In case of violation of your rights and legitimate interests in commercial activities, you have the right to file a complaint, petition or write an application in accordance with the Economic Procedure and Civil Procedure Codes of the Republic of Belarus and other legislative acts.
LLC «Legvard» constantly provides services of documentation of various types and assignment of complaints, petitions, for protection of rights, legitimate interests and freedoms of our Clients. Our specialists will carefully study and analyze the subject matter of your dispute, will develop and agree with you a strategy of appeal and its arguments, will help collect facts and to present them correctly.
WHAT IS A COMPLAINT?
A complaint is usually a written document containing violations of civil rights, freedoms and interests, setting out the requirements for rectifying such violations. A properly written complaint has legal force. Complaints are usually addressed to State or public institutions with responsibility for certain organizations and areas of activity.
What is the value of a complaint?
The purpose of complaints is to achieve meaningful objectives, including:
- Protection of legitimate interests, rights and freedoms;
- getting a fair decision;
- The function of prevention before the application of more legally relevant measures;
- Further expediting proceedings before an authority;
- Bringing to responsibility those persons for the acts or omissions of which the wrongful act was committed.
Types of complaints:
• complaint of omission of the judicial officer;
• complaint against the judicial officer;
• cassation appeal;
• complaint of denial of executive inscription;
• complaint to a court against the organization’s response to the application;
• complaint against a court order;
• a complaint against acts (omissions) of a State body (a legal person, an organization which is not a legal person) or an official who infringe the legal rights and interests of legal persons;
• other complaints.
Time limit for processing a complaint
In accordance with the law of the Republic of Belarus, a complaint may be submitted directly to the governing body of the organization to which the employee is concerned, and to the supervising body to which the complaint relates. Depending on the type of complaint, the time limit varies from 10 days to one month from the date of the occurrence of the violation, or after one month, but for good and valid reasons that prevented the timely filing of the complaint. The complaint must be considered within three months of its receipt.
The most effective and unattended way of «struggle» against violation of rights and legitimate interests is collective complaint. In such a case, the complaint is filed on behalf of several applicants.
The content and composition of this type of complaint is no different from the standard ones, except that the applicants' box must contain the details and contact details of all affected persons.
It should also be borne in mind that it is desirable to refer in all complaints, including collective complaints, to specific articles of the legislation in force in Republic of Belarus.
The decision of the court is not final and if it does not satisfy you, you are entitled to continue the struggle for a positive decision.
WHAT IS A MOTION?
A motion - is a written request from an applicant addressed to a public authority or official to perform or refrain from doing any act, rendering a decision or other.
Purposes of the petition:
- elimination of existing violations;
- сonfirmation of factual circumstances within your sphere of interest;
- protection of rights, freedoms and legitimate interests;
- clarification of the application of international, foreign and national rights and compliance with established procedures;
Types of applications in civil proceedings
• about the diclosure of evidence;
• about the examination of the case by way of action proceedings;
• abolition of measures to ensure the enforcement of executive documents (restrictions on travel outside the Republic of Belarus and on driving motor vehicles (for individual entrepreneurs);
• about measures to secure claims;
• about the application of enforcement measures;
• on holding the debtor administratively liable.
• about the application of the statute of limitations;
• about the holding of a hearing without the participation of the plaintiff’s representative;
• relating to the stay of proceedings;
• granting of instalments for the execution of an economic court decision;
• of execution and enforcement measures;
• concerned the substitution of parties in enforcement proceedings;
• other applications provided for in the legislation in force in the Republic of Belarus.
Time limit for consideration of applications
In accordance with the legislation of the Republic of Belarus, the term for consideration of applications is 10 working days.
WHAT IS A STATEMENT?
A statement is an application addressed to a civilian or official, an individual Entrepreneur or an organization requesting action.
Why do you need statements
To apply to a court, a bailiff or other public authority, an official document is required, most often a statement - a written means of transmitting its intention or request.
The templates for many statements are standardized, so there are certain requirements for their presentation, documentation, and regulation.
The most common types of application, which are handled by our specialists, are statements of initiation of order proceedings and petitions. In order to obtain a decision that satisfies the stated requirements, we examine and analyse the case files, determine jurisdiction and prepare the necessary statements and accompanying documents.
Our team of specialists is ready to offer you its competence and assistance in the preparation of appeals and cassation appeals, any applications, statements, objections, responses and withdrawals, settlement agreements and any other procedural documents in the Republic of Belarus. We always have the experience, practical knowledge and skills acquired by our employees through their work in government bodies, holding and participating in legal forums and conferences.