of September 24, 2026 No. 12
About practice of application by courts of general provisions of the Civil code of the Republic of Belarus about lease
Having discussed results of generalization of practice of application by courts of general provisions of the Civil code of the Republic of Belarus (further - group of companies) about lease, for the purpose of ensuring 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 correct dispute resolution, arising from lease agreements, is directed to respect for the principles of supremacy of law and ensuring recovery of the violated rights of subjects of civil legal relationship, maintenance of stability of civil circulation.
2. By consideration of the disputes arising from lease agreements, courts should be guided by the Constitution of the Republic of Belarus, the Civil Code, 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" (further - the Law on state registration of real estate), presidential decrees of the Republic of Belarus of August 4, 2006 No. 497 "About some questions of lease (sublease), hiring of residential and non-residential premises, parking places" and of May 16, 2023 No. 138 "About lease and free use by property" (further - the Decree No. 138), and also other acts of the legislation.
3. It must be kept in mind that the lease agreement can be signed orally or in writing (simple or notarial).
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