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ENFORCEMENT PROCEEDINGS IN BELARUS

Enforcement lawyer in Belarus

Civil enforcement procedure is the final stage of the dispute. At this stage, the actual execution of the court order, which has come into legal force, takes place. Nevertheless, competent organization of enforcement proceedings is no less important than the court trial.

Unfortunately, getting a positive judgement as a result of a court trial does not always guarantee prompt receipt of the awarded funds.

As a rule,  laimants believe that it is enough for them to write a statement on the initiation of enforcement proceedings and wait for the bailiff to transfer funds to their current account. Unfortunately, this misconception can be very costly. Due to the large number of initiated enforcement proceedings, enforcement authorities often do not have the ability to properly ensure control of enforcement proceedings. An enforcement attorney helps to organize the collection of information on the debtor's property, to apply  for security measures , and comply with the necessary formalities during the procedure of selling the debtor's property at auction.

Rights of the parties in enforcement proceedings

The law stipulates that the claimant and the debtor in enforcement proceedings have the following rights:

  • get acquainted with the materials of the enforcement proceedings, make extracts from the documents contained in the materials of the enforcement proceedings, make copies of them at their own expense;
  • submit additional materials, submit applications, petitions and motions;
  • participate in executive actions, give explanations in oral and (or) written form in the process of performing executive actions;
  • to give their arguments on all issues arising in the process of executing the enforcement document, to object to the motions and arguments of other participants in the enforcement proceedings;
  • to challenge other participants in enforcement proceedings;
  • to use the services of an interpreter;
  • before the end of the enforcement proceedings, to conclude an amicable agreement, approved by the court in the manner prescribed by procedural legislation;
  • to appeal against the decisions, actions (inaction) of the bailiff.

Security measures in enforcement proceedings

An enforcement lawyer is often forced to apply for the security measures to ensure the execution of an enforcement document. Such measures can be taken at any stage of the enforcement proceedings.

The security measures according to Belarusian law:

  • seizure of cash and (or) other property of the debtor, belonging to him and held by him and (or) third parties;
  • seizure of funds and (or) other property of the debtor in his accounts, in deposits (deposits) or in storage in banks and (or) non-bank financial institutions;
  • inventory and (or) seizure of the debtor's property held by him and (or) third parties, transfer of this property for storage;
  • prohibition of the debtor to perform certain actions that impede the execution of the court order;
  • the prohibition of the debtor to use the property belonging to him or the establishment of the limits for the use of this property;
  • prohibition of other persons to perform certain actions that impede the execution of the court order, transfer property to the debtor or fulfill other obligations in relation to this debtor;
  • temporary restriction of the right of a debtor - a citizen, including an individual entrepreneur, officials of a debtor - a legal entity to leave the Republic of Belarus;
  • temporary restriction of the right of a debtor - a citizen, including an individual entrepreneur, to drive power-driven vehicles, motor small boats, the engine power of which exceeds 3.7 kilowatts (5 horsepower), the right to hunt, with the exception of cases when the use of these rights is necessary the debtor due to disability or as the only means of earning income;
  • temporary restriction of a debtor - a citizen, including an individual entrepreneur, in visiting gambling establishments.

Some of these measures are taken by the bailiff, some of them are applied only based on the results of court proceedings.

Appealing against the actions of a bailiff

Filing a complaint against the actions of a bailiff is an effective tool to defend one's position in enforcement proceedings. A complaint against the actions of the bailiff is filed by the interested party within ten days from the moment when the party learned about the contested action.

Judgment enforcement lawyer has the right to file a complaint against the actions of a bailiff on his own behalf in the interests of the client. The complaint is sent to the head of the bailiff who committed the actions, and in case of refusal to satisfy complaint, to the court.

Our enforcement lawyers provide the following legal assistance in enforcement proceedings:

  • obtaining a writ of execution;
  • preparation of an application for initiation of enforcement proceedings;
  • representing the interests of the creditor and the debtor in the enforcement authorities;
  • preparation of applications and petitions in enforcement proceedings;
  • application of measures to ensure the execution of the court order;
  • appeal against the actions of the bailiff;
  • exclusion of property from arrest;
  • collection of information on the presence of the debtor's property;
  • obtaining a deferral or installment plan for an executive document;
    replacement of the order and method of execution of the court order.

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