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

of December 22, 2011 No. 9

About practice of consideration by courts of land disputes

Having discussed practice of consideration by courts of land disputes, for the purpose of prevention of miscarriages of justice, the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that the disputes arising in the field of land relations are subject to permission taking into account regulations of the Code of the Republic of Belarus on the earth, the Law of the Republic of Belarus of July 22, 2002 No. 133-Z "About state registration of real estate, the rights to it and transactions with it", acts of the President of the Republic of Belarus (in particular, decrees of February 2, 2009 No. 58 "About some measures for protection of property rights in case of seizure of land for the state needs", of September 23, 2011 No. 431 "About some measures for enhancement of the relations in the field of withdrawal, provision and use of the parcels of land"), and also other regulatory legal acts accepted according to them.

The regulations of civil and other legislation regulating land legal relationship are applied to these relations if other is not stipulated by the legislation about protection and use of lands.

2. Courts should mean that according to the paragraph the land disputes connected with the right of private property to the parcels of land, inheritance of the parcels of land, indemnification, and also disputes between the participants of joint household, persons having capital structures (buildings, constructions) in common property are third Art. 108 of the Code of the Republic of Belarus within competence of the courts about the earth.

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