In the Constitutional Court session on 29 of May 2009 was adopted the Decision (L. G. Kozyreva was a judge-reporter) “On content of the notion “a living accommodation of social use” in bankruptcy legislation”.

The Constitutional Court noted that when exercising bankruptcy proceedings the living accommodations of social use are to be placed in management of a relevant administrative-territorial entity of the Republic of Belarus (its authorised bodies).

The notion “a living accommodation of social use” is determined in the Housing Code of the Republic of Belarus.

There is no definition for the notion of “a living accommodation of social use” in bankruptcy legislation. This raises some questions in law enforcement concerning legal application of the Housing Code norms relating to legal relations which develop while carrying out of bankruptcy proceedings to the extent of setting the content of the above notion.

The Constitutional Court pointed out that whereas the legislator had not detemined the notion “a living accommodation of social use” in the Law “On Bankruptcy” for the purposes thereof, it must be applied in the meaning specified by the provisions of Articles 1, 80 of the Housing Code as a special law that regulates housing relations.