of December 22, 2022 No. 7
About application of the legislation by courts by hearing of cases about annulment of marriage
Having discussed results of generalization of practice of consideration by courts of cases on annulment of marriage, for the purpose of 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 owing to provisions of part one of article 32 of the Constitution of the Republic of Belarus scrap as the union of the woman and man, the family, motherhood, paternity and the childhood are under protection of the state.
By hearing of cases about annulment of marriage courts should take the measures directed to conciliation of spouses and preserving family, to provide protection of the rights and legitimate interests of minor children, and also following from the marriage and family relations of the property and personal non-property rights of spouses, other family members.
2. To courts to mean that according to general rules of cognizance (Article 46 of the Code of civil procedure of the Republic of Belarus (further - GPK) the action of rescission of scrap is filed a lawsuit, as a rule, at the place of residence of the defendant.
At the last place of residence of the defendant the action of rescission of scrap and in case of his condemnation to imprisonment can be made.
If the residence of the defendant is unknown or he does not take the residence in the Republic of Belarus, the action of rescission of scrap can be made in the location of its property or in the last known place of his residence in the Republic of Belarus (Article part one 47 GPK).
The action of rescission of scrap can be made at the place of residence of the claimant when in case of it there are minor children or when for health reasons departure of the claimant to the residence of the defendant is represented for it difficult, and also in cases when the defendant is acknowledged in the procedure established by the law is unknown absent, incapacitated, is condemned for crime execution to imprisonment for the term of at least three years (part nine and the tenth Articles 47 GPK).
Cognizance of cases on annulment of marriage of citizens of the Republic of Belarus with foreign citizens or stateless persons, and also about annulment of marriage between foreign citizens, foreign citizens and stateless persons, stateless persons, at least one of which has permission to permanent residence in the Republic of Belarus, owing to requirements of article 231 of the Code of the Republic of Belarus about scrap and family (further - KOBS), Articles 544 GPK is determined by the legislation of the Republic of Belarus if other is not established by the international treaty of the Republic of Belarus (for example, article 29 of the Convention on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993, article 32 of the Convention on legal assistance and legal relations on civil, family and criminal cases of October 7, 2002) or the written agreement of the parties.
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