme Economic Court shall have the right, in the procedure of judicial interpretation, to give only explanations on the issues of application of the legislation in the field of entrepreneur and other economic activities in the territory of the Republic of Belarus (Article 15 of the Law "On economic courts in the Republic of Belarus"), Plenum of the Supreme Court shall give explanations on the issues of application of legislation of the Republic of Belarus arising while examining cases (Article 49 of the Law "On judicial system and status of judges in the Republic of Belarus").
Moreover, changing of jurisdiction of the category of cases specified in sub-item 7.4 of ruling of the Plenum of the Supreme Court of the Republic of Belarus and Plenum of the Supreme Economic Court of the Republic of Belarus of 22 June 2000 No. 4/3, referring them to the competence of economic courts shall restrict the right of citizens to judicial protection. Unlike economic courts the system of the courts of common law shall composed both of the courts of all-republican, oblasts and region (city) level, that shall presuppose wider accessibility to justice. Proceedings in economic courts shall be carried out on the grounds of special norms contained in the Economic Code of Procedure of the Republic of Belarus and in other acts specified in Article 3 of the Code in question. In accordance with Article 204 of the Economic Code of Procedure the complaint in the procedure of supervision may be lodged during a year from the day of coming into legal force of a judicial act.
Unlike that Article 437 of the Civil Code of Procedure shall fix three-year term for the lodgement of the given complaint.
On the basis of the abovestated and guided by Article 40, 60 and part one of Article 116 of the Constitution, Article 7 of the Law "On the Constitutional Court of the Republic of Belarus" the Constitutional Court
RULED:
1. To propose Plenum of the Supreme Court of the Republic of Belarus and Plenum of the Supreme Economic Court of the Republic of Belarus to bring sub-item 7.4 of their joined ruling of 22 June 2000 No. 4/3 "On differentiation of case jurisdiction between courts of common law and economic courts" into line with Article 37 of the Civil Code of Procedure of the Republic of Belarus and with Article 84 of the Law of the Republic of Belarus "On economic insolvency (bankruptcy)" and be guided in its activities by the specified norms of the laws.
2. The present Decision shall come into legal force from the date of its adoption.
3. To publish the present Decision in accordance with effective legislation.
Presiding Officer — Chairman of the of the