The most important info about the law in Belarus.
It is not possible to give a short yet exhaustive description of the Belarusian legislation in this succinct note, and it is not worth such a task. We just give a short introduction with possible invitation to a dialogue between us and visitors to Belarus who lack basic knowledge and understanding of the legislature of Belarus, and therefore don’t realize the risks that may arise in connection with tourism, marriage, business, etc. in Belarus. For detailed information and possible assessment of your individual situation please contact us. There are experienced lawyers in our team.
First of all, every foreign citizen who finds him(her)self on the territory of Belarus has to understand that the visible order of things that surrounds human activity looks outwardly, as perceived at a first glance, as in their usual environment. However, various unexpected collision inconsistencies of different legal systems are hidden here.
Briefly what you should pay attention to.
1. Marriage between a citizen of Belarus and a foreign citizen:
Having signed a marriage contract, where property relations will be clearly stated, they do not give a 100% guarantee of the fulfillment of these obligations, in the event of litigation. Consider when this happens. If you have minor children and the rights of the child is infringed due to a divorce, you can lose the property issue, since the court has legal grounds to side with the other spouse. Consider a typical example.
Under the marriage contract, the house/building or apartment belongs to you and you are fully confident in the success of the business, for example, the sale of this property. However, the fact that the other spouse retains a minor child (under 18) for upbringing, and the living conditions deteriorate due to the divorce of the spouses, the court may limit some of your rights. Namely, for example, it can prohibit the sale of this property until the child reaches the full legal age (18).
2. In the case of the divorce proceedings, and if the foreign citizen wishes to retain a minor child and take the child out of Belarus, that foreign citizen is almost completely deprived of this opportunity if the other party is against this. That is, the principle of equality of spouses in this case will be de jure, but not de facto.
3. In the economic court, in resolving property cases, if the question is about where the capital will remain, the priority of the right will be on the side that remains with its liquidity in the territory of the Republic of Belarus.
4. Precedent, as the main source of inspiration for the law culture of American judicial practice, does not work in the Belarusian court process. The main source of the verdict is the code of laws.
5. An appeal in an international court, judicial decisions taken by a court in the Republic of Belarus is not a ground for implementation in Belarus.
6. It is necessary to clearly realize that the main source of the real legislation in the Republic of Belarus is the President of the country and, accordingly, his decrees, which in our subjective opinion stand higher than the main source of laws – the Constitution of the country.