of February 15, 2012 No. 1
About some questions of hearing of cases arising from rent legal relationship
Plenum of Supreme Economic Court of the Republic of Belarus for the purpose of ensuring the correct and uniform application of the legislation by economic courts of the Republic of Belarus by hearing of cases, arising from rent legal relationship (except for leases of the parcel of land and other isolated natural objects), being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, DECIDES to make the following explanations.
1. Judicial protection of the rights and legitimate interests of persons participating in the cases arising from rent legal relationship is guaranteed by Articles 13, 60 Constitutions of the Republic of Belarus.
Legal regulation in the field of rent legal relationship is provided by regulations of Chapter 34 of the Civil code of the Republic of Belarus (further - group of companies), the Law of the Republic of Belarus of December 12, 1990 "About lease" (Vyarkhochnaga Savet's Vedamastsi of SSR Belaruskay, 1991, No. 1 (3), Art. 1; The national register of legal acts of the Republic of Belarus, 2010, No. 15, 2/1666) (further - the Law on lease), the Decree of the President of the Republic of Belarus of December 19, 2008 No. 24 "About some questions of lease of capital structures (buildings, constructions), the isolated rooms, parking places" (The national register of legal acts of the Republic of Belarus, 2008, No. 305, 1/10313; 2011, No. 98, 1/12792) (further - the Decree No. 24), the Presidential decree of the Republic of Belarus of March 29, 2012 No. 150 "About some questions of lease and free use by property" (The national register of legal acts of the Republic of Belarus, 2012, No. 39, 1/13414) (further - the Decree No. 150), the Presidential decree of the Republic of Belarus of March 24, 2005 No. 148 "About urgent measures for support of entrepreneurship" (The national register of legal acts of the Republic of Belarus, 2005, No. 52, 1/6336; 2011, No. 136, 1/13125) (further - the Decree No. 148), other acts of the legislation of the Republic of Belarus.
2. According to part three of Item 2 of Article 3 and part one of article 1137 of Zakon Group about lease it is applied in the part which is not contradicting group of companies.
The Law on lease and Chapter 34 of the Civil Code in the part which is not contradicting the Decree No. 150 are applied to the legal relationship following from lease agreements of the real estate which is in state-owned property and in property of economic societies in which authorized capitals more than 50 percent of shares (shares) are in property of the Republic of Belarus and (or) its administrative and territorial units (further the real estate which is in state-owned property) including by transfer of such property to the sublease.
To the legal relationship connected with lease of capital structures (buildings, constructions), the isolated rooms, their parts in the markets and in shopping centers for the organization and implementation of retail trade (further - trade places), the Law on lease and Chapter 34 of the Civil Code in the part which is not contradicting decrees No. 148 and No. 150 are applied.
Paragraph 1 of Chapter 34 of the Civil Code containing general provisions about the lease agreement is applied to different types of the lease agreement and separate types of the leased property: hire, lease of vehicles, lease of buildings and constructions, lease of the companies, finance lease (leasing) if other is not established by the legislation, including regulations of group of companies about these agreements. According to Article 596 of group of companies special regulations have priority.
Considering that the isolated rooms, parking places, their parts are the real estate objects other than capital structures (buildings, constructions) in which they are, but inseparably linked with them, to lease agreements of the isolated rooms, parking places, their parts rules of paragraphs 1, 4 Chapters 34 of the Civil Code are applied.
Draw the attention of economic courts that determinations of terms and the concepts "capital structure (building, construction)", "the isolated room", "parking place" contain in article 1 of the Law of the Republic of Belarus of July 22, 2002 "About state registration of real estate, the rights to it and transactions with it" (The national register of legal acts of the Republic of Belarus, 2002, No. 87, 2/882; 2011, No. 65, 2/1823) (further - the Law on state registration).
3. Adoption (edition) of the act of state body or body of local authority and self-government about leasing of the real estate which is in state-owned property is the basis for the conclusion of the lease agreement, however in itself does not generate rent legal relationship.
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