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

of December 22, 2022 No. 7

About application of the legislation by courts by hearing of cases about annulment of marriage

Having discussed results of generalization of practice of consideration by courts of cases on annulment of marriage, for the purpose of the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that owing to provisions of part one of article 32 of the Constitution of the Republic of Belarus scrap as the union of the woman and man, the family, motherhood, paternity and the childhood are under protection of the state.

By hearing of cases about annulment of marriage courts should take the measures directed to conciliation of spouses and preserving family, to provide protection of the rights and legitimate interests of minor children, and also following from the marriage and family relations of the property and personal non-property rights of spouses, other family members.

2. To courts to mean that according to general rules of cognizance (Article 46 of the Code of civil procedure of the Republic of Belarus (further - GPK) the action of rescission of scrap is filed a lawsuit, as a rule, at the place of residence of the defendant.

At the last place of residence of the defendant the action of rescission of scrap and in case of his condemnation to imprisonment can be made.

If the residence of the defendant is unknown or he does not take the residence in the Republic of Belarus, the action of rescission of scrap can be made in the location of its property or in the last known place of his residence in the Republic of Belarus (Article part one 47 GPK).

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