of June 24, 2004 No. 9
About court practice on cases on indemnification, caused by vehicles
Having discussed practice of application by courts of the legislation by hearing of cases on indemnification caused by vehicles, the Plenum of the Supreme Court of the Republic of Belarus
DECIDES:
1. Draw the attention of courts that the relation on indemnification caused by vehicles are regulated by the Civil code of the Republic of Belarus (further – group of companies), the Regulations on insurance activity in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530 (further – the Provision), 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 other regulatory legal acts.
Rules of international treaties of the Republic of Belarus, in particular Art. 45 of the Convention on legal assistance and legal relations on civil, family and criminal cases of October 7, 2002 (it is concluded in Chisinau, became effective on April 27, 2004), and also the Agreement on compulsory insurance of passengers are applied to the relations on indemnification with participation of foreign citizens and legal entities in case of the international motor transportations of January 13, 1999.
2. Courts should mean that rules about payment of insurance indemnity extend to the relations on indemnification, caused by vehicles, arisen since July 1, 1999 (from the moment of introduction of this type of insurance). If the fact of causing such harm took place till July 1, 1999, then harm is compensated according to provisions of Chapter 58 of the Civil Code, at the same time in case of damnification of life and to health of the citizen rules of Art. 1149 of Final provisions of group of companies are considered.
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