of December 20, 2007 No. 17
About court practice on cases on inheritance and accomplishment of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of December 21, 2001 No. 16 "About some questions of application by courts of the legislation on inheritance"
Having discussed materials of generalization of court practice on cases on inheritance, the Plenum of the Supreme Court of the Republic of Belarus notes that courts generally correctly resolve the disputes following from heritable legal relationship. At the same time in work of the courts take place and shortcomings connected with the wrong application of the current legislation, containing in the resolution of the Plenum of the Supreme Court of the Republic of Belarus of December 21, 2001 No. 16 "About some questions of application by courts of the legislation on inheritance" explanations are carried out not fully.
For the purpose of the correct and uniform application of the legislation Verhovno guo's Plenum of Court of the Republic of Belarus decides:
1. Draw the attention of courts that the correct and timely dispute resolution, fuss kayushchy of heritable legal relationship, is the major instrument for ensuring of the guaranteed Art. 44 of the Constitution of the Republic of Belarus of security of property and the right of its inheritance protected by the law.
By hearing of cases about inheritance courts should pay special attention on need of carrying out their proper preparation, using at the same time possibilities of preliminary judicial sessions, and during legal proceedings fully and objectively to find out the valid rights and obligations of the Parties, not to allow unilateral approaches to assessment of proofs, in particular expert opinions, to observe the guarantees of protection of interests of minor heirs provided by the law.
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