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

of March 31, 2022 No. 1

About change of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of March 26, 2003 No. 2

Due to the change of the legislation and 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 March 26, 2003 No. 2 "About application of the legislation by courts in case of the dispute resolution, connected with the property right to premises" changes, having been reworded as follows it:

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

About application of the legislation by courts in case of the dispute resolution, connected with the property right to premises

Having discussed results of generalization of court practice on the disputes connected with the property right to premises for the purpose of ensuring the correct application of the legislation in case of permission of cases of this category Plenum of the Supreme Court of the Republic of Belarus decides:

1. Owing to provisions of article 44 of the Constitution of the Republic of Belarus, Item 1 of Article 210 of the Civil code of the Republic of Belarus (further - group of companies) to the owner possess rights of possession, uses and orders of the property. The property acquired by legal method is protected by the state. The security of property, the right of its inheritance are protected by the law.

The citizen - the owner of the apartment house, other premises (further - premises) performs rights of possession, uses and orders according to purpose of premises, that is has the right to use it for personal accommodation and accommodation of members of the family, to provide for accommodation based on the agreement. Use of premises is not to destination allowed only in cases, stipulated by the legislation.

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