legal services

We represent the interests of our Clients in all courts located on the territory of the Republic of Belarus, including the economic courts of Minsk and regions, general courts, the Supreme Court, the International Arbitration Court at the BelCCI, the Arbitration Commission at the Belarusian Universal Commodity Exchange

According to Art. 46 of the Labor Code, the termination of the employment contract at the initiative of the employer is carried out after a preliminary, no later than two weeks, notification of the relevant trade union. Collective contracts and agreements may provide for cases of termination of an employment contract at the initiative of the employer only with the prior consent of the relevant trade union. Failure by the employer to comply with the requirements of the collective agreement and the law on the prior consent of the trade union to dismissal entails the recognition by the court of such dismissal as illegal. Obtaining the consent of the trade union body for dismissal after dismissal is not a basis for the court to refuse such an employee a claim for reinstatement, since such consent must be preliminary. If the deadline for notifying the trade union about the termination of the employment contract with the employee (part 1 of article 46 of the Labor Code) established by law is not observed, if the employee is not subject to reinstatement for other reasons, the court changes the date of his dismissal so that the employment contract is terminated upon expiration statutory notice period. For the period for which the employment contract is extended due to a change in the date of dismissal, the employee is charged the average earnings according to the rules established by Art. 244 TK.

The recognition of the contract as invalid must be carried out in court, for which it is necessary to prepare a statement of claim for the recognition of the contract as invalid. When preparing a claim, you need to know that there are voidable transactions, and there are void transactions. Voidable transactions are recognized as such by the court, and void transactions are considered null and void from the moment they are concluded. However, the nullity of the transaction often needs to be confirmed in court.
At the same time, a claim for the application of the consequences of the invalidity of a void transaction may be filed by any interested person. But the court has the right to apply such consequences on its own initiative. But again, the court can do this if it considers any dispute during which an agreement was examined that contains signs of a void transaction.

When concluding a contract for the sale of real estate, it is imperative to check whether the condition of the real estate corresponds to the technical passport, whether there are unauthorized redevelopments, extensions, superstructures and other structures on this land plot in the transferred property.
Under a contract for the sale of real estate (a contract for the sale of real estate), the seller undertakes to transfer to the ownership of the buyer a land plot, a permanent structure (building, structure), an apartment or other real estate (paragraph 1 of Article 130).
The rules of this paragraph shall apply to the sale of enterprises insofar as otherwise is not provided by this Code and other legislative acts on the contract for the sale of an enterprise (Articles 530-537).

The property division lawyer will explain to you that, as a general rule, the property regime of the spouses is the regime of common joint property, however, the spouses may agree on the application of a different regime of their property in the Marriage Agreement, for example, establishing the regime of shared or separate ownership in relation to all property or its individual types. A marriage contract may provide for the unconditional preservation of the right of personal ownership of one of the spouses to property that, by virtue of law, can be attributed to common joint property.

The spouses may, by mutual agreement, determine a different procedure and conditions for the division of property not only by the Marriage Agreement, but also by an agreement on the division of property, while both all property and a certain part of the common property can be divided. A property division lawyer will help you reach an agreement on the division of property if the parties are ready to negotiate.

The marriage contract is concluded in writing and is subject to notarization. The marriage contract can be certified by any notary.

Determination of the terms of the marriage contract is assigned to the persons entering into marriage, or spouses who wish to conclude a marriage contract. At the same time, legal assistance in preparing the terms of the marriage contract can be provided by a lawyer or a notary.

A marriage contract is subject to mandatory state registration with an organization for state registration of real estate, rights to it and transactions with it, if it contains conditions that are or may become the basis for the emergence, transfer, termination of rights, restrictions (encumbrances) of rights to real estate.

Changing or terminating a marriage contract is possible by mutual agreement of the persons who have concluded it, in the same form as the marriage contract itself. If the consent to change or terminate the marriage contract between the spouses is not reached, then this dispute may become the subject of litigation. Unilateral refusal to perform a marriage contract is not allowed.