The judicial system of Belarus

The judicial system of Belarus consists of three high courts: the Supreme Court, the Supreme Economic Court, and the Constitutional Court. Higher courts serve as appellate courts but also serve as courts of first instance. Trials are generally public unless closed on grounds of national security. Litigants have a right to counsel and, in cases of need, to appointment of counsel at state expense.

The president appoints all district level and military judges. The Constitutional Court is charged with protecting the constitution, and its decisions are not subject to appeal. It has the power to review the constitutionality of presidential edicts and the regulatory decisions of the other two high courts.

The 1996 Constitution gives the president the power to appoint 6 of the 12 members of the Constitutional Court, including the chief justice. The Council of the Republic appoints the other remaining 6 members of the Constitutional Court. Regardless of the manner of appointment, the judges sit on the bench for a term of 11 years. The Constitutional Court was established in 1994, and adjudicates serious constitutional issues but it has no power to enforce its decisions.

Prosecutors are responsible to the Procurator General who is appointed by the Council of the Republic according to the 1996 constitution. The offices of prosecutors consist of district offices, regional and republic level offices.

Answer the questions.

1. What is the structure of the judicial system of Belarus?

2. What are general functions of higher courts?

3. What rights are assigned to litigants?

4. Do we have carrier judges or appointed judges?

5. What is the main function and composition of the Constitutional Court?

6. What is the essence of the prosecution system?

TEXT 5. Read the text and get ready to discuss it.

Alternative dispute resolution

Alternative dispute resolution suggests a variety of techniques for resolving disputes without the need of conventional litigation. It may include mini-trial (a shortened simplified form of court hearing ), informal methods of arbitration and structured forms of conciliation using a specially trained mediator acting as a go-between.

In the field of commerce many parties prefer to refer their disputes to arbitration rather than to have them resolved in court. The parties agree to place their dispute in the hands of an independent third party and invest him with the power to decide the issue. The main advantages of arbitration are that the proceedings are in private and that the arbitrator will have special knowledge of the particular trade or business. Arbitration may also be faster and cheaper than court procedure, but this is not necessarily the case, since it may take several months for the parties to agree on an arbitrator and arrange proceedings, and arbitrator’s and lawyer’s fees can be very high. The parties may appoint any person they wish to act as arbitrator. Lawyers are often appointed, but in some cases a person with relevant technical knowledge is appointed.

An arbitrator is bound to apply the law accurately, he is subject to extensive control of the courts, with respect to both the manner in which the arbitration is conducted and the correctness of the law applied. The judgment of an arbitrator is called his award and is subject to an appeal to the high Court on a question of law.

Consent to arbitration by a state can be given in three ways:

• By inclusion of a special arbitration clause in a treaty;

• By a general treaty of arbitration, which arranges arbitration procedures for future disputes;

• By a special arbitration treaty designed for a current dispute.

Complete the line of synonyms with the word from the text.

1. customary, habitual, traditional, ____________

2. appeasement, pacification, ____________

3. intermediary, moderator, ____________

4. dependent, subordinate, ____________

5. decision, judgement, verdict, ____________

6. permission, approval, sanction, ____________

Answer the questions:

1) What types of alternative dispute resolution can be used instead of conventional litigation?

2) What are the main advantages of arbitration?

3) To what control is the arbitrator subject?

4) What are possible variants to conduct arbitration?

Ex. 8. Translate the text into English.