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

of June 28, 2007 No. 8

About practice of application by courts of the housing legislation on cases on agreement cancelation of hiring of premises and eviction

Having discussed results of studying of court practice on cases on agreement cancelation of hiring of premises and eviction, and also accomplishment of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of March 30, 2000 No. 3 "About some questions of application by courts of the housing legislation" in this part, the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that the regulations of the p. 3 of Art. 48 of the Constitution of the Republic of Belarus that nobody can be randomly deprived of housing are the most important guarantee of observance of the right of citizens for the dwelling. Therefore agreement cancelation of hiring of premises and eviction of citizens judicially is allowed only in the presence of the bases established by the law.

2. Explain to courts that Art. of the Art. 36, 37 ZhK determine the bases and procedure for agreement cancelation of hiring of premises of both the state, and private housing stock. Violation требованияч. The 2nd Art. 36 of ZhK about the written prevention in three months of other party with indication of motives of agreement cancelation of hiring of premises does not attract previously refusal in initiation of proceedings, however is the basis to refusal in the action of rescission of the agreement.

The three-months term of the warning of agreement cancelation of hiring of premises is estimated from the date of receipt of the written prevention by other party and about day of the address with the claim to court.

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