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THE CODE OF THE REPUBLIC OF BELARUS ABOUT SCRAP AND THE FAMILY

of July 9, 1999 No. 278-Z

(as amended on 18-12-2019)

Accepted by the House of Representatives on June 3, 1999

Approved by Council of the Republic on June 24, 1999

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Tasks of the legislation on scrap and family

Tasks of the legislation on scrap and family are:

strengthening of family in the Republic of Belarus as natural and main cell of society on the principles of universal morals, non-admission of easing and destruction of family relations;

creation of the family relations on the voluntary marriage union of the woman and man, equal rights of spouses in family, on mutual love, respect and mutual assistance of all family members;

establishment of the rights of children and providing their priority according to this Code;

establishment of the rights and obligations of spouses, parents and other family members according to provisions of the Constitution of the Republic of Belarus, rules of international law;

maternity welfare and paternity, the rights and legitimate interests of children, providing favorable conditions for development and formation of each child;

accounting of the best interests of the child in case of acceptance by state bodies, other organizations of decisions concerning children.

Article 2. The relations regulated by the legislation of the Republic of Belarus on scrap and family

The legislation on scrap and family establishes procedure and conditions of marriage, affirms the rights and obligations of family members, governs the personal non-property and property relations arising in connection with adoption (adoption) (further – adoption), guardianship and custody, other forms of the device on education in seven orphan children and children without parental support, procedure and conditions of the termination of scrap, recognition its invalid, order of registration of acts of civil status, other family relations.

Article 3. Protection of family by the state

Family, being natural and main cell of society, is under protection of the state.

The state shows care of family by creation of conditions for economic independence and growth of welfare of family, preferential tax policy, payment of public welfare payments to the families raising children, provisions of the state support for construction (reconstruction) or acquisition of premises according to legal acts, creations and developments of organizations of education, the organizations of culture, physical culture and sport, health care, creation of conditions for combination by parents of labor activity to accomplishment of family obligations, development of infrastructure of life.

Education of children and housekeeping is recognized socially useful work.

In the sphere of social policy the state considers priority task protection of scrap, family, maternity welfare, paternity and the childhood.

Article 4. Legal regulation of the marriage and family relations by the state

Only the scrap concluded in the bodies registering acts of civil status is recognized.

The religious practices concerning questions of marriage and family have no legal value.

This rule does not extend to the bodies made before education or recovery registering acts of civil status, religious practices and documents on the birth, marriage, annulment of marriage and death received in their confirmation.

Article 5. Implementation of the rights following from the marriage and family relations

The rights following from the marriage and family relations are protected by the law unless these rights are performed in contradiction with their appointment.

Implementation of the rights following from the marriage and family relations shall not violate the rights and legitimate interests of other citizens, cause damage to interests of society and state.

Article 6. Protection of the rights following from the marriage and family relations

Protection of the rights following from the marriage and family relations is provided with the commissions on cases of minors, the guardianship and custody bodies, bodies registering acts of civil status, the bodies of prosecutor's office, courts, other state bodies and the organizations authorized by the legislation.

In limits, stipulated by the legislation, self-defense of the rights following from the marriage and family relations is allowed.

In the cases provided by the agreement of the parties, interested persons before appeal to the court with the claim for protection of the violated or challenged rights following from the marriage and family relations having the right to settle dispute with participation of mediator (mediators).

Article 7. Legislation of the Republic of Belarus on scrap and family

The legislation on scrap and family is based on the Constitution of the Republic of Belarus and consists of of this Code and other acts of the legislation.

Civil, housing and other legislation is applied to the family relations only in case of lack of regulation of these relations by the legislation on scrap and family.

The ministries and other republican state bodies can publish regulatory legal acts on the questions concerning the marriage and family relations in the cases and limits provided by this Code and other acts of the legislation.

Chapter 2. Limitation period and calculation of terms

Article 8. Limitation period

On the requirements following from the marriage and family relations, limitation period does not extend, except as specified, when term for protection of the violated right is established by this Code.

Article 9. Beginning of current of term of limitation period

The current of term of limitation period begins since, of this Code specified in the relevant article and if this time is not specified, then from the date of when person learned or owed learn about violation of the right.

Article 10. Procedure for use of limitation period

In case of application of the regulations establishing limitation period, the court is guided by Articles 199, 203-208 Civil codes of the Republic of Belarus.

Article 11. Calculation of terms

In case of calculation of the terms established by this Code the rules provided by Articles 150 and 151 of the Code of civil procedure of the Republic of Belarus are applied if other is not established by legal acts.

Section II. Scrap

Chapter 3. General provisions

Article 12. Scrap

Scrap is voluntary alliance of the man and woman which is concluded on the conditions provided by this Code is directed to creation of family and generates the mutual rights and obligations for the parties.

Article 13. Marriage agreement

For the purpose of increase in culture of the marriage and family relations and responsibility of one spouse to another, determinations of the rights and obligations of spouses in scrap and (or) after its termination persons marrying and spouses and in the amount of the rights and obligations determined by them have the right to sign at any time the Marriage agreement.

The marriage agreement the agreement of persons marrying or spouses about determination of their personal non-property and (or) property rights and obligations both during marriage, and after its termination is recognized.

In the Marriage agreement can be determined:

the rights and obligations of spouses on mutual content, including after annulment of marriage;

procedure for the Section of the property which is common joint property of spouses;

jointly acquired property which will be transferred to each of spouses after annulment of marriage;

conditions concerning change of the mode of common joint property of spouses set by legal acts by establishment of equity property or property of each of spouses on all property which is subject to reference according to legal acts to common joint property or on separate types of such property;

conditions concerning impossibility of recognition of property of each of spouses their common joint property if during marriage due to common property of spouses or personal property of other spouse the investments considerably increasing the cost of this property (capital repairs, reconstruction, etc.) are made;

types of the disputes between spouses (the former spouses) following from the marriage and family relations which can be submitted by them reference tribunal or for settlement with participation of mediator (mediators);

other questions of relations between spouses (procedure for execution by each of them for family expenses, etc.), parents and children if it does not violate the rights and legitimate interests of other persons and does not contradict the legislation.

The marriage agreement can be signed as concerning the property jointly acquired by spouses to the conclusion of the Marriage agreement and concerning property which will be acquired by spouses during marriage.

The rights and obligations of spouses provided by the Marriage agreement can be limited to certain terms or be put into dependence on approach or not approach of certain conditions.

The unilateral refusal from execution of the Marriage agreement is not allowed.

The marriage agreement can be changed or terminated by mutual consent by persons marrying spouses – before annulment of marriage, and also the former spouses – during operation of the Marriage agreement in the form and procedure provided for the conclusion of the Marriage agreement.

Upon the demand of one of spouses the Marriage agreement can be changed or terminated by a court decision on the bases and according to the procedure, provided by Chapter 29 of the Civil code of the Republic of Belarus.

The Marriage agreement is terminated from the moment of the scrap termination if other is not provided by the Marriage agreement, this Code or other acts of the legislation. The marriage agreement providing the rights and obligations of the former spouses after the scrap termination is effective before their execution.

The marriage agreement can be nullified by court fully or partially on the bases provided by the Civil code of the Republic of Belarus.

Article 13-1. Form and procedure for the conclusion of the Marriage agreement

The marriage agreement is signed in writing and is subject to the notarial certificate.

The marriage agreement is subject to also state registration in the organization for state registration of real estate, the rights to it and transactions with it if it contains conditions which are or can become the basis of origin, transition, termination of the rights, restrictions (encumbrances) of the rights to real estate. At the same time the Marriage agreement containing such conditions:

about the registered real estate, and also about the registered real estate and real estate which will be acquired by spouses during marriage is subject to state registration after the notarial certificate of the Marriage agreement;

about real estate which will be acquired by spouses during marriage is subject to state registration at the same time or after state registration of creation of the respective real estate or state registration of origin, transition, the termination of the rights, restrictions (encumbrances) of the rights to real estate.

State registration of the Marriage agreement is performed after marriage registration. State registration of the Marriage agreement can be performed after the scrap termination if according to the Marriage agreement, this Code or other acts of the legislation the Marriage agreement provides the rights and obligations of the former spouses after the scrap termination.

State registration of origin, transition, the termination of the rights, restrictions (encumbrances) of the rights to the real estate acquired by spouses after state registration of the Marriage agreement concerning which the Marriage agreement was signed is performed taking into account conditions of the signed Marriage agreement on this real estate.

The marriage agreement signed between persons marrying becomes effective from the date of marriage registration if other is not established by this Article.

The marriage agreement signed between spouses becomes effective from the date of its notarial certificate if other is not established by this Article.

Conditions of the Marriage agreement which are or can become the basis of origin, transition, termination of the rights, restrictions (encumbrances) of the rights to real estate, become effective from the date of state registration of the Marriage agreement.

The minors marrying sign the Marriage agreement with the consent of the parents, custodians, except as specified acquisitions by minors of capacity to act in full.

Article 14. Preparation for scrap

For the purpose of training of persons marrying for family life under departments of civil registration of district, city executive committees and local administrations of areas in the cities (further – departments of civil registration) services of legal, medical and psychological consultation can be created.

Services of the specified nature can be rendered to persons marrying, also by other specialized agencies created according to the procedure, determined by the legislation.

The persons who are marrying, having the right to undergo before marriage free physical examination in the state organizations of health care for the purpose of determination of condition of their health and detection of heritable diseases according to the procedure, established by the Ministry of Health.

Chapter 4. Marriage

Article 15. Marriage

Scrap consists in the bodies registering acts of civil status.

Article 16. Scrap imprisonment terms

Marriage happens in time, approved by persons marrying with the body registering acts of civil status, but not earlier than in three days and not later than in three months from the date of the address.

In exceptional cases, caused by pregnancy, availability of the general child or special circumstances, it can be got married before the expiration of three-day term, including in day of the address.

Article 17. Marriage conditions

Are necessary for marriage mutual consent of persons marrying achievement of age of consent by them and lack of obstacles to marriage, stipulated in Article the 19th of this Code.

Article 18. Age of consent

The age of consent is established in eighteen years.

In exceptional cases, caused by pregnancy, the child's birth, and also in case of acquisition by the minor of full legal capacity the body registering acts of civil status can reduce to attainment of majority to persons marrying the age of consent established by part one of this Article, but no more than for three years.

Decrease in age of consent is made according to the statement of persons marrying. At the same time the consent of parents, custodians of minors to marriage is not required.

Article 19. Obstacles to marriage

Marriage is not allowed:

between persons of whom at least one face consists already in other scrap registered in accordance with the established procedure;

between relatives on the direct ascending and descending line, between full and not full brothers and sisters, and also between adoptive parents (adopters) (further - the adoptive father) and adopted (adopted) (further - adopted);

between persons from whom at least one face is recognized by court incapacitated.

Concealment by person marrying of the circumstances interfering its conclusion is the basis for scrap recognition invalid.

Chapter 5. Rights and obligations of spouses

Article 20. Emergence of the rights and obligations of spouses

The rights and obligations of spouses arise from the date of registration of marriage by the bodies registering acts of civil status.

Article 20-1. Equality of spouses in the family relations

All questions of the marriage and family relations of the spouse solve jointly, by agreement and on the basis of equality.

Spouses shall build the relations in family on the basis of mutual respect and mutual assistance, equitable distribution of family obligations, assistance in realization to each of them of the right to motherhood (paternity), physical and spiritual development, education, manifestation of the capabilities, work and rest.

Spouses have the right to resolve independently the issues concerning their private interests if other is not stipulated in the Marriage agreement.

Article 21. The right of spouses to the choice of surname in case of marriage

In case of marriage of the spouse voluntarily choose surname of one of spouses as their general surname or each of them keeps the premarital surname.

Spouses or one of them can choose the double surname consisting of premarital surnames of spouses. If both spouses wish to hereinafter be referred to as as double surname, by their consent it is determined with what premarital surname it will begin.

Connection more than two surnames is not allowed. If before marriage of the spouse or one of them had double surnames, by their consent it is determined of what components of premarital surnames the new surname will consist.

The option is exercised by spouses of surname in case of registration of marriage before making of the corresponding record of the act of civil status.

Change by spouses or one of them of the surname elected in case of marriage in the bodies registering acts of civil status, specified in parts one and the second Article 194 of this Code to surname of other spouse, the double surname consisting of premarital surnames of spouses is performed once according to the procedure, established for modification of civil registrations. Change by spouses or one of them of surname in other cases is performed according to the procedure, established by this Code and other acts of the legislation for change of surname, own name, middle name.

Change of surname by one of spouses does not involve change of surname of other of them though the last has the right to petition for change of the surname too.

Article 22. Right of spouses to the free choice of occupations, professions and residences

Spouses are free in the choice of occupations, professions and residences.

Article 23. Common joint property of spouses

The property acquired by spouses during marriage irrespective of on which of spouses it is acquired or on whom or which of spouses deposits money is their common joint property. Spouses have the equal rights of ownership, use and order of this property if other is not provided by the Marriage agreement.

Spouses have the equal rights to jointly acquired property and if one of them during marriage was busy with housekeeping, care of children or on other reasonable excuses had no independent earnings (income) if other is not provided by the Marriage agreement.

Article 24. Determination of shares in common joint property of spouses in case of the Section of property

In case of the Section of the property which is common joint property of spouses, their shares are recognized equal if other is not provided by the Marriage agreement. The court has the right to depart from recognition of shares equal, considering interests of minors and the disabled full age children or the interests of one of spouses deserving attention needing the help. The share of one of spouses, in particular, can be increased if other spouse evaded from labor activity or spent common property to the detriment of interests of family. Things of individual use of minor children (clothes, footwear, school supplies, musical instruments, etc.) in case of the Section of property are not considered and transferred without the corresponding monetary compensation to the spouse with whom children will live.

In case of the Section of the property which is common joint property of spouses in the presence of the Marriage agreement the court proceeds from its conditions and determines what objects are subject to transfer to each of them.

The Section of the property which is common joint property of spouses if other is not provided by the Marriage agreement concerning this property, can be made by agreement spouses both during marriage, and after its termination by the conclusion by spouses (the former spouses) in writing of the Agreement on the Section of the property which is common joint property of spouses which is subject to the notarial certificate.

In case objects which cost exceeds receivable share are transferred to one of spouses, to other spouse the corresponding monetary compensation is awarded.

In case of the Section of property the court considers also total debt of spouses and right to claim according to the obligations which arose for the benefit of family.

For requirements about the Section of the property which is common joint property of spouses whose marriage is dissolved the three-year term of limitation period estimated from the date of when person learned is established or owed learn about violation of the right, irrespective of time of annulment of marriage.

Article 25. Things of professional works of spouses

Things of professional works of each of spouses (musical instruments, special library, products of medical appointment, medical equipment, etc.) acquired during marriage are common joint property of spouses if other is not provided by the Marriage agreement.

In case of the Section of property the court can award the things of professional works acquired during marriage to that from spouses in whose use they were, with reduction of share in property of other spouse or assignment of obligation by it to compensate their cost to another.

Article 26. Property of spouses

The property belonging to spouses before marriage, and also received by them during marriage as a present or according to the procedure of inheritance is property of each of them.

Things of individual use (clothes, footwear, etc.), except for jewelry and other luxury goods, though acquired during marriage at the expense of general means of spouses, are recognized property of that spouse who used them.

The property of each of spouses can be acknowledged as court their common joint property if it is determined that during marriage due to common property of spouses or personal property of other spouse the investments considerably increasing the cost of this property (capital repairs, reconstruction, etc.) were made if other is not provided by the Marriage agreement.

Article 27. Property transactions between spouses

Spouses can enter among themselves everything the property transactions which are not forbidden by the legislation concerning the property which is property of each of them.

Article 28. Address of claim to property of spouses

According to obligations of one of spouses collection can be turned only on the property which is in its property and on its share in common joint property of spouses which would be due to it in case of the Section of this property.

Answer for obligations one of spouses of the spouse the property which is their common joint property if by court it is determined that received according to obligations is used for the benefit of all family.

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