Statement of claim
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Republic of Belarus, Minsk, Karla Liebknechta street, d. 66, office 403
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place Republic of Belarus, Minsk, Karla Liebknechta street, d. 66, office 403
access_time Mon-Fri from 8.30 to 17.20

Statement of claim

Statement of claim

Statement of claim - is the written form of the plaintiff’s application for judicial review.
The main purpose of the claim is to resolve disputes between the two parties to the conflict with their direct participation in the сourt session, which may be natural or legal persons residing in Belarus or registered abroad.
Procedure and State legislation must be followed in order for your complaint to be admissible.
Here we will try to describe all the nuances, rules and recommendations, keeping in mind which we will help you to answer the main question: how to write a statement of claim to the court?

How to draw up a statement of claim to the court
The main normative documents containing rules and requirements for the content and procedure (which also include claims) are The Civil Code and the Code of Economic Procedure of the Republic of Belarus.
In particular, article 159 of the Code of Economic Procedure of the Republic of Belarus describes the following requirements for the content and presentation of procedural documents:
1. The name of document (in our case «claim statement»);
2. The name of court to which the application is addressed;
3. The name and legal address of the plaintiff, contact detailsе;
4. Respondent’s name and legal address, contact details;
5. The object and purpose of the claim or application containing its facts, evidence, reasons and calculations;
6. Certified and signed annexes.
The requirements described above apply to all procedural documents submitted to the court for consideration. At the same time, article 243 of the State Border Committee describes the special requirements for the content and form of claims.

Content of the statement of claim
Subject to the requirements of the Code of Economic Procedure, the content of the claim must include:
- The precise formulation and description of the plaintiff’s claims against the defendant, which contain references to legislation. The business claims must contain the full amount of the claim.
- The facts, arguments and circumstances set out in the claim;
- evidence of the facts described;
- Other information used to resolve a dispute.
Statement of claim must be signed by the head or authorized person who has the power of proxy.

Documents attached to the statement of claim:
• copies of the statement of claim in the number of copies which is the number of respondents;
• certified copy of certificate of state registration of legal entities or Individual Entrepreneur;
• сertified copies of statements of other parties involved in the proceedings;
• сonfirmation of payment of State duty (payment order);
• documents, photos, videos that are relevant to the case and corroborate the information given in the claim;
• documentary evidence of a pre-trial (claim) settlement;
• deduction of penalties, fines, forfeit, interest on other people’s money;
• documentary evidence of the authority of the claimant’s representative.

Prerequisites for a claim
The subject of the claim is the substantive claim of the plaintiff against the defendant. The reason for filing a claim are facts that correspond to the subject matter and substantiate both the rights of the plaintiff and the circumstances of their violation. Only if there is a body of legal facts proved in court can the court satisfy the plaintiff’s demands.
A number of conditions must be met in order to exercise the legitimate right to a judicial remedy and to bring an action:
• referred to as attempted pre-trial (claim) settlement;
• determination of jurisdiction of a particular court;
• write a statement of claim, subject to the requirement as to the form and content of the claim;
• the absence of an identical dispute in the proceedings before the court to which the application or other court is submitted;
• payment of State Duty;
• relevance of the statute of limitations;
• documented Authority to Sign a Claim.

Statement of claim Belarus

How to file a claim in court
A statement of claim to the court may be filed either by mail or in person. To do so, you must submit an application to the clerk of the court, accompanied by a document confirming your right of action.
In view of the fact that the personal signature on the statement of claim is an important element, the sending of the claim via e-mail or fax is not provided for under the Code of Economic Procedure.

Time limits for the hearing of the application
The time allowed for the court to hear and admit an action depends on the type of proceeding. Competently drawn up, fully-fledged statement of claim is accepted by the court for consideration and within five days the court transmits to all parties to the case a ruling on the initiation of proceedings.

Possible reasons for rejection
- jurisdiction of the case before the court;
- incorrect statement of claim. In order to draw up a statement of claim correctly, one should be guided by the rules described in the Code of Economic Procedure of the Republic of Belarus, art. 159, 160.
- one statement of claim contains several unrelated claims;
- other cases provided for in legislation.
If the court refuses to note the claim, the court issues a ruling describing the grounds for refusal.

Legal assistance in drawing up a claim

The attorneys of the company «Legvard» are ready to study and analyze the materials of the case, determine the jurisdiction and prepare for you a statement of claim with accompanying package of documents, which will significantly increase your chances of a positive outcome of the case. It should also be borne in mind that the value of our legal services is recovered by court order from your debtor.

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