of September 26, 2002 No. 7
About court practice on cases on deprivation of the parent rights
Having discussed materials of generalization of court practice on cases on deprivation of the parent rights, for the purpose of ensuring the correct application of the legislation by hearing of cases of this category Plenum of the Supreme Court of the Republic of Belarus
DECIDES:
1. Draw the attention of courts that deprivation of the parent rights is exclusive measure for protection of the rights and interests of children. Owing to Art. 32 of the Constitution of the Republic of Belarus children can be separated the family against the will of parents and other persons replacing them, only based on the judgment if the parents or other persons replacing them do not carry out the obligations.
By hearing of cases on disputes on deprivation of the parent rights courts should be guided by the Convention on the Rights of the Child accepted by the United Nations General Assembly on November 20, 1989, the Convention on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993, the Convention on the legal assistance and legal relations on civil, family and criminal cases signed in Chisinau on October 7, 2002; The Code of the Republic of Belarus about scrap and family (further – KOBS), the Law of the Republic of Belarus of November 19, 1993 No. 2570-XII "About the child's rights", the Regulations on guardianship and custody bodies approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 1999 No. 1676, other regulatory legal acts.
2. Cases on deprivation of the parent rights are considered according to the procedure of claim production taking into account the features established for this category put the Code of civil procedure of the Republic of Belarus (further – GPK) and KOBS.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.