Features of execution of decisions on labor disputes. Legal features of consideration by courts of certain labor disputes

11.08.2021

The remaining 50 percent is the execution of a court decision.
In this article, we will just talk about what to do in the event of a positive resolution of a labor dispute in court, how to put this decision into effect.

First of all, it is necessary to understand that the decision of the court on a labor dispute comes into force after the expiration of the period for appeal. An appeal may be filed within one month from the date of the final decision of the court. If an appeal is filed, the decision of the court, if it is not canceled, enters into force immediately after the consideration of the case by the court of appeal. Therefore, the employee and the employer must execute the decision after its entry into force, with the exception of decisions subject to immediate execution. To such just, according to Art. 211 of the Civil Procedure Code of the Russian Federation, include decisions on the payment of wages to an employee within three months and reinstatement at work. In addition, the court has been granted the right in other cases, at the request of the plaintiff, to bring the decision to immediate execution if, due to special circumstances, the delay in its execution may lead to significant damage to the claimant or the execution may be impossible.

After the entry into force of the court decision, the employee is issued a writ of execution, with the exception of cases of immediate execution, when the writ of execution is issued immediately after the adoption of the court decision. A writ of execution must be obtained from the office of the court of first instance in which the case was considered.

The execution of a court decision can be carried out by the employer in two ways: voluntarily and forcibly. In the case of voluntary execution, the employer independently, without involving a bailiff, after the employee presents a writ of execution, performs all necessary actions (transfers money, cancels orders, provides work, etc.).

However, if the employer refuses voluntary execution or the employee is confident that it is useless to contact the employer with enforcement documents, the writ of execution should be transferred to the bailiff to initiate enforcement proceedings. A writ of execution may be presented for execution within three years from the date of entry into force of a judicial act. The employee must contact the department of bailiffs at the place where the enforcement actions were performed, that is, at the place where the employer is located, which the decision must be executed. Next, the bailiff initiates enforcement proceedings and takes actions aimed at executing the decision (makes a request to the bank, goes to the place of the employer, etc.)

If the court has issued a decision by which a certain amount of money is recovered, the writ of execution can be sent directly to the bank where the employer's account is opened. Simultaneously with the writ of execution, an application must be submitted to the bank, in which the following information must be indicated:

1) details of the bank account of the recoverer, to which the collected funds should be transferred;

2) last name, first name, patronymic, citizenship, details of an identity document, place of residence or place of stay, taxpayer identification number (if any), details of a migration card and a document confirming the right to stay (residence) in the Russian Federation of the claimant-citizen ;

3) name, taxpayer identification number or code of a foreign organization, state registration number, place of state registration and legal address of the claimant - legal entity. If the employer's account is not arrested and there are funds on it, the bank will transfer the money to the account specified in the application within a few days.

However, most of all questions arise with the execution of the decision to reinstate at work. The Constitutional Court of the Russian Federation has repeatedly drawn attention to the fact that the execution of court decisions in cases of reinstatement at work is considered completed from the moment the employee is actually admitted to the performance of his former duties, following the issuance by the head of the organization of the order to cancel his illegal dismissal order (determinations of 15.11. 2007 No. 795-O-O; dated July 15, 2008 No. 421-O-O), that is, after the employer's representative has performed all the actions necessary to ensure the actual performance by the employee of the duties that he performed before his dismissal.

In practice, we are faced with an ambiguous interpretation of issues related to the actual admission of the employee to the performance of previous labor duties. Decisions, actions (inaction) of bailiffs on the execution of court decisions on reinstatement are often challenged precisely for the reason that the real reinstatement of the employee did not occur. Despite the fact that the assessment of the working conditions of the reinstated employee is not within the competence of the bailiff, before issuing a decision on the completion of enforcement proceedings, he must make sure that the claimant is unconditionally allowed to perform labor duties. If the behavior of the employer is the opposite, in the acts of the bailiff-executor of enforcement actions it is necessary to reflect that the debtor does not fulfill the requirements for reinstatement, the exactor is not allowed to the workplace to perform his labor functions, he does not have access to the territory of the enterprise (organization ) etc.

It should be noted that when initiating enforcement proceedings for reinstatement at work, the bailiff does not set a deadline for the voluntary execution of the executive document. The decision of the bailiff is immediately handed over to the debtor in the person of the head of the organization or his representative.

For non-fulfillment of the requirements contained in the executive document, legal liability is established. In accordance with Part 1 of Art. 112 of Federal Law No. 229-FZ, if the debtor fails to execute the enforcement document subject to immediate execution, within a day from the date of receipt of a copy of the decision of the bailiff to initiate enforcement proceedings, a performance fee is imposed, which is a monetary penalty. In case of non-execution of a non-property executive document, the enforcement fee from the debtor-organization is set at 50 thousand rubles. Administrative liability is also provided for failure to comply with the decision. As practice shows, bailiffs apply the named measures of responsibility, which allow stimulating the debtor to execute the decision.

In the event that subsequently the adopted court decision, enforced, is canceled, it is allowed to reverse the execution of the decision, when the defendant must be returned everything that was recovered from him in favor of the plaintiff under the canceled court decision (Article 443 of the Code of Civil Procedure of the Russian Federation). At the same time, the Code of Civil Procedure of the Russian Federation (Article 445) and the Labor Code of the Russian Federation (Article 397) establish restrictions on the reverse recovery of amounts paid by decision of the bodies considering individual labor disputes. Reverse recovery is possible in the case when the canceled decision was based on false information provided by the employee or false documents submitted by him.

Execution of decisions of the commission on labor disputes. The decision of the commission on labor disputes in accordance with Article 389.

The Labor Code of the Russian Federation is subject to execution within three days after the expiration of ten days provided for appeal.

In case of non-execution of the decision of the commission within the prescribed period, the employee is issued by the commission on labor disputes a certificate, which is an executive document.

The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period. Based on the certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the labor dispute commission.

If an employee misses the established three-month period for valid reasons, the labor dispute commission that issued the certificate may restore this period. Making decisions on labor disputes on dismissal and transfer to another job. If the dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute277. The body considering an individual labor dispute makes a decision to pay the employee the average earnings for the entire period of forced absenteeism or the difference in earnings for the entire period of performing lower-paid work.

At the request of the employee, the body considering an individual labor dispute may limit itself to making a decision on the recovery of the above compensation in his favor, and also decide to change the wording of the grounds for dismissal to dismissal of his own free will.

If the wording of the reason for dismissal is recognized as incorrect or not in accordance with the law, the court considering an individual labor dispute is obliged to change it and indicate in the decision the reason and grounds for dismissal in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law. If the incorrect wording of the reason for dismissal in the work book prevented the employee from entering another job, then the court decides to pay the employee the average earnings for the entire time of forced absenteeism.

In cases of dismissal without legal grounds or in violation of the established procedure for dismissal or illegal transfer to another job, the court may, at the request of the employee, decide to compensate the employee for monetary compensation for moral damage caused to him by these actions. The amount of this compensation is determined by the court.

If the body considering an individual labor dispute recognizes the employee's monetary claims as justified, then in accordance with Article 395 of the Labor Code of the Russian Federation they are satisfied in full.

Enforcement of reinstatement decisions. The decision on the reinstatement of an illegally dismissed employee, on the reinstatement of an employee who was illegally transferred to another job, is subject to immediate execution278. If the employer delays the execution of such a decision, the decision-making body issues a ruling on payment to the employee for the entire time of the delay in the execution of the decision of the average earnings or the difference in earnings.

Limitation of the reverse recovery of amounts paid by decision of the bodies considering individual labor disputes. In accordance with Article 397 of the Labor Code of the Russian Federation, the reverse recovery from the employee of the amounts paid to him in accordance with the decision of the body for the consideration of an individual labor dispute, when the decision is canceled by way of supervision, is allowed only in cases where the canceled decision was based on false information provided by the employee or forged documents presented to them.

CONTROL QUESTIONS AND BUILDINGS

1. Define the concept of an individual labor dispute.

2. Name the bodies that consider individual labor disputes.

3. What is the procedure for considering a labor dispute?

4. Name the ways of resolving individual labor disputes.

5. What is a labor dispute commission, how is it created?

6. What is the competence of the commission on labor disputes?

7. Name the terms for applying to the labor dispute commission.

8. What is the procedure for consideration of an individual labor dispute in the commission on labor disputes.

9. In what order is the decision of the commission on labor disputes taken and what is its content.

10. What are the procedures and terms for appealing the decision of the labor dispute committee?

11. What individual labor disputes can be considered in court?

12. What are the terms for applying to the court for resolving an individual labor dispute?

13. What is the procedure for the execution of decisions of the commission on labor disputes?

14. What decision can be made by the court on an individual labor dispute?

15. What is the procedure for enforcing a court decision on an individual labor dispute?

87. Execution of decisions on individual labor disputes

Immediate execution of certain decisions and rulings on labor matters

The decision or resolution adopted by the body for the consideration of labor disputes to restore at work, at the previous workplace, the previous essential working conditions - it is subject to immediate execution.

If the employer delayed the execution of such a decision or decision, then for the time of the delay from the date of the decision or decision to the day of its execution, the employee is paid the average wage or the difference in earnings.

A court decision on the payment of wages to an employee, but not more than one month in advance, is also subject to immediate execution in accordance with civil procedural legislation.

The decision of the commission on labor disputes must be executed by the employer no later than a three-day period after the expiration of 10 days provided for its appeal. except for the above.

Enforcement of the decision of the commission on labor disputes

If the employer fails to comply with the decision of the commission on labor disputes within the prescribed period, it issues to the employee a certificate having the force of a writ of execution.

The certificate shall not be issued if the employee or the employer has filed an application with a court for the resolution of a labor dispute within the prescribed period (Article 242).

The certificate shall indicate the name of the commission that made the decision on the labor dispute; the date of the decision and the issuance of the certificate; surname, name, patronymic of the employee; decision on the merits of the dispute. The certificate is certified by the signatures of the chairman and secretary of the commission on labor disputes.

On the basis of a certificate issued and presented to the court no later than three months, the bailiff enforces the decision of the labor dispute commission by force.

If an employee misses the established three-month period for good reasons, the CTC that issued the certificate may restore this period.

88. Concept, subject, subjects (parties) of a collective labor dispute. The moment of the emergence of a collective labor dispute

Collective labor dispute (conflict)- these are unresolved disagreements between the parties to collective labor relations regarding the establishment, change in the socio-economic conditions of work and life of workers, the conclusion, change, execution or termination of collective agreements, agreements (Article 377 of the Labor Code).

Causes collective labor disputes can be guilty actions of officials, explained by their subjective views, the group egoism of workers (the disputing party), who do not take into account the public interests, etc.

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Signs that characterize collective disputes:

The subject is employees (collective of employees) represented by representative bodies.

The rights and interests of the entire team of employees (or part of it) on issues of labor and life are disputed and protected.

Allowed by conciliation commissions, mediators, labor arbitrations, Republican labor arbitration.

They are of an unscrupulous nature. They are allowed in special, only inherent, procedural forms.

The procedure for resolving collective labor disputes is regulated by Chapter 36 of the Labor Code.

The main principles of dispute resolution are: pre-arbitration conciliation procedures, collegial consideration of a dispute, equality of the parties, taking into account the real possibilities of decisions, etc.

Decisions of the Republican Labor Arbitration on collective disputes on the execution of collective agreements and agreements, as well as on disputes arising in organizations, in respect of whose employees the legislation establishes restrictions on the exercise of the right to strike, can be appealed to the court within 10 days from the date of receipt.

The moment of the beginning of the collective labor dispute the day of notification of the decision of the employer on the rejection of all or part of the claims of employees or failure to notify the employer within 3 days from the date of filing the requirements of his decision, as well as the date of drawing up a protocol of disagreements during collective bargaining, is considered.

Subject Collective disputes are the rights and interests on which disagreements arose between the labor collective and the employer. In Art. 364 of the Labor Code of the Republic of Belarus provides an approximate list of socio-economic conditions that may become the subject of a collective dispute.

Participants of collective labor disputes:

representatives of employees - bodies of trade unions and their associations authorized to represent in accordance with their charters, bodies of public amateur performance formed at a meeting (conference) of employees of an organization, branch, representative office and authorized by him;

representatives of employers - heads of organizations or other persons authorized in accordance with the charter of the organization, other legal acts, authorized bodies of associations of employers, other bodies authorized by employers;

service for the settlement of collective labor disputes - a state body that facilitates the resolution of collective labor disputes by organizing conciliation procedures and participation in them.

ENFORCEMENT OF DECISIONS ON LABOR DISPUTES.

A decision on a labor dispute made by both the CCC and the court can be executed on a voluntary basis. The decision of the CCC is binding and is not subject to the approval of the employer or the union. It is subject to execution by the employer no later than 3 days after the expiration of 10 days provided for its appeal (Article 248 of the Labor Code of the Republic of Belarus). This period is calculated from the moment the tenant receives a copy of the CCC decision made on a specific dispute.

In the event that the employer does not comply with the decision of the CCC voluntarily, or does not fulfill it on time, it becomes necessary to compel the employer to execute the decision of the CCC. In this case, the CCC will issue a certificate to the employee, which has the force of a writ of execution of a judicial authority (Article 249 of the Labor Code of the Republic of Belarus). The certificate is issued at the request of the employee in whose favor the CCC decision was made. On its own initiative, the CCC does not issue a certificate.

The certificate is not issued before the expiration of the 10-day period during which the parties have the right to appeal the decision of the CCC in court. A certificate is not issued even if the employee or the employer has filed an application with a court for resolving a labor dispute within the prescribed period.

A certificate for the enforcement of a decision issued by the CCC must have the appropriate details: the name of the commission that made the decision on the labor dispute; date of the decision and date of issue of the certificate, last name, first name, patronymic of the employee, decision on the merits of the dispute. The wording of the decision must be indicated in a clear form, in strict accordance with the decision of the CCC (Article 249 of the Labor Code of the Republic of Belarus).

The certificate is certified by the signature of the chairman and secretary of the CCC. The certificate must indicate the date of issue of the certificate, since from this date the period for presenting the certificate to the court for enforcement begins to run. The certificate issued to the employee must be presented to them in court for the enforcement of the decision of the CCC within 3 months. If this period is missed for a good reason, then the CCC that issued the certificate may restore this period. The issue of restoring the term is considered at a meeting of the commission. Having recognized the reason for missing the deadline as valid, the commission issues a decision to restore the deadline, which is noted on the certificate.

If the deadline is missed for unjustified reasons, the CCC refuses to restore it. As a result of missing the deadline for presenting the certificate for execution, it loses its force and is not subject to execution.

Enforcement of the decisions of the CCC is carried out by the bailiff of the court, in the territory of the district (city) of which the employer, who is in this case the debtor, is located.

Judicial decisions on labor disputes are executed in accordance with the general rules for the execution of court decisions. As a rule, court decisions are enforced after they enter into force, i.e. after the expiration of the 10-day period provided for appealing the decision or after the consideration of the case by the court of cassation, which left the decision unchanged.

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However, for some categories of labor disputes, the legislation provides for the immediate execution of court decisions that have not yet entered into force. Thus, decisions on satisfaction of a claim for the reinstatement of an illegally dismissed employee at work, on awarding a salary to an employee, but not more than one month in advance, are subject to immediate execution (Article 313 of the Code of Civil Procedure of the Republic of Belarus). In cases where wages for more than one month have been collected, the decision is subject to immediate execution only in the part of the collection of wages for one month. The execution of the decision in the remaining amount of wages is carried out after the entry into force of the decision. Immediate enforcement of judgments in labor cases is also possible in other cases, which must be motivated in the decision.

An indication in the decision on the immediate execution of the court decision does not deprive the parties of the right to appeal such a decision in cassation. However, the employer is obliged to comply with the court decision, despite disagreeing with it and filing a complaint against this decision. An appeal against the decision in the cassation procedure is not a basis for suspending the decision on reinstatement or the recovery of wages. The employee must be allowed to work for which he is reinstated immediately after the decision is made.

A writ of execution on the immediate execution of a court decision on a labor dispute is issued to the employee (collector), or sent for execution directly by the court.

In accordance with Art. 389 of the Labor Code of the Russian Federation, the decision of the CCC is subject to execution within three days after the expiration of ten days provided for appeal. This period cannot be reduced or extended either at the request of the employee or at the initiative of the CCC. The employer has the right to execute the decision of the CCC earlier specified in Art. 389 of the term, if it is made in favor of the employee and satisfies all his requirements. This period is calculated from the moment the employer receives a copy of the CCC decision made on the dispute.

If the employer has not fulfilled the decision of the CCC within the prescribed period, then the mechanism for the enforcement of the decision begins to operate.

In case of non-execution of the decision of the commission within the prescribed period, the specified commission issues a certificate to the employee, which is an executive document.

The certificate issued by the CCC includes a list of enforcement documents (Article 12 of the Federal Law "On Enforcement Proceedings").

Commissions on labor disputes of structural subdivisions of the organization are not entitled to issue such certificates having the force of a writ of execution. These certificates can only be issued by the CCC of organizations.

An employee can apply for a certificate within one month from the date of the decision of the CCC. If the employee misses the specified period for good reasons, the CCC may restore this period. The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period.

Based on the certificate issued by the CCC and presented no later than three months from the date of its receipt, the bailiff enforces the CCC decision forcibly.

The federal law "On Enforcement Proceedings" provides for options for interrupting the deadline for presenting a writ of execution for execution (Article 22). The term is interrupted:

- presenting a writ of execution for execution;

- partial execution of the executive document by the debtor.

After a break, the period for presenting a writ of execution for execution is resumed. The time elapsed before the interruption of the term shall not be included in the new term.

In the event of the return of the writ of execution to the recoverer due to the impossibility of its execution, the period for presenting the writ of execution for execution is calculated from the day the writ of execution is returned to the recoverer.

If an employee misses the established three-month period for valid reasons, the CCC that issued the certificate may restore this period.

Executive documents, on which the deadline for presenting them for execution has expired, are not accepted by the bailiff for production, about which they issue an appropriate decision.

A recoverer who has missed the deadline for presenting a writ of execution or a court order for execution is entitled to file an application for the restoration of the missed deadline with the court that adopted the relevant judicial act, if the restoration of the specified period is provided for by federal law.

In Art. 13 of the Federal Law "On Enforcement Proceedings" lists the requirements for enforcement documents. In particular, they must indicate:

1) the name and address of the body that issued the executive document;

2) the name of the case or materials on the basis of which the enforcement document was issued, and their numbers;

individual labor dispute

Execution of decisions of the commission on labor disputes. The decision of the commission on labor disputes in accordance with Art. 389 of the Labor Code of the Russian Federation is subject to execution within three days after the expiration of ten days provided for appeal.

In case of non-execution of the decision of the commission within the prescribed period, the employee is issued by the commission on labor disputes a certificate, which is an executive document. The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period. Based on the certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the labor dispute commission.

If an employee misses the established three-month period for valid reasons, the labor dispute commission that issued the certificate may restore this period.

Making decisions on labor disputes on dismissal and transfer to another job. If the dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute. The body considering an individual labor dispute makes a decision to pay the employee the average earnings for the entire period of forced absenteeism or the difference in earnings for the entire period of performing lower-paid work.

If the body considering an individual labor dispute recognizes the employee's monetary claims as justified, then in accordance with Art. 395 of the Labor Code of the Russian Federation, they are satisfied in full.

Enforcement of reinstatement decisions. The decision on the reinstatement of an illegally dismissed employee at work, on the reinstatement of an employee illegally transferred to another job at the previous job, is subject to immediate execution. If the employer delays the execution of such a decision, the decision-making body issues a ruling on payment to the employee for the entire time of the delay in the execution of the decision of the average earnings or the difference in earnings.

Limitation of the reverse recovery of amounts paid by decision of the bodies considering individual labor disputes. In accordance with Art. 397 of the Labor Code of the Russian Federation, the reverse recovery from the employee of the amounts paid to him in accordance with the decision of the body for the consideration of an individual labor dispute, when the decision is canceled by way of supervision, is allowed only in cases where the canceled decision was based on false information reported by the employee or forged documents submitted by him. Panina A.B. Labor law. Textbook.-M: Publishing House "FORUM" - INFRA - M, 2008. S. 257

Answer.

Article 247. Immediate execution of certain decisions and decisions on labor matters

The decision or resolution adopted by the body for the consideration of labor disputes specified in Article 243 of this Code shall be subject to immediate execution.

A court decision on the payment of wages to an employee, but not more than one month in advance, is also subject to immediate execution in accordance with civil procedural legislation.

Article 248

The decision of the commission on labor disputes is subject to execution by the employer not later than within three days after the expiration of 10 days provided for its appeal, with the exception of Article 247 of this Code.

Article 249. Enforcement of the decision of the commission on labor disputes

If the employer fails to comply with the decision of the commission on labor disputes within the prescribed period (Article 248), it issues to the employee a certificate that has the force of a writ of execution.

The certificate shall not be issued if the employee or the employer has filed an application with a court for the resolution of a labor dispute within the prescribed period (Article 242).

On the basis of a certificate issued and presented to the court no later than three months, the bailiff enforces the decision of the labor dispute commission by force.

If an employee misses the established three-month period for good reasons, the labor dispute commission that issued the certificate may restore this period.

Economic procedural legislation

Question 217

Basic principles of legal proceedings in the economic court. The right to appeal to the economic court.

Answer.

Article 1. Basic terms and their definitions used in this Code

Unless otherwise follows from the text or content of this Code, the terms used in it have the following meaning:

close relatives - parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren;

citizen - an individual who is not an individual entrepreneur, including a foreign citizen and a stateless person;

individual entrepreneur - an individual engaged in entrepreneurial activities without forming a legal entity and registered in the prescribed manner;

foreign person - foreign organizations, international organizations, foreign citizens, stateless persons engaged in entrepreneurial and other business (economic) activities;

a ruling that prevents the further progress of the case - a ruling by the economic court to terminate the proceedings on the case, including when approving a settlement agreement; on leaving the statement of claim (statement, complaint) without consideration; on refusal to accept a statement of claim (statement, complaint) and other rulings that are issued in the cases provided for by this Code and other legislative acts;

jurisdiction - delineation of competence for resolving disputes and considering cases between the Constitutional Court of the Republic of Belarus, general courts, economic courts, international arbitration (arbitration) courts, bodies for resolving labor disputes and considering cases, other bodies and organizations;

cognizance - the relevance of the case, subordinate to the economic court, to the jurisdiction of the economic court of first instance;

decision of the economic court - a judicial decision, other judicial act issued by economic courts, judges of the economic court, bailiffs;

conciliator - a person appointed by the economic court in accordance with this Code to conduct negotiations between the parties in the conciliation procedure in the economic court;

conciliation procedure - holding by the parties of negotiations with the participation of the conciliator on the possibility and conditions of reconciliation on an economic (economic) dispute arising from civil legal relations, in order to develop a mutually acceptable agreement on reconciliation for the parties and its subsequent execution;

prosecutor - the Prosecutor General of the Republic of Belarus and all prosecutors subordinate to him, their deputies, senior assistants and assistants, senior prosecutors and prosecutors of the main departments, departments and departments, acting within their competence;

the composition of the economic court - the judge (judges) of the economic court, resolving the dispute, considering a specific case;

judicial decision - a decision, decision, ruling of the economic court, which are issued within the framework of legal proceedings in the economic court;

economic court judge - a person appointed to the position of a judge of an economic court in accordance with the legislation and endowed in accordance with the Constitution of the Republic of Belarus with the authority to administer justice in the field of entrepreneurial and other economic (economic) activities;

economic (economic) dispute - a dispute arising in the course of entrepreneurial and other economic (economic) activities;

economic court - the Supreme Economic Court of the Republic of Belarus, economic courts of regions and the city of Minsk, specialized economic courts formed in accordance with the Constitution of the Republic of Belarus, legislative acts on the judiciary and the status of judges and legislative acts on economic courts.

Article 2. Administration of justice in the sphere of entrepreneurial and other economic (economic) activities

Justice in the sphere of entrepreneurial and other economic (economic) activities is carried out by economic courts according to the rules established by the legislation on legal proceedings in economic courts, by resolving economic (economic) disputes arising from civil, administrative, land, financial and other public legal relations, and considering other cases referred to their competence by this Code and other legislative acts.

Article 3. Purposes of legal proceedings in economic courts

The objectives of legal proceedings in economic courts are:

ensuring the legal resolution of disputes arising from the implementation of entrepreneurial and other economic (economic) activities, as soon as possible within the limits established by legislative acts;

a fair trial by a competent, independent and impartial tribunal.

Article 4. Tasks of legal proceedings in economic courts

The tasks of legal proceedings in economic courts are:

correct and timely consideration of cases by economic courts;

protection of violated or disputed rights and legitimate interests of legal entities, individual entrepreneurs, as well as the rights and legitimate interests of the Republic of Belarus, administrative-territorial units of the Republic of Belarus, state bodies, local government and self-government bodies, other bodies and officials in this area, and in in cases stipulated by legislative acts - organizations that are not legal entities and citizens;

assistance in strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic (economic) activities;

execution of judicial decisions and acts of other bodies established by this Code and other legislative acts on legal proceedings in economic courts;

assistance in the formation and improvement of partnership business relations, the achievement of reconciliation of the parties, the formation of customs and ethics of business turnover;

Article 5. Legislation on legal proceedings in economic courts

Legal proceedings in economic courts are regulated by the Constitution of the Republic of Belarus, this Code, laws of the Republic of Belarus, decrees and decrees of the President of the Republic of Belarus, as well as international treaties of the Republic of Belarus.

Proceedings in economic courts are conducted according to the legislation in force at the time of resolving a dispute, considering a case, performing certain procedural actions or executing executive documents.

Article 6

In order to protect their violated or disputed rights and legitimate interests in the economic court, in the manner prescribed by this Code, the following may apply:

legal entities;

individual entrepreneurs;

organizations that are not legal entities (including collectives of employees) - in cases provided for by legislative acts;

citizens - in cases stipulated by legislative acts.

The right to appeal to the economic court in order to protect state and public interests, as well as the interests of the persons specified in the first part of this article, in cases provided for by legislative acts, have the prosecutor, state bodies, local government and self-government bodies, other bodies.

If legislative acts for a certain category of disputes or an agreement establish a pre-trial dispute settlement procedure, the dispute may be referred to the economic court only if such procedure is observed, except for the cases provided for by part four of this article.

The persons specified in the second part of this article have the right to apply to the economic court without observing the pre-trial procedure for settling the dispute.

Article 7. Forms of applying to the economic court

Appeal to the economic court is carried out in the form:

statement of claim - on economic (economic) disputes and other issues arising from civil legal relations;

applications - on disputes arising from administrative and other public legal relations, as well as on cases of economic insolvency (bankruptcy); on the establishment of facts of legal significance (legal facts); on the initiation of writ proceedings; on the invalidation of the decision; on review of the case due to newly discovered circumstances; on initiation of enforcement proceedings; on the issuance of a court order for the enforcement of a decision of an arbitration court, an international arbitration (arbitration) court located on the territory of the Republic of Belarus; on the recognition and enforcement of decisions of courts of foreign states adopted by them in disputes and other cases related to the implementation of entrepreneurial and other economic (economic) activities (hereinafter referred to as the decision of a foreign court), and decisions of foreign international arbitration (arbitration) courts adopted by them in the territories of foreign states on disputes and other cases related to the implementation of entrepreneurial and other economic (economic) activities (hereinafter referred to as a foreign arbitration award);

complaints (appeal, cassation, by way of supervision, etc.) - in cases provided for by this Code and other legislative acts;

protest - in cases provided for by this Code and other legislative acts;

petitions (on joining the case as third parties; on securing a claim; on the performance of other procedural actions, etc.) - in the cases provided for by this Code;

submissions on the review of the case due to newly discovered circumstances;

in other forms provided for by legislative acts.

An appeal in the forms specified in part one of this article may be additionally transferred to the economic court in electronic form in the manner prescribed by law.

Article 8. Methods of judicial protection

The economic court, within its competence and jurisdiction, protects the rights and legitimate interests of participants in civil, administrative and other legal relations in the ways provided for by the Constitution of the Republic of Belarus, this Code, the Civil Code of the Republic of Belarus and other legislative acts.

Article 9

The economic court adopts judicial decisions in the form of a decision, resolution, ruling of the economic court.

The court decision adopted by the economic court of the first instance when considering the case on the merits is called the decision of the economic court.

Judicial decisions adopted by economic courts of appellate, cassation and supervisory instances based on the results of consideration of appeals, cassation complaints (protests) and protests in the procedure of supervision are referred to as decisions of the economic court.

Other court rulings adopted in the course of legal proceedings are referred to as rulings of the economic court.

Court orders must be lawful and justified.

Features of execution of decisions on labor disputes. Legal features of consideration by courts of certain labor disputes

More on the topic § 4. Execution of decisions on individual labor disputes:

87. Execution of decisions on individual labor disputes

88. Concept, subject, subjects (parties) of a collective labor dispute. The moment of the emergence of a collective labor dispute

ENFORCEMENT OF DECISIONS ON LABOR DISPUTES.