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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of June 26, 2014 No. 11

About application by courts of the legislation on employment contracts of premises of the state housing stock

(as amended of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of 30.09.2021 No. 8)

Having discussed court practice, for the purpose of uniform application of the legislation by courts on the cases following from employment contracts of premises of the state housing stock, the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Draw the attention of courts that in case of the dispute resolution, the premises of the state housing stock following from employment contracts, it is necessary to be guided by the Constitution of the Republic of Belarus, the Housing code of the Republic of Belarus (further - ZhK), Regulations on special premises of the state housing stock and the standard agreement of hiring of special premises of the state housing stock approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2008 No. 1408 (further - Regulations on special premises), the standard agreement of hiring of premises of social use of the state housing stock approved by the resolution of Council of Ministers of the Republic of Belarus of March 19, 2013 No. 193, Regulations on hostels and the standard agreement of hiring of premises of the state housing stock in the hostel other regulatory legal acts approved by the resolution of Council of Ministers of the Republic of Belarus of April 5, 2013 No. 269, governing the housing relations.

2. Courts need to mean that the employment contract of premises of the state housing stock is signed based on the decision of state body, other state organization about provision to the citizen and members of his family of premises of the state housing stock accepted according to Item 1 of article 96 ZhK.

The employment contract of premises of the state housing stock is signed in writing and it is considered the prisoner from the date of its registration by executive committees, city district administrations.

Non-compliance with regulations on procedure for the conclusion and form of the employment contract of premises of the state housing stock can be the reason of satisfaction of the claim for factual determination of negligibility of the employment contract and application of effects of its invalidity.

3. In case of the dispute resolution about right of possession and uses of premises of the state housing stock courts should consider that according to article 23 ZhK such right arises not only based on the employment contract of premises, but also based on the prisoner according to requirements of Item 1 of article 24 ZhK of the written agreement about recognition by the family member, and also on other bases provided by ZhK and other acts of the legislation (for example, owing to Item 10 of article 118 ZhK and Item 17 of the Regulations on special premises at pupils of child care residential care facilities the right of possession and uses of special premises arises based on the decision of local executive and administrative organ).

The written agreement about recognition by the family member is signed between the employer and his relatives (except for close relatives), cousins-in-laws, disabled dependents. Lack of the written agreement does not exclude possibility of recognition of specified persons, and also other citizens by members of the family of the employer of premises of the state housing stock judicially if they live at least five years together with the employer in premises, about right of possession and uses of which there was dispute, and during this term conduct with it general economy.

4. Explain to courts that the employer of premises of the state housing stock has the right to grant right of possession and uses to the members of the family occupied by premises listed in Item 1 of article 57 ZhK from written consent of all full age members of his family living together with it and also from written consent of other employers if the premises are provided according to employment contracts to several employers. The written consent can be expressed by the corresponding entry in the statement for registration at the place of residence.

For provision by the employer of right of possession and use of premises the spouse (spouse) receipt of consent of other persons is not required to parents (adoptive parents, adopters), the children including adopted (adopted).

The members (the former members) of family of the employer of premises of the state housing stock living together with it, having the right to grant right of possession and uses of the occupied premises without the consent of the employer and other persons only to the minor children.

5. Courts should consider that for separate types of premises of the state housing stock by the legislation features of provision by employers of right of possession and use to the family members occupied by premises can be established. In particular, according to Item 7 of article 116 ZhK provision of such right by employers of premises in hostels to family members is allowed only with the consent of the head (authorized by it persons) the state body, other organization under which authority the hostel, and trade-union committee is (in case of its availability).

6. Draw the attention of courts that the bases and procedure for change, termination and agreement cancelation of hiring of premises are determined by articles 60-62 ZhK.

Change of the employment contract of premises of the state housing stock upon the demand of the employers uniting in one family or owing to recognition by the employer of other family member, or upon the demand of the full age member of the family of the employer in case of the consent of interested persons is made according to the procedure of implementation of ministerial procedures (subitem 1.1.13 of Item 1.1 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010 "About the ministerial procedures performed by state bodies and other organizations for petitions from citizens").

The executive decision about refusal in change of the employment contract of premises of the state housing stock can be appealed directly in court according to the procedure of Articles 353-358 of the Code of civil procedure of the Republic of Belarus (further – GPK).

7. Courts should consider that in case of refusal of the employer of premises of the state housing stock and (or) the family members living together with it the full age member of the family of the employer of premises has the right to demand the conclusion from change of the employment contract of premises with it the separate employment contract judicially.

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