Правопреемство Республики Беларусь в отношении государственной собственности

Abstract

The article "Legal Succession of the Republic of Belarus in Respect of State Property" examines the problem of succession in respect of State property with reference to the practice of the Republic of Belarus after the dissolution of the Soviet Union. Taking into consideration the comparison of the international law rules in this sphere, in particular, as fixed in the 1983 Vienna Convention, and the statements of the agreements adopted in the framework of the CIS, the tendencies of the distribution of property in the territory of the USSR and abroad are retraced. In the process of succession concerning of the first kind of property the preference has been made for the territorial principle to the detriment of the principle of equity. Possible orientation to exercise the rights of the Republic of Belarus more effectively could be: activization of the work on legal provision and implementing the takeover by the Republic or changing into the regime of joint ownership of the objects of property which are situated on the territory of the statemembers of the CIS and have been constructed and maintained at the former BSSR's budget expense; execution of the rights of a State which does not have access to the sea according to the 1982 UN Convention on Sea Law. As for succession in respect of property abroad, following the signing of the Agreement on the serving of the external debt of the former USSR between the Republic of Belarus and the Russian Federation, the question of the compensation or taking a share of the foreign property of the former USSR is no longer relevant. Belarus has transferred its share in the assets including the USSR property abroad to the account as its share of the external debt to Russia.