The Legal Position of Foreign Persons in the Economic Courts of the Republic of Belarus
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Abstract
In the article the author analyses the order in the economic courts of the Republic of Belarus as concerns the area of economic legal relations due to the defence of rights and legal interest of foreign natural and legal persons and persons whom the citizenship has not been granted. The main legal principals determined in the economic cases where the foreign persons take part in have been provided in the Procedural Code of Economic Cases of the Republic of Belarus.
The author made a comparison between the Procedural Code of Economic Cases of the Republic of Belarus passed in 1998 and the new Procedural Code of Economic Cases of the Republic of Belarus passed in 2004 for the economic courts of the Republic of Belarus due to the jurisdiction of foreign persons. The novelties have been emphasized in the new code. In the article the author draws his attention to the analysis of the competence of the economic courts of the Republic of Belarus described in the Procedural Code of Economic Cases. The expansion due to the competence of the economic courts while trying the economic cases, where the foreign persons take part in, has been emphasized. The exceptional competence of the economic courts is being analysed as well as the party’s right to change the court competence provided by the laws, i.e., the court competence provided by the laws can be changed on the basis of the prorogational or derogational agreement. The prorogational agreement is applied when the parties agree to hand extrajudicial cases to be tried in the economic court. The derogational agreement is applied when the parties agree to hand triable cases to be tried in the other court.
The article describes the persons owing judicial immunity, the conditions of the application of the immunity, the peculiarities of the application and effect of the international agreements. The article in principle analyses the jurisdiction of the economic courts of the Republic of Belarus due to the cases where the foreign persons take part in pursuant to the legal acts.
The author made a comparison between the Procedural Code of Economic Cases of the Republic of Belarus passed in 1998 and the new Procedural Code of Economic Cases of the Republic of Belarus passed in 2004 for the economic courts of the Republic of Belarus due to the jurisdiction of foreign persons. The novelties have been emphasized in the new code. In the article the author draws his attention to the analysis of the competence of the economic courts of the Republic of Belarus described in the Procedural Code of Economic Cases. The expansion due to the competence of the economic courts while trying the economic cases, where the foreign persons take part in, has been emphasized. The exceptional competence of the economic courts is being analysed as well as the party’s right to change the court competence provided by the laws, i.e., the court competence provided by the laws can be changed on the basis of the prorogational or derogational agreement. The prorogational agreement is applied when the parties agree to hand extrajudicial cases to be tried in the economic court. The derogational agreement is applied when the parties agree to hand triable cases to be tried in the other court.
The article describes the persons owing judicial immunity, the conditions of the application of the immunity, the peculiarities of the application and effect of the international agreements. The article in principle analyses the jurisdiction of the economic courts of the Republic of Belarus due to the cases where the foreign persons take part in pursuant to the legal acts.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
