Attracting Foreign Investors

On April 15th and 16th 2010 was held in Minsk the first international judicial forum organized by the Supreme Economic Court of Belarus. The topic of the conference was the legal protection of rights. Many high representatives of the legal world of a vast number of countries including Azerbaijan, Armenia, Austria, the Czech Republic, Estonia, Hungary, India, Kazakhstan, Kirghizstan, Latvia, the Russian Federation, South Korea, Turkey, Venezuela, Vietnam and others, as well as various non-governmental organizations, answered the invitation of the Supreme Economic Court of Belarus and its president Victor Kamenkov, to take part in the event. The UIHJ was represented by its vice-president Roger Dujardin, and by Marc Schmitz, member of the Committee.
The forum took place in the prestigious National Library of Belarus, whose architecture reflects the contours of a diamond.
The forum was opened by the reading of a welcome speech written by President Lukashenko who perfectly introduced the meeting and the fixed topic. As the forum was organized by the Supreme Economic Court of the Republic of Belarus, it is only natural that the protection of the rights aimed by this forum centralized around the rights of economic entities.
Besides, President Kamenkov underlined in his speech the role of economic courts within the framework of modern economic reforms that justice can develop only by an increase in the transparency of the legal system.
The Minister for the Economic affairs of the Republic of Belarus, Nikolai Snopkov, drew the attention of the participants to the fact that the creation of a transparent and protective legal environment of the rights of economic entities is essential to attract foreign investors towards Belarus and to accompany the privatization process of companies which the country currently seeks. Thus its industrial potential will be able to be preserved and contribute to an increased economic prosperity for all the population.
Petr Miklashevich, President of the Constitutional Court of the Republic of Belarus, insisted on the fact that the freedom of ownership and trade are fundamental pillars based on constitutional standards. It is necessary to protect these rights and freedoms.
Among the many brilliant interventions of the participants coming from the East and West, it is necessary to mention that of Andrey Trebkov, President of the Union internationale des avocats, who is persuaded that the current economic crisis will continue to have long-term effects. Hence the importance to consider that the protection of economic rights is essential, especially in the new independent States which have just left the Soviet system and which have not been able yet to acquire much experience in this field.

A Communication between Professionals at Very High Level

The representative of the UIHJ, Roger Dujardin, extended rightly and in a remarkable talk the protection of the right of enforcement to private individuals. He did not limit himself to the rights of creditors, but also approached those of debtors, by condemning all forms of “private justice” incompatible with democracy in the Rule of Law. The vice-president of the UIHJ then enumerated the European principles and objective on enforcement such as transparency and separation of powers. He explained how access to enforcement services should be organized and what the European expectancies towards enforcement agents are. The qualities of enforcement agents, being civil servants or liberal professionals, should be that of a multi-tasking agent who exerts multi-field activities. Access to various databases is essential to guarantee these activities to this enforcement agent, an effective means to carry out his mission successfully in the long term. An unlimited access of the creditor to these databases should however be avoided since it goes against the right to the protection of private life.
Artur Olegovich Parfenchikov, Director of the Federal service of judicial officers of the Russian Federation, as for him, pled rightly for the transfer of extra-judicial debt collecting towards judicial officers ; a plea which was greeted openly by all the participants.
In conclusion, one of the main aims of this first international forum was undeniably reached, namely communication between professionals at very high level, and this not only between judicial bodies and ministries of the various participating States, but also towards and with international organizations.
The Vice-President of the UIHJ met Victor Grigoryevich Golovanov, Minister for Justice of the Republic of Belarus. Mr. Golovanov expressed all his interest for the Guide Lines of the CEPEJ and raised very precise questions concerning the presentation of Roger Dujardin. At the end, the Minister for justice expressed the intention to create in his country, if possible, a liberal judicial officer.
After having fully enjoyed the incomparable hospitality of Belarus authorities, the delegates of the UIHJ had to take a rather tricky journey home. Because of the air traffic problems caused by the eruption of the Icelandic volcano, Roger Dujardin and Marc Schmitz had to organize their return home in a rather uncommon way. They were to embark on an unforgettable journey: 27 hours on the train (with no facilities) followed by 6 hours in the car, that is to say 33 hours on the whole to join their families. This tour was highlighted in an extraordinary way by the fellow-member Michal Redelbach from Poland, who, while the rain crossed his country, spontaneously organized a hot meal, a set of desserts and a bottle of red wine, the whole been served on one of the platforms of the Warsaw train station ! Long live such fellowship!