RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of June 29, 2018 No. 5

About modification and amendments in the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of June 24, 2004 No. 9

Due to the change of the legislation on indemnification caused by vehicles, and also the questions Plenum of the Supreme Court of the Republic of Belarus arising in court practice decides:

Bring in the resolution of the Plenum of the Supreme Court of the Republic of Belarus of June 24, 2004 No. 9 "About court practice on cases on indemnification, caused by vehicles" (The national register of legal acts of the Republic of Belarus, 2004, No. 106, 6/412; 2005, No. 160, 6/459; 2007, No. 16, 6/673; 2012, No. 44, 6/1144) following changes and amendments:

1. in Item 1 part one:

1.1. replace figures "11" with figures "13";

1.2. words "and also the laws of the Republic of Belarus of June 3, 1993. "About insurance", of January 9, 2002. "About obligatory civil liability insurance of carrier before passengers" "shall be replaced with words" the charter of the Belarusian bureau on transportation insurance approved by the Presidential decree of the Republic of Belarus of December 1, 1999 No. 701, and also";

2. add the resolution with Item 3 following of content:

"3. Explain to courts that owing to obligatory civil liability insurance of owners of vehicles the harm done to life or health of physical persons, their property or property of legal entities as a result of the road accidents is compensated by the insurer in the form of insurance indemnity. In case of absence at the causer of harm of the agreement of obligatory civil liability insurance of owners of vehicles, damnification by the vehicle which left possession of the owner without his fault and also in other cases which are directly provided in the Charter of the Belarusian bureau on transportation insurance, calculations with the victim are perfromed by the Belarusian bureau on transportation insurance.

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