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### SEE PART 4 FOR BEGINNING ###
Article 421. Form of the Contract
The contract of keeping, where both or one of the parties
are (is) a citizen, if the cost of the property handed over for
keeping exceeds ten minimum salaries, must be made in writing
(Article 49 of this Code), except cases of placement of things
for a short-term keeping to clock rooms of enterprises,
institutions and organizations with the keeper giving out a
ticket.
In case of a dispute about the identity of things accepted
for keeping and things returned by the keeper witnesses'
evidences may be allowed.
Placement of things for keeping in extraordinary
circumstances (fire, flood and so on) may be proved by witnesses'
evidence irrespective of the cost of the things placed for
keeping.
Article 422. Termination of the Contract of Keeping on
Demand by One of the Parties
The person who has placed things for keeping shall have the
right to demand, at any time, the things back from the keeper.
If the things placed for keeping on demand or without
specifying the term of keeping, the keeper shall have the right
to reject, at any time, the contract but shall be obliged to give
the person who has placed the things for keeping a period of time
sufficient in the given circumstances to accept the property
back.
Article 423. Obligations of the Keeper
The keeper shall be obliged to take all measures stipulated
by the contract or which are required for the preservation of the
property.
The keeper on the free of charge contract of keeping made
between citizens shall be obliged to take care of the property
transferred to him for keeping as of his own property.
The keeper shall not have the right to use the property
transferred to him for keeping, unless the contract stipulates
otherwise.
Article 424. Remuneration and Reimbursement of Expenses to
the Keeper
The amount of remuneration to the keeper on the free of
charge contract of keeping (Article 420 of this Code) shall be
determined according to the rates, tariffs approved in the
established manner or - if such do not exist - by the agreement
of the parties.
In case of a free of charge keeping the person who has
placed the property for keeping shall undertake to reimburse the
keeper for the expenses necessary for the keeping of the
property.
Article 425. Liability of the Keeper for the Loss, Partial
Loss or Damage of the Property
The organization for which the keeping is one of the
objectives of its activities envisaged by the statute
(regulation) shall be exempted from the liability for the loss,
partial loss or damage of the property caused by force majeure.
If on expiration of the period of keeping envisaged in the
contract or of the period specified by the keeper according to
the procedure of Article 422 of this Code the property has not
been taken back by the person who has placed it for keeping, the
keeper shall henceforth be responsible for the loss, partial loss
or damage of this property only if there is an intend or grave
carelessness on his part.
Article 426. Amount of Liability of the Keeper
If the law or the contract does not envisage liability of
the keeper for the reimbursement of losses caused by the loss,
partial loss or damage of the property, the keeper shall be
answerable:
1) for the loss or partial loss of the property - in the
amount of the cost of the lost property;
2) for the damage of the property - in the amount of the
reduced cost of the property.
If when the property was placed for keeping this property
was evaluated with the value specified in the contract or another
document give out by the keeper, the keeper shall be answerable
in the amount of the evaluation cost inasmuch as it is not proved
that the real cost of the lost or damaged property is below this
amount.
If as a result of the damage for which the keeper is
answerable the quality of the property has changed to such an
extent that it may not used as planned originally, the person who
placed the property for keeping shall have the right to reject
the property.
Article 427. Liability for the Loss or Damage of Property at
Hotels, Hostels and Other Organizations
Hotels, rest houses, sanatoria, hostels and similar
organizations shall be answerable for the loss or damage of the
property of citizens kept in the rooms allotted to them, although
this property, except money and valuables, has not been
transferred for keeping to these organizations.
Article 428. Consequences of the Breach of the Time Period
Specified for Taking Back of the Property
The person who has placed property for keeping shall be
obliged to take it back within the time specified in Article 425
of this Code.
If the person who has placed property for keeping evades to
take back the property, the keeper, if he is a citizen, shall
have the right to demand through the court that this property be
forcibly sold in the manner envisaged by the Civil Procedural
Code of the Republic of Belarus in relation to the execution of
judicial decisions. If the keeper if an organization, then sale
of the unclaimed property shall be effected in the manner
stipulated in its statute (regulation).
The amounts received from the sale of the property shall be
given to the person who has placed the property for keeping, less
the amounts due to the keeper.
Article 429. Reimbursement of Losses Caused to the Keeper
The person who has placed property for keeping shall be
obliged to reimburse the keeper for the losses caused by the
properties of this property, if the keeper, when accepting the
property for keeping, did not know and must not have known about
such properties.
Article 430. Contract of Keeping the Things Unnamed
If several person have placed for keeping things specified
in the contract by their type characteristics and the things are
kept by the keeper unnamed, then the common share property shall
be established for the persons who have placed the things for
keeping in accordance with the quantity of things placed by them.
If such things are transferred for the ownership of the
keeper, when relevant agreement exists on this, then the keeper
shall be obliged to return to the person who has placed them for
keeping things of the same type and of the same quality in the
equal quantities or in the quantities stipulated by the parties.
Article 431. Obligation of Keeping on the Strength of the
Law
The rules of this Chapter shall also be applied in cases
when the obligation of keeping has appeared not on the strength
of the contract of keeping, but stems from other legal grounds.
Chapter 39. JOINT ACTIVITIES
Article 432. Contract on Joint Activities
According to the contract on joint activities the parties
shall undertake to act jointly to reach the joint economic
(managerial) objective, namely: construction and operation of the
enterprise or institution (not to be transferred for operative
management to an organization which is a legal person), erection
of water management installations and works, construction of
roads, sport facilities, schools, delivery hospitals, living
houses and so on.
Article 433. Management of Joint Business of the Parties to
the Contract
Joint business of the parties to the contract on joint
activities shall managed on their joint agreement.
If the parties to the contract on joint activities, on the
agreement between them, have charged one of the parties to the
contract to manage their joint activities, then this party shall
also be charged to manage joint business of the parties to the
contract.
The person who has been charged to manage joint business of
the parties to the contract on joint activities shall act on the
basis of a power of attorney signed by other partied to the
contract.
Article 434. Joint Property of the Parties to the Contract
To reach the objective specified in Article 432 of this
Code, the parties to the contract on the joint activities shall
make contributions with money or other property or by their
labour participation.
Money or other property contributions of the parties to the
contract as well as the property created or acquired as a result
of their joint activities shall be their joint property.
A party to the contract on joint activities shall not have
the right to dispose of his share in the joint property without
the consent of other parties to the contract.
Article 435. Joint Expenses and Losses of the Parties to the
Contract
The procedure of coverage of expenses stipulated by the
contract on joint activities and of losses arising as a result of
joint activities shall be defined by the contract.
If the contract does not stipulate such procedure, then
joint expenses and losses shall be covered at the expense of the
property of the parties to the contract (Article 434 of this
Code) while the lacking amounts shall be distributed among the
parties to the contract in proportion to their contribution into
the joint property.
Article 436. Rules on Certain Types of Joint Activities
Certain types of joint activities shall be regulated in
accordance with the present Code by the Council of Ministers of
the Republic of Belarus.
Chapter 40. CONTEST
Article 437. Announcement of the Contest
Public promise by the legal person or citizen to pay special
remuneration (prize) for the best performance of the definite
work (announcement of the contest) shall oblige the legal person
or citizen to pay the promised remuneration to the person whose
work has been recognized worthy of remuneration in accordance
with the conditions of the contest.
The announcement of the contest must include the description
of the task, the time of its performance, the amount of
remuneration, the place of presentation, the procedure and the
term of comparative evaluation of the work and may include other
conditions of the contest, too.
Article 438. Alteration of the Conditions of the Contest
Alteration of the conditions of the contest may be allowed
only during the first half of the time period established for the
presentation of the work.
Alteration of the conditions of the contest must be notified
to the participants in the contest in the same manner as used
when the contest was declared.
Article 439. Decision on the Payment of Remuneration (Prize)
The decision on the payment of remuneration (prize) must be
made and made known to the participants of the contest within the
time period established in the announcement of the contest and in
the manner specified in this announcement.
Article 440. Use of the Works of Science, Literature and Art
Which Have Been Awarded a Prize at the Contest
If the contest has been announced for the works of science,
literature or arts, the legal person or citizen shall acquire the
right to use the works which have been awarded a prize in the way
specified in the announcement of the contest. The authors of such
works shall retain the right to receive remuneration for the use
of the works (Article 476 of this Code) inasmuch as the
announcement of the contest does not stipulate otherwise.
Article 441. Return of Works to the Participants in the
Contest
The legal person or citizen who has announced the contest
shall be obliged to return the works which have been awarded
remuneration (a prize ) to the participants in the contest,
inasmuch as the announcement of the contest does not stipulate
otherwise.
Chapter 41. OBLIGATION ARISING DUE TO THE HARM CAUSED
Article 442. General Grounds for Liability for the Harm
Caused
A harm caused to the personality or property of the citizen
as well as a harm caused to an organization shall be liable to be
reimbursed by the person who has caused the harm in the full
scope with the exception of the cases stipulated by the
legislation.
The person who has caused the harm shall be exempted from
its reimbursement, if he proves that the harm has been caused due
to a fault which is not his.
The harm caused by legal actions shall be reimbursed only in
cases stipulated by the law.
Article 443. Liability of the Organization for the Harm
Caused by its Workers
The organization shall be obliged to reimburse the harm
caused by its workers when they performed their work (office)
duties.
Article 444. Liability for the Harm Caused by Illegal
Actions of Organizations as well as of
Officials
A harm caused to a citizen by illegal actions of
organizations as well as of officials when they performed their
office duties in the domain of administrative management shall be
reimbursed on the general grounds (Articles 442 and 443 of this
Code), unless the law stipulates otherwise. Liability for a harm
caused by such actions to organizations shall become in the
manner established by the law.
A harm caused to a citizen as a result of an illegal
conviction, illegal bringing him to criminal responsibility,
illegal application of the taking into custody as a measure of
precaution, illegal imposition of an administrative penalty
represented by arrest or corrective labour shall be reimbursed by
the State in the full amount irrespective of the guilt of
officials of the inquiry authorities, preliminary investigation,
prosecution and court in the manner established by the law.
Article 445. Harm Caused in Condition of the Necessary
Defense
A harm caused in conditions of the necessary defense shall
not be liable to reimbursement if the limits of the defense have
not been exceeded.
Article 446. Liability for the Harm Caused in the Conditions
of Extreme Necessity
A harm caused in conditions of extreme necessity must be
reimbursed by the person who has caused it. Considering the
circumstances in which this harm was caused the court may place
the responsibility for the reimbursement of this harm on a third
person in whose interests acted the person who caused the harm or
exempt from the reimbursement of the harm in full or in part both
this third person and the person who caused the harm.
Article 447. Liability for the Harm Caused by the Person
under Legal Age Who Is under Fifteen
For the harm caused by a person under legal age who is under
fifteen shall be answerable his parents (adoptive parents) or
guardians, if they do not prove that the harm has occurred
because of a fault which is not theirs. If a person who is under
fifteen has caused a harm at the time when was under supervision
of his educational establishment, corrective or medical
institution, the latter shall be answerable for this harm unless
they prove that the harm has occurred because of a fault that is
not theirs.
Article 448. Liability for the Harm Caused by a Person under
Legal Age Who Is between Fifteen and Eighteen
The person under legal age who is between fifteen and
eighteen shall be answerable for the harm caused by him on the
general grounds (Articles 442, 446 and 451 of this Code).
In case when the person under legal age who is between
fifteen and eighteen has no property or salaries or wages
sufficient to reimburse the harm caused by him, the harm in the
relevant part must be reimbursed by his parents (adoptive
parents) or guardians unless they prove that the harm has
occurred because of a fault that is not theirs. This obligation
of such persons shall terminate when the person who has caused
the harm becomes of legal age as well as in case if before he
becomes of legal age he acquires a property or salary (wages)
sufficient to reimburse the harm.
Article 449. Liability for the Harm Caused by the Citizen
Recognized Incompetent
For a harm caused by a citizen recognized incompetent
(Article 16 of this Code) shall be answerable his guardians or
the organization responsible to exercise control over him unless
they prove that the harm has been caused by a fault that is not
theirs.
Article 450. Liability for the Harm Caused by a Citizen
Unable to Be Aware of the Importance of His
Actions
A competent citizen who has caused a harm in a condition
when he was not able to be ware of the importance of his actions
or control them shall not be answerable for the harm caused by
him. However he shall not be exempted from liability if it was
him who has brought himself to such condition through the use of
alcohol or narcotic drugs or in another way.
Article 451. Liability for the Harm Caused by a Source of
Increased Danger
Organizations and citizens whose activities are connected
with the increased danger for the people (transport
organizations, industrial enterprises, construction sites, owners
of automobiles and so on) shall be obliged to reimburse harm
caused by means of a source of increased danger unless they prove
that the harm has occurred due a force majeure or the intend of
the sufferer.
Article 452. Liability for the Harm Caused Jointly by
Several Persons
Persons who have caused a harm jointly shall bear joint
responsibility before the sufferer.
Article 453. Right of Regress to the Person Who Has Caused
Harm
The person who has reimbursed the harm caused by other
person shall have the right for back claim (regress) to this
person in the amount of the reimbursement paid, if the law does
not establish another amount.
Parents (adoptive parents), guardians as well as
organizations specified in Articles 447 and 449 of this Code
which have reimbursed the harm caused by a citizen under legal
age or recognized incompetent shall not have the right of regress
to this citizen.
Article 454. Scope, Nature and Amount of Reimbursement of
Harm
Adjudicating the reimbursement of harm the court of justice,
economic or arbitration court shall oblige, depending on the
circumstances of the case, the person responsible for the harm to
reimburse it in kind (provide a thing of the same kind and
quality, correct the damaged thing and so on) or to reimburse the
caused losses in full (Article 211 of this Code).
Article 455. Considering of the Guilt of the Sufferer and
the Property Status of the Person Who Has
Caused Harm
If a grave carelessness of the sufferer himself facilitated
the occurrence or the increase of the harm, then, depending on
the degree of the guilt of the sufferer (and in case of a guilt
of the person who has caused the harm - depending on the degree
of his guilt) the amount of reimbursement, unless the law
stipulates otherwise, must be reduced or the reimbursement of
harm must be rejected.
The court may reduce the amount of reimbursement caused by a
citizen depending on his property status.
Article 456. Scope of Reimbursement of Harm Caused to Life
and Health of the Citizen
In case of an infliction of mutilation to a citizen or of
another harm to his health the reimbursement shall be paid for
the lost salaries (incomes) as well as for expenses connected
with the restoration of health (special diet, prosthetic
operations, special care and so on).
In case of death of the sufferer the persons specified in
Article 457 of this Code shall have the right for reimbursement
in the share of the salaries (incomes) of the sufferer which they
have received or have had the right to receive for their
maintenance if he were alive.
Harm caused to a citizen through a mutilation or by another
injury of health shall be reimbursed irrespective of his pension
(allowance).
The salary (incomes) lost by the citizen as a result of the
harm caused to his health or life shall be determined in
accordance with the rules of reimbursement of harm approved by
the Council of Ministers of the Republic of Belarus.
Article 457. List of Persons Having the Right to
Reimbursement of Harm in Case of the Death of
the Sufferer
In case of death of the sufferer the right to reimbursement
of harm shall be given to the person unable to work who were
dependent on the late person or who had, by the time of his
death, the right to obtain from him the maintenance as well as a
child of the late person born after his death.
Harm shall be reimbursed:
to persons under legal age - till the age of eighteen; to
students - till the end of their studies at day-time departments
of educational institutions, but not later than twenty three
years;
to women over fifty five and men over sixty - for lifetime;
to invalids - for the time of their invalidity;
to the spouse or another relation of the late person
irrespective of the age and ability to work who was not working
in connection with the care of children, grand-children, brothers
or sisters of the late person or who was carrying on their
education (upbringing) - till they reach the age of fourteen.
Articles 458, 459, 460 have lost their force.
Article 461. Reimbursement of Harm Connected with Damage of
Health of the Citizen under Fifteen
If a mutilation or another damage of health has been caused
to a citizen under fifteen who has no salary (wages), the
organization or citizen responsible for the harm shall be obliged
to reimburse expenses connected with the recovery of health of
the sufferer.
When the sufferer reached the age of fifteen the
organization or citizen who is responsible for the harm shall be
also obliged to reimburse the sufferer for the harm connected
with the loss or reduction of his ability to work stemming from
the amount of the average salary (wages) of unskilled worker in
the given locality.
If at the time of the damage to the health the citizen under
the age of fifteen had a salary (wages), then the harm must be
reimbursed to him stemming from the amount of this salary (wages)
but not lower than the minimum salary (wages) of the unskilled
worker in the given locality.
On begging his work activities in accordance with the
qualification (skill) obtained by the sufferer he shall have the
right to demand the increased reimbursement for the harm
connected with the reduction of his ability to work due to the
damaged health stemming from the amount of remuneration of the
worker with his qualification.
Article 462. Alteration of the Amount of Reimbursement on
Demand of the Sufferer if His Ability to Work
Changes
The sufferer who has partially lost the ability to work
shall have the right to demand, at any time, that the
organization or citizen responsible for the mutilation of other
damage caused to his health should respectively increase the
reimbursement if his ability to work has become lesser with time
in connection with the damage caused to his health if compared to
that which he had by the time the reimbursement was adjudicated
for him or if the amount of pension obtained by him as the state
social insurance has been decreased.
Article 463. Alteration of the Amount of Reimbursement on
Demand of the Persons Who Have Caused the Harm
The organization or citizen which have been made to
reimburse for the harm connected with the reduced ability to work
of the sufferer due to a mutilation or another damage caused to
his health shall have the right to demand, at any time, that the
adjudicated amount of reimbursement be respectively reduced if
the ability to work of the sufferer has increased in comparison
to that which he had at the time he was awarded reimbursement for
the harm or if the amount of pension received by him as the state
social insurance has been increased.
Article 464. Payment for Reimbursement of the Harm
Reimbursement of a harm connected with the decreased ability
to work of the sufferer as well as the harm connected with the
death shall be paid by monthly installments.
Article 465. Regressive Demands by the Bodies of State
Insurance and Social Security
The organization or citizen responsible for the caused harm
shall be obliged to reimburse, on the regressive demand by the
body of the state social insurance or social security, the
amounts of allowances or pensions which have been paid to the
persons mentioned in Articles 457 and 458 of this Code.
In case of the increase of the harm reimbursement amount
(Article 455 of this Code) the amount of reimbursement on the
regressive demand shall also be respectively reduced.
Article 466. Reimbursement of Harm in Case of Termination of
the Legal Person Due to Pay Reimbursement
In case of re-organization of the legal person the demands
based on Articles 457 to 461 and 465 of this Code shall be made
to the successor of the legal person.
In case of the liquidation of the legal person the above
demands shall be made to his superior organization or to he
organization specified in the decision on the liquidation.
In case of re-organization of the legal person which has
been recognized in the established manner as obliged to make
payments specified in Article 464 of this Code these payments
shall be made by the successor of the re-organized legal person.
In case of liquidation of the legal person which has been
recognized in the established manner as obliged to make payments
specified in Article 464 of this Code these payments shall be
capitalized according to the rules of the state insurance and be
placed by the insurance organization for their payment in the
established manner and amount.
The demands on the increase or decrease of the harm
reimbursement amount stipulated by Articles 462 and 463 of this
Code shall be made, in case of the re-organization of the legal
person, to the successor or, respectively, by the successor of
the legal person, while in case of liquidation - to the superior
organization or the organization specified in the decision on the
liquidation or, respectively, by these organizations.
Article 467 has lost its force.
Article 468. Reimbursement of Expenses for the Burial
In case of death of the sufferer the burial expenses shall
be reimbursed to the person who ha sustained such expenses by the
organization or citizen responsible for the harm connected with
the death of the sufferer.
Chapter 42. OBLIGATIONS APPEARING DUE TO THE SAVING OF
STATE PROPERTY
Article 469. Reimbursement of Harm Sustained During the
Saving of the State Property
Harm sustained by a citizen when saving the state property
from the danger which threatened it must be reimbursed by the
organization whose property the sufferer was saving.
Reimbursement of such harm shall be liable to respective
rules of part one of Article 422, Articles 452, 454, 456, parts
two and three of Article 457, Articles 458 to 464, 466 to 468 of
this Code.
Chapter 43. OBLIGATIONS APPEARING AS A RESULT OF UNGROUNDED
ACQUISITION OR SAVING OF PROPERTY
Article 470. Obligation to Return the Ungroundedly Acquired
or Ungroundedly Saved Property
The person who has acquired property at the expense of
another person without the grounds established by the law or the
transaction shall be obliged to return to the latter person the
property acquired ungroundedly.
The same obligation shall appear if the ground on which the
property was acquired disappeared with time.
If it is impossible to return in kind the property acquired
ungroundedly its cost must be reimbursed as it was at the time of
acquisition.
Property acquired at the expense of another person not by a
transaction but as a result of other actions knowingly
contradictory to the interests of the State shall be exacted for
the benefit of the State, unless it is liable to confiscation.
The person which has received property ungroundedly shall
also be obliged to return or reimburse all incomes which he has
received or must have received from this property from the time
when he learned or must have learned about the ungrounded
receiving of the property.
These rules shall cover the case of saving of property at
the expense of another person without grounds established by the
law or contract.
Article 471. Property Which Is not Liable to Be Returned
The following property shall not be demanded back as
ungroundedly acquired:
1) property transferred as execution of obligations before
the term of their execution;
2) property transferred as execution of obligations on
expiration of the term of lawsuit prescription in cases when such
execution is permitted by the law;
3) copyright remuneration or remuneration for discovery,
invention, rationalization or industrial specimen paid in excess
or according to the grounds which became void afterwards, if the
payment has been made by the organization voluntarily, when there
is no error of calculation on its part and unfair actions on the
part of the receiver;
4) amounts paid in excess as reimbursement of harm in
connection with damage to health or death, if the payment has
been made with no unfair action on the part of the receiver.
Section IV.
COPYRIGHT
Article 472. Works Covered by the Copyright
Copyright shall cover works of science, literature or arts
irrespective of the form, purpose and merits of the work as well
as of the method of its reproduction.
Copyright shall cover works released or not released but
expressed in some objective form which permits to reproduce the
result of creative activity of the author (manuscript, drawing,
image, public pronouncing or performance, film, mechanical or
magnetic recording and so on).
Article 473. Subject of the Copyright
The subject of the copyright may be:
oral works (speeches, lectures, reports and so on);
written works (literature, science and so on);
drama or music drama works as well as music works with or
without a text ;
translations;
scripts, script plans;
cinema films, television films, radio and television
broadcast;
choreography and pantomime works in relation to which there
exist instruction for their realization (staging) either in
writing or oral;
works of art, sculpture, architecture, graphics and
decorative applied arts, illustrations, pictures, designs,
drawings;
plans, sketches and plastic works referred to science,
technology or stage performance as a drama or musical drama;
geographic, geologic and other maps;
photographic works and works obtained by methods analogous
to photography;
works expressed by means of mechanical or other technical
recording;
other works.
Copyright for photographic works and works made by the
methods analogous to photography shall be recognized if each copy
of the work bears the name of the author, place an year of its
release.
Article 474. Released Works
A work shall be considered released (published) if it has
been published, publicly performed, publicly shown, broadcast by
radio or television or made known in any other way to the
indefinite number of persons.
Information about the work with the description of its
content shall not be considered as its release, and in cases
envisaged by the Council of Ministers of the Republic of Belarus
also copying of the work with the right of manuscript.
Article 475. Copyright for Works Released on the Territory
of the Republic of Belarus
Copyright for the work which is released for the first time
on the territory of the Republic of Belarus or not released but
present on the territory of the Republic of Belarus in some
objective form shall be retained by the author and his successors
irrespective of their citizenship as well as by other successors
of the author.
Copyright shall be recognized also as belonging to citizens
of the Republic of Belarus whose works have been for the first
time released or are present in some objective form on the
territory of a foreign state as well as belonging to their
successors.
In relation to other persons copyright for the work released
for the first time or present in any objective form on the
territory of a foreign state shall be recognized as belonging to
them in accordance with the international agreements (treaties)
of the Republic of Belarus. In case of protection offered in
accordance with the international agreements (treaties) the fact
of release of the work on the territory of a foreign state shall
be determined according to the provisions of the correspondent
international agreement.
In relation to foreign successors of authors who are
citizens of the Republic of Belarus copyright shall be recognized
as belonging to them on the territory of the Republic of Belarus
in case this right is transferred to them according to the
procedure established by the legislation.
Article 476. Rights of the Author
The author shall have the right:
to the publication, reproduction and spreading of his work
by all methods authorized by law under his own name, under a
pseudonym or without name (anonymous);
to the inviolability of the work;
to the receiving of remuneration for the use of the work by
other persons except cases specified by the law.
rates of the copyright are established by the Council of
Ministers of the Republic of Belarus.
If no rates exist for the copyright remuneration the amount
of remuneration to the author for the use of his work shall be
determined on agreement of the parties.
The procedure for the transfer by the author who is citizen
of the Republic of Belarus of the right to use his work on the
territory of a foreign state shall be established by the
legislation.
Article 477. Protection of Inviolability of the Work and the
Name of the Author During His Life
When the work is published, publicly performed or use in
another way it shall be prohibited to make, without the consent
of the author, any changes both in the work itself or in the name
of the work or the name of the author.
It is also prohibited to make, without the author's consent,
any illustrations, forewords, comments or any explanations.
The consent of the author given when making the authorship
contract may not be withdrawn unilaterally.
Article 478. Protection of Inviolability of the Work After
the Death of the Author
The author shall have the right in the same manner as the
executor of the will is appointed (Article 539 of this Code)
specify the person whom he charges to protect the inviolability
of his works on his death. This person shall execute his
authorities during his life time.
If such instructions are absent, the protection of the works
on the death of the author shall be executed by his successors as
well as by the organizations which are charged to protect the
copyright. These organizations shall also effect the protection
of inviolability of works if successors are not available or
their copyright has been ceased (Article 493 of this Code).
Article 479. Co-authorship
Copyright for the work created by joint work of two or more
persons (collective work) shall belong to the co-authors jointly
irrespective of whether such work represents the single integral
unit or is made of parts each of which has also its separate
importance. Each of the co-authors shall retain his copyright for
the part of the collective work which he created himself having
independent importance.
The part of the collective work shall be recognized as
having independent importance if it may be used independently of
other parts of this work.
Relationship between the co-authors may be determined by
their agreement. If no such agreement is available, the copyright
for the collective work shall be exercised by all co-authors
jointly, while the remuneration shall be spread among them in the
manner stipulated by the legislation.
Article 480. Copyright of the Legal Persons
Copyright of legal persons shall be recognized in cases and
within the limits established by the legislation of the Republic
of Belarus. These provisions do not cover the acquisition by
legal persons of the copyrights by the contract.
Article 481. Copyright for the Work Created When Performing
Official Task
The author of the work created when performing one's
official (work) task in a scientific or other organization shall
own the copyright for this work.
The procedure of use by the organization of this work and
the cases of payment of royalties to the author shall be
established by the legislation.
Article 482. Copyright of Organizations for Periodicals and
Other Publications
Organizations which release independently or with the help
of some publisher scientific compilations, encyclopedic books,
magazines or other periodicals shall have the copyright for these
publications as a whole.
Authors of the works included into such compilations shall
have the copyright for their works.
Article 483. Copyright for the Cinema Films, Television
Films, Radio and Television Programmes
The copyright for a cinema film or television film shall
belong to the enterprise which shot the film.
The copyright for an amateur cinema or television film shall
belong to the author (or co-authors).
The author of the script, composer, director, chief
cameraman, chief artist and authors of other works making part of
the cinema or television film shall own the copyright for their
own work.
Copyright for radio and television programmes shall belong
to the radio and television organizations which broadcast them
while copyright for the works included into these programmes
shall belong to their respective authors.
Article 484. Copyright of Makers of Compilations
Copyright for compilations of works which are not subjects
of somebody's copyright, namely: laws. judicial decisions, other
official documents, people's arts, whose authors are not known,
ancient acts and monuments as well as works that are not
protected by the copyright shall belong to the authors of the
compilations if they have subjected the material included into
the compilation to their own systematization or working.
The same right shall belong to citizens who have worked on
individual works of the above kinds.
This right shall not prevent other citizens from releasing
the same works if they have systematized or worked on them
independently.
The maker of the compilation which has worked on or
systematized the works included into it, if these works are the
subject of somebody's copyright shall have the copyright for the
compilation provided the copyright of the authors of these works
are observed.
Article 485. Use of the Author's Work by Other Persons
The use of work of an author (including the translation into
other language) by other persons shall not be allowed other than
on the basis of the contract with the author or his successors
except cases specified by the law.
Article 486. Translation of the Work in Other Language
A translation of a work into another language for the
purpose of release shall not be allowed other than on consent of
the author or his successors.
Article 487. Copyright of the Translator
The translator shall own the copying for the translation
made by him.
Article 488. Right of the Author to Royalties for the Use of
His Work Translated into Other Language
The right to royalties for the use of the work translated
into another language shall belong to the author of the original
in all cases except specified in the law.
Article 489. Use of the Work without the Consent of the
Author and without Payment of Royalties
It shall be allowed without consent of the author and
without payment of the royalties, but with the compulsory
specification of the name of the author, whose work has been
used, and the source of borrowing:
1) to use somebody else's released work for the creation of
a new, creatively independent work, except the re-making of a
prose work into a drama or a script and vice versa, as well as
re-making of a drama work into a script and vice versa;
2) to reproduce in scientific and critical, educational and
political-enlightenment publications of separate released works
of science, literature and arts and abstracts from them; in this
case, this work may be allowed as citations within the limits
stipulated by the purpose of publication whereas the production
in other forms, including compilations, shall be allowed in the
scope which in total does not exceed 40,000 typographical units
represented by the works of the same author;
3) to inform in periodicals, cinema, on the radio and
television about released works of literature, science and arts,
including summaries, abstracts, reviews and other documentary and
informative forms;
4) to reproduce in cinema films, on the radio and television
publicly made speeches, reports as well as released works of
literature, science and arts. Reproduction shall also mean
broadcasting on the radio and television of publicly performed
works directly from the place of their performance;
5) to reproduce in newspapers publicly made speeches,
reports as well as released works of literature, science, arts in
the original and translated;
6) to reproduce by any method, except mechanical contact
copying, works of arts present at places open for free visiting,
except exhibitions and museums;
7) to reproduce printed works with scientific, educational
and enlightenment purposes without gaining profits;
8) to release in relief and dot types for the blinds the
works released.
Article 490. Use of the Work for Meeting Persons Needs
It shall be allowed, without the consent of the author and
without payment of the author's remuneration, to reproduce or
otherwise use somebody else's released work for the purpose of
meeting personal needs.
Article 491. Copyright of the Person Who Used Somebody
Else's Work for the Creation of a New Work
The person who has used somebody else's work for the
creation of a new work (paragraph one of Article 489 of this
Code) shall own the copyright of the work created by him. This
right shall not prevent other persons to use the same work for
the creation of a new work.
Article 492. Use of a Work without the Consent of the Author
with Payment of Royalties
The following shall be allowed, without the consent of the
author, but with the specification of his name and with the
payment of royalties:
1) performance in public of released works; however if the
fares are not collected from the visitors the author shall have
the right to remuneration only in cases established by the
Council of Ministers of the Republic of Belarus;
2) recording on a film, disk, magnetic tape or other device
for the purpose of reproduction in public or distribution of
released works, with the exception of the use of the work in
cinema films, on the radio or television (paragraph four of
Article 489 of this Code);
3) use by a composer of published literature works for the
creation of music works with a text. In such cases, remuneration
to the author of the text shall be paid by the organization which
uses this work;
4) use of released works of fine arts as well as of
photographic works in industrial publications; in such cases the
specification of the name of the author is not compulsory.
Article 493. Term of Validity of the Copyright
The copyright shall be valid during the whole life of the
author as well as 25 years after his death counting from January
1 of the year which follows after the year of author's death.
The copyright shall be succeeded. The right of the author
for the name and the right for inviolability of the work shall
not be succeeded.
After the death of the author the protection of his name and
of the inviolability of the work shall be exercised in accordance
with the provisions of Articles 477 and 478 of this Code.
The copyright of the legal person shall have no time limit.
In case of his re-organization the copyright belonging to him
shall be given to his successor while in case of liquidation - to
the State.
Article 494. Term of Validity of the Copyright for a
Collective Work
The copyright for a collective work shall be valid during
the whole life of each of the authors and shall be succeeded.
Successors of each co-author shall enjoy the copyright
within 25 years counting from January 1 of the year which follows
after the year of author's death.
Article 495. Protection of the Copyright
In case of use of somebody else's work without a contract
with the author or with his successors (Articles 485 of this
Code), failure to observe the conditions of use of the work
without the consent of the author (Articles 489 and 492 of this
Code) as well as in case of a violation of the inviolability of
the work (Article 477 of this Code) or other personal
non-property rights of the author, the author, and after his
death the successors and other persons specified in Article 478
of this Code, shall have the right to demand that the violated
right be restored (correspondent corrections, publications in
press be made on the violation made) or that the work be
prohibited for release or its distribution be terminated.
If violation of the copyright has caused losses to the
author or his successors (Article 211 of this Code), then,
irrespective of the demands specified in this Article, the author
or his successors shall have the right to demand that the losses
be reimbursed.
Article 496. Buy-out of the Copyright by the State
The copyright for the publication, performance in public or
other use of the work may be bought out forcibly by the State
from the author or his successors on a special individual decree
by the Council of Ministers of the Republic of Belarus.
The procedure and the conditions of use of the works the
copyright for which has been bought out shall be established by
the Council of Ministers of the Republic of Belarus.
Article 497. Declaring of the Work the Property of the State
The work in relation to which the term of the copyright
validly has expired may be declared the property of the State by
a decree of the Council of Ministers of the Republic of Belarus.
The procedure and the conditions of use of the work declared the
property of the State shall be established by the Council of
Ministers of the Republic of Belarus.
Article 498. Authorship Contract and Its Types
For the purpose of use of the work the author or his
successor shall have the right to make with a relevant
organization an authorship contract.
Authorship contracts may be of two types:
the authorship contract on the transfer of works for use;
the licenced authorship contract.
According to the authorship contract on the transfer of
works for use the author or his successor shall transfer or the
author shall undertake to create and transfer, within the time
limit established by the contract, a work to the organization for
its use in the way stipulated in the contract, while the
organization shall undertake to execute or begin this use within
the time limit established by the contract (Article 505 of this
Code) as well as to pay to the author or his successor
remuneration, except cases specified by the law.
According to the licenced authorship contract the author or
his successor shall give an organization the right to use the
work, including by its translation into another language or by
re-making, within the limits stipulated by the contract and for a
time period stipulated in the contract, while the organization
shall undertake to pay remuneration for the giving of such right
or for the use of the work in a form stipulated by the contract
inasmuch as the legislation of the Republic of Belarus does not
establish otherwise and inasmuch as the parties have not agreed
otherwise.
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### SEE PART 6 FOR CONTINUE ###
