of July 19, 2002 No. P-145/2002
About legal regulation of the conclusion by physical persons of loan agreements in foreign currency
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Vorobey G. A. judges., Kenik K. I., Sarkisova E. A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on Article 40, parts one of article 116 of the Constitution of the Republic of Belarus, article 18 of the Law of the Republic of Belarus "About the status of the deputy of the House of Representatives, the member of council of the Republic of National assembly of the Republic of Belarus" addresses of citizens and the address of the deputy of the House of Representatives of National assembly of the Republic of Belarus Novosyad V. V. concerning legitimacy of collection by courts in the income of the state of foreign currency as subject of the loan agreements signed by citizens among themselves.
Having analyzed provisions of Civil and Bank codes, the Decree of the President of the Republic of Belarus of February 5, 1997 No. 1 "About measures for providing procedure when implementing currency transactions" (further - the Decree No. 1), other regulatory legal acts, including acts of National Bank of the Republic of Belarus, the currency transactions regulating procedure for carrying out in the territory of the Republic of Belarus, the Constitutional Court established the following.
According to Item 3 of Article 760 of the Civil code the foreign currency can be the subject of the agreement of loan in the territory of the Republic of Belarus with observance of rules of Articles 141, 142 and 298 these Codes.
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