of December 16, 2004 No. 13
About practice of consideration by courts of cases on recognition of the citizen limited capable or incapacitated, and also about recognition of the citizen capable or about legal incapacity cancellation
Having discussed results of studying of practice of consideration by courts of cases on recognition of the citizen it is limited capable or incapacitated, and also about recognition of the citizen capable or about legal incapacity cancellation, for the purpose of uniform and correct application of the legislation by courts the Plenum of the Supreme Court of the Republic of Belarus
DECIDES:
1. Draw the attention of courts that respecting the rule of law by hearing of cases about recognition of the citizen is limited capable or incapacitated, and also cases on cancellation of legal incapacity or on recognition of the citizen capable is important guarantee of judicial protection of the civil laws. Therefore for this category it is necessary comprehensively, fully and objectively to find out availability of the circumstances which formed the basis for the statement of such requirements and to provide their consideration in strict accordance with provisions of Chapter 30 of the Code of civil procedure of the Republic of Belarus (further – GPK) (the Art. of the Art. 362, 373–376 GPK).
2. Courts need to mean that according to p.1 Art. 30 of the Civil code of the Republic of Belarus (further – group of companies) two conditions which are in causal relationship are necessary for legal incapacity of the citizen: 1) abuse of it of alcoholic drinks, drugs, psychotropic substances, their analogs; 2) postavleniye of the family in difficult financial position. Availability of earnings and other income at other family members in itself cannot be the basis for refusal in satisfaction of the declared requirements.
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