The share of applications in summary proceedings in the Vitebsk Regional Economic Court increased to 64.3% over the year.
12/01/20120 views
On January 12, Vitebsk /Diana Kurilo - BELTA/. The share of applications filed under the order production procedure in the economic court of the Vitebsk region has increased from 23% to 64.3% over the year, Elena Nikolaeva, Chairperson of the Economic Court of the Vitebsk region, told a BELTA correspondent.
The current legislation of Belarus provides for a simplified court procedure - order production. This is a simplified procedure for the judicial recovery of debts in monetary form, including by enforcing claims against the debtor's property, by the economic court issuing a ruling on a court order without trial and without summoning the parties. Therefore, today it is the simplest, fastest and most optimal way to recover debt, explained Elena Nikolaeva. The significant difference in state duty rates, which for one claim often amounts to millions of rubles, is also of considerable importance.
An analysis of statistical data for the past year shows that in the total number of incoming applications, the share of applications filed under the order production procedure was 64.3% (9305), the share of claims was 24.5% (3543), incoming applications for economic insolvency (bankruptcy) were 1.3% (191), under administrative proceedings - 8.4%, and appeals - 1.3% (196). Similar data for 2010 indicate a diametrically opposite percentage ratio: applications under the order production procedure in the total number of materials received by the court accounted for 23% (3246 applications), and under the claim procedure - 62% (8684 applications).
The results of the Vitebsk Regional Economic Court's activities in 2011 are primarily linked to the entry into force of the Law "On Amendments and Additions to Certain Laws of the Republic of Belarus on Improving Economic Legal Proceedings" at the beginning of 2011, believes Elena Nikolaeva. Thanks to the application of the new legislative act, significant changes have occurred in the Vitebsk Regional Economic Court. In particular, the average monthly workload per judge for incoming applications decreased from 97 cases in 2010 to 93 cases in 2011. The introduction of mandatory pre-trial dispute resolution procedures led to a 4.5% decrease in the number of applications to the Vitebsk Regional Economic Court compared to 2010 figures, amounting to 14,460 applications versus 15,138 in 2010. The application of conciliation procedures involving conciliators and out-of-court mediators has reduced the number of cases concerning disputes arising from civil legal relations considered on their merits by judges, as every third dispute was settled through conciliation.
According to Elena Nikolaeva, one of the main tasks of economic courts at present is to promote the establishment and improvement of partnership business relations, achieve reconciliation between parties, and foster customs and ethics of business turnover. The active application of the conciliation institution in the Vitebsk Regional Economic Court contributes to the fulfilment of these tasks. An analysis of data for 2008-2011 indicates a steady increase in the percentage of litigious production cases transferred to conciliation procedures: from 1.3% in 2008, this figure grew to 48% of cases in 2011. In 2011, conciliation procedures were initiated in 1,685 cases, including 50 conciliation procedures within enforcement proceedings and 9 conciliation procedures involving an out-of-court mediator.
The President of the Court noted that economic entities in the Vitebsk region quickly adapted to the new conditions. "Business leaders are gradually coming to understand that before applying to the economic court, it is necessary to analyse all possible ways of resolving a dispute and choose the most advantageous and least costly option for their organisation," stated the interviewee. -0-
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