of December 23, 2015 No. 12
About practice of consideration by courts of civil cases about recognition of property ownerless
Having discussed results of studying and generalization of court practice, for the purpose of uniform application of the legislation by courts by hearing of cases about recognition of property ownerless the Plenum of the Supreme Court of the Republic of Belarus decides:
1. Draw the attention of courts that the correct and timely hearing of cases about recognition of property ownerless is one of guarantees of ensuring protection of the rights and legitimate interests of owners of property and it is designed to promote involvement of ownerless property in civil circulation that is important for increase in rationality and efficiency of use of material resources, establishing order on the earth.
Only those things which have no owner can be recognized as ownerless or the owner of which is unknown, or things to which the owner refused the property right (Item 1 of Article 226 of the Civil code of the Republic of Belarus). Features of recognition ownerless separate types of property are established by legal acts.
2. Treat the regulatory legal acts regulating hearing of cases about recognition of property ownerless, in particular, the Civil code of the Republic of Belarus (further - group of companies), the Code of civil procedure of the Republic of Belarus (further - GPK), the Presidential decree of the Republic of Belarus of August 9, 2011 No. 348 "About measures for the organization of collection, storage of unexploited vehicles and their subsequent utilization", the Presidential decree of the Republic of Belarus of March 24, 2021 No. 116 "About alienation of apartment houses in the rural zone and enhancement of work with the empty houses" (further - the Decree No. 116).
3. Courts should mean that put about recognition of property ownerless are subject to consideration according to the procedure of special proceeding (§6 and §6-1 Chapters 30 GPK). Cases on the statement concern to them: about recognition of movable thing ownerless; about recognition of the right of municipal property to ownerless immovable thing; about recognition of materials from which unauthorized construction, ownerless and recognition of the right of municipal property is built to them; about recognition of the unexploited vehicle ownerless and its transfer to property of the corresponding administrative and territorial unit.
Also according to the procedure of special proceeding (in relation to articles 379 and 380 GPK) taking into account subject of legal regulation of the Decree No. 116 the statement for recognition of the empty house, and in the established cases - and the personal estate which is in it ownerless and its transfer to property of the corresponding administrative and territorial unit is subject to consideration (further - the statement for recognition of the empty house ownerless).
Unlike the statement for recognition of the unexploited vehicle ownerless the requirement about compensation to law-enforcement body or the organization which possess egresses or the supervised parking of costs for movement and the subsequent storage of this vehicle is subject to consideration according to the procedure of claim production as it is connected with the dispute resolution about the right.
4. The Item is excluded according to the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of 31.03.2021 No. 2
5. It is necessary to consider that to ownerless persons which are directly specified in the regulatory legal acts regulating hearing of cases of this category (for example, articles 379 and 380-1 GPK), or their representatives who are specially authorized on that by the power of attorney have address rights with the statement for recognition of property. Owing to Article of 81 GPK the prosecutor has the right to file petition for recognition of property ownerless.
In case of filing of application by persons who do not have the appropriate rights, the court refuses initiation of proceedings. If this circumstance is established during preliminary judicial session or legal proceedings, proceeedings are subject to the termination (Article part three 362 GPK).
6. Resolving question of initiation of proceedings of recognition of the empty house ownerless, courts should consider that local administrations of areas in the cities (are given the right to appeal to the court in case of absence in the city of regional subordination of local administrations of areas - city executive committee), district executive committees or according to their order city (the cities of district subordination), rural, settlement executive committees in the location of the apartment house (Item 13 of the Decree No. 116).
Powers of executive committee of primary territorial level on appeal to the court with the statement for recognition of the empty house ownerless are confirmed by the decision (the statement from the decision) executive committee of basic territorial level.
7. With the requirement about recognition of the unexploited vehicle ownerless and its transfer to property of administrative and territorial unit only local executive and administrative organs can address. Such statement is subject to consideration in court in the place of identification of the unexploited vehicle irrespective of the place of the actual arrangement of the supervised parking where such vehicle is stored, or the locations of the organization to which the supervised parking belongs.
The address with the statement for recognition of the unexploited vehicle the ownerless law of legal persons who belong the supervised parking is not provided.
8. Draw the attention of courts that the statement for recognition of property ownerless shall not only conform to the general requirements imposed to the procedural document on initiation of proceedings (Article 243 GPK), but also to consider the features provided for cases of this category (part the fourth or sixth Articles 379, part three of article 380-1 GPK).
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